US Immigration from Australia

Hi all! My fiancee and I are in need of some advice.

We are in the process of obtaining a K-1 visa, with only the interview in Sydney yet to take place. Australian fiance is currently in US on a tourist visa during the interim period, and our original plan was to return to Australia only to conduct the K-1 visa interview and then immediately return to US once the K-1 visa is issued.

We are now contemplating getting married in the US whilst fiance is on his tourist visa and then applying for an Adjustment of Status and abandoning the K-1 visa process, driven largely in part because fiancee has recently fallen pregnant.

Our understanding is that it is not permitted to enter the US on a tourist visa with the intention of getting married on a tourist visa and then applying for an Adjustment of Status. However, we are not sure whether we would be viewed by US immigration as falling within this category. The fiance entered the US with no intention of getting married on the tourist visa, and only recently has this intention changed.

Our question is whether US immigration would permit an Adjustment of Status application based on these circumstances, or whether the filing for the K-1 would be viewed as a clear intention to marry and thus a breach of the tourist visa. Can anybody help to advise on this!?

Also, even if an Adjustment of Status is allowed after marrying in US on a tourist visa, would it be faster and cheaper to simply obtain the K-1 visa for the purposes of obtaining a green card as opposed to applying for Adjustment of Status?

Thank you so much for your help!

Hi Everyone, Its been a couple of years since I was last on but now its time to start removal of conditions. We can file the paperwork in 12 days (the 90 day window).

How much evidence are people submitting typically?

We have an investment fund together, joint account with both paychecks going into this account, just had a baby (which is why I am just looking into this now), a handful of international vacations together before the baby arrived, joint health insurance, our son was in the NICU for 3 months so lots of medical records with my husband in the documents. Throw in a couple of pictures as a family, during these trips, during our hospital stay, and since we have been home with our son. Life insurance and a Will were on the agenda before my son was born but my son arrived 3 months early and all that was put to the side.

Do you think this would be enough?

Does anyone know how long in between Packet 3 is sent and Packet 4 will be received? My fiance just sent in packet 3 and is waiting on Packet 4 to receive and be given an interview date. Do we chose a date? Do they make one for us?

Hi all. For example, if a Chinese citizen and an US citizen to get married in US or China, is there a difference in marriage divorce law? Of course there's the difference in cost, documents needed and etc.

And if they are to divorce in a different state in US or a different country, do they follow the laws from the state where they were married? Thanks

Hello,

We've tried browsing the forum for the answer but we haven't found it ..

We just found out that our friend won't be able to be a joint sponsor, but now we are thinking if we even need one?

USC (petitioner) spent the last 6 years serving the US in the USN. He came to Australia from Jan 2019 and flies back to the States in Jan 2020 to (a) re-establish domicile and (b) get a job! He will files taxes for the year he was in Australia but it will be 0 as he did not work due to his Australian visa conditions so no US income and no foreign income.

If the petitioner has a job that is well above the poverty line at the NVC stage, would we still need a joint sponsor? He can provide 3+ years of tax transcripts with only one year (being the when he files taxes in 2020) will be 0. He will (or should) be able to supply letter from employment plus pay stubs for when he gets a job when he moves back.

Will that be enough or give the most recent year was a 0 on his tax, will NVC require a joint sponsor?

What about savings in a US bank account? Could that help?