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Posted

Your fiancee can come to the US on visa waiver program and you 2 can get married. Then, she can return to Australia and apply for, receive, then re-enter the US on a K3 visa. Yes, that is perfectly acceptable.

I am a US citizen and I would like to marry my fiance in US and then file for the K3 visa.

Is this acceptable? SHe is from Austria and doesn't really need a visa.

The reason we don't go the K1 route is because she can't leave the country like you can with the K3.

Any help is appreciated

03/12/2007 - Married to my beautiful wife

04/16/2007 - Sent I-130 to VSC via USPS Express Mail

05/12/2007 - NOA1 received by snail mail after a loooong wait

05/14/2007 - Sent I-129F for K3 to Chicago Lockbox via USPS Express Mail

10/22/2007 - I129F APPROVED (161 days), I130 APPROVED (188 days)

11/08/2007 - I129F received at NVC, embassy case number generated.

11/13/2007 - I129F forwarded to embassy.

11/18/2007 - 129F petition received at embassy

01/09/2008 - finally, DOS gives me the interview date, April 16, 2007 (ouch)

01/23/2008 - never got packet 4, emailed embassy

04/11/2008 - picked up packet 4, did medical

04/14/2008 - medical report pickup, no problems

04/16/2008 - interview date- APPROVED!!!!!

04/18/2008 - both of us are home at last, POE JFK!

05/21/2008 - sent AOS and EAD

05/27/2008 - received NOA1 for AOS and for EAD

06/02/2008 - received Biometrics appt letter

06/19/2008 - Biometrics appointment scheduled - DONE

06/19/2008 - both AOS and EAD touched because of biometrics

07/29/2008 - EAD approved.

05/13/2009 - AOS Interview - APPROVED!/ Card production ordered email

05/18/2009 - Welcome Letter received

06/12/2009 - Second card production ordered email

06/19/2009 - Approval notice send email

06/22/2009 - Green Card received

04/09/2012 - Applied for Citizenship by Express Mailing N400 to NBC

04/10/2012 - N400 received by USCIS

06/23/2012 - Biometrics appointment

07/27/2012 - Appointment scheduled for N400 interview

09/05/2012 - Interview passed, oath ceremony completed, and Naturalization certificate received.

Posted
I am a US citizen and I would like to marry my fiance in US and then file for the K3 visa.

Is this acceptable? SHe is from Austria and doesn't really need a visa.

The reason we don't go the K1 route is because she can't leave the country like you can with the K3.

Any help is appreciated

Yep to the comment above mine, but I recommend she goes to Austria instead of Australia. ;)

As long as she is qualified for the visa wavier programme, there's no problem with her visiting the states, marrying you, and then leaving before her 90 days are over. You can even start the process while she's still in the US.

Most people will recommend that she does not mention the mention at the point of entry, but my husband did and had no trouble at all. It's totally legal to marry and leave. The only thing is having to prove that she'll leave - things like a return ticket, letter from her job, copy of lease/mortgage, etc are very important when she arrives in the US to marry you.

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US Immigration Timeline

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24 Feb 2007 - Sent I-130 to London USCIS office (I'm the petitioner)

25 May 2007 - NOA2

2 June 2007 - Received Packet 3

12 Oct 2007 - Sent Packet 3 back by special delivery

5 Nov 2007 - Interview in London - Approved without any hitches!

7 Nov 2007 - Visa and MBE arrived by SMS! :)

30 Jan 2008 - Fly to Michigan!! :)

*Note: Any delays in our case are only due to us taking things slowly

Filed: Other Country: China
Timeline
Posted
I am a US citizen and I would like to marry my fiance in US and then file for the K3 visa.

Is this acceptable? SHe is from Austria and doesn't really need a visa.

The reason we don't go the K1 route is because she can't leave the country like you can with the K3.

Any help is appreciated

Yep to the comment above mine, but I recommend she goes to Austria instead of Australia. ;)

As long as she is qualified for the visa wavier programme, there's no problem with her visiting the states, marrying you, and then leaving before her 90 days are over. You can even start the process while she's still in the US.

Most people will recommend that she does not mention the mention at the point of entry, but my husband did and had no trouble at all. It's totally legal to marry and leave. The only thing is having to prove that she'll leave - things like a return ticket, letter from her job, copy of lease/mortgage, etc are very important when she arrives in the US to marry you.

I agree but would recommend you take a hard look at applying for the CR1 visa instead of the K3. Be aware the problem with the K1 is entering the US without advanced parole. Leaving is allowed.

Pay special attention to the "go back to Austria" part of the advice given. She doesn't need a visa to come here and marry you but she needs a spouse visa to immigrate.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Posted (edited)

:lol: :lol: :lol: Yes, right.

Yep to the comment above mine, but I recommend she goes to Austria instead of Australia. ;)

As long as she is qualified for the visa wavier programme, there's no problem with her visiting the states, marrying you, and then leaving before her 90 days are over. You can even start the process while she's still in the US.

Most people will recommend that she does not mention the mention at the point of entry, but my husband did and had no trouble at all. It's totally legal to marry and leave. The only thing is having to prove that she'll leave - things like a return ticket, letter from her job, copy of lease/mortgage, etc are very important when she arrives in the US to marry you.

Edited by Urge To Race

03/12/2007 - Married to my beautiful wife

04/16/2007 - Sent I-130 to VSC via USPS Express Mail

05/12/2007 - NOA1 received by snail mail after a loooong wait

05/14/2007 - Sent I-129F for K3 to Chicago Lockbox via USPS Express Mail

10/22/2007 - I129F APPROVED (161 days), I130 APPROVED (188 days)

11/08/2007 - I129F received at NVC, embassy case number generated.

11/13/2007 - I129F forwarded to embassy.

11/18/2007 - 129F petition received at embassy

01/09/2008 - finally, DOS gives me the interview date, April 16, 2007 (ouch)

01/23/2008 - never got packet 4, emailed embassy

04/11/2008 - picked up packet 4, did medical

04/14/2008 - medical report pickup, no problems

04/16/2008 - interview date- APPROVED!!!!!

04/18/2008 - both of us are home at last, POE JFK!

05/21/2008 - sent AOS and EAD

05/27/2008 - received NOA1 for AOS and for EAD

06/02/2008 - received Biometrics appt letter

06/19/2008 - Biometrics appointment scheduled - DONE

06/19/2008 - both AOS and EAD touched because of biometrics

07/29/2008 - EAD approved.

05/13/2009 - AOS Interview - APPROVED!/ Card production ordered email

05/18/2009 - Welcome Letter received

06/12/2009 - Second card production ordered email

06/19/2009 - Approval notice send email

06/22/2009 - Green Card received

04/09/2012 - Applied for Citizenship by Express Mailing N400 to NBC

04/10/2012 - N400 received by USCIS

06/23/2012 - Biometrics appointment

07/27/2012 - Appointment scheduled for N400 interview

09/05/2012 - Interview passed, oath ceremony completed, and Naturalization certificate received.

Filed: Other Country: China
Timeline
Posted
SO I been reading I could go the CR-1 route but can she go back and resume working or are you stuck here like the K-1 visa.

CR-1 results in a green card. The stamp in her passport indicates her permanent resident status and allows her to enter the US as often as she likes. Most wait in the US a month or so for the green card before leaving but it is not required. The whole idea of immigrating is to permanently reside in the US, so leaving for extended periods of time can be problematic. You might want to google "reentry permit" for more details.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

 
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