Hello VJ-ers, I wanted some thoughts about an outside of the box hypothetical situation my partner and I thought of that I haven't seen anywhere (in my own research, and most likely because it's simply not possible):
I submitted my fiance's I-129F in March with me being here in Australia with her, I'm still here with her and we're looking at various plans and pathways.
We have been looking into doing an Australian partner visa for me and perhaps cancelling the I-129F petition.
We were thinking about getting married here in Australia and then me lodging a CR1 visa for her.
Yesterday we had a consultation with an immigration lawyer who informed us that we don't have to get married in order to lodge an Australian partner visa, that we will meet the de facto requirement (which I didn't think we would meet) and we should formally register our relationship and get a registered relationship certificate from the Australian government.
After the consultation my fiance had a lightbulb moment and asked if we could keep the I-129F going for her (since she feels bad with me cancelling because of the work I put into it) while we submit an Australian partner visa for me (having our cake and eating it too?). We would both rather get married in Hawaii where I'm from anyway. We sketched out the scenario on the whiteboard and wonder if there's a way where this is somehow possible?
The areas of concern we saw would be in the area of establishing domicile which would be in relation to the scenario of if she had to be in Hawaii on the K1 without me there while I stay in Australia awaiting my Australian partner visa decision (you can travel in and out, but have to be in Australia when the decision on the visa is made). I personally think even if it were somehow remotely possible, it would be a huge red flag for an adjudicator with either of us not being in the same country together while they're processing.
Long story short:
We both would like to have dual citizenship and always saw it as playing the game for one "citizenship/PR" at a time, as in:
1)the American greencard for her first, and then once she gets a U.S. greencard for me to get Australian permanent residency and/or citizenship
2)or vice versa with doing the Australian PR for me first then her American greencard through a CR1 with us still getting married in Hawaii but for my fiance to be on a tourist visa with us going back to Australia after the wedding and waiting for her CR1.
but now an unlikely but altogether interesting scenario 3) which is somehow doing both at the same time through a K1 for her in Hawaii (with her staying with my family) and an Australian partner visa for me here in Australia.
*P.S. I'm aware that citizenship involves spending a certain amount of time in each country