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Same-sex fiance Visa question; Australian to the US

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  • Same-sex fiance Visa question; Australian to the US

    To whom it may concern,

    I'm writing to get some initial advice on the appropriate steps to take, and appropriate Visa forms to file, to bring my Australian fiance to the US. We are both male, but will live in DC where our marriage will be legal. My current job is ongoing through 2015 at least, and he would quickly enter the job market once he arrives in an area we think will be good for it. Firstly, will we, too, need to complete the K1 process and file form I-129F? What else might we need? I am also currently on the "permanent residency" track as far as Australia. My "partner Visa" there is in the "temporary residency" stage and thus I am allowed to be back in the US for work. Our goal is eventually to have full travel and residency rights in each other's countries. As it stands now, we are hoping to have him back in the US by Thanksgiving. If we are correct in identifying the Visa forms we need to file, can he still return on a tourist Visa if the I-129F is filed? We will go down to a local courthouse within 90 days to obtain a certificate and have a more formal, but small and casual reception next year (with more planning)! For obtaining work rights, is it also true that we just need an AOS form, and EAD card and SSN? If so, do we have to wait until the I-129F is approved? Or, can we go down to any of the SAA offices in DC to file quickly after his return?

    Thank you very much for any help you can provide!

  • #2
    You have two options:

    1. Petition your partner as a fiance, using form I-129F with supporting documents. While in process, his use of a visitor visa to enter the U.S. might be denied, since "intent to immigrant" will have been expressed by submittal of the fiance petition.

    2. If in the U.S. on a visitor visa, marry where allowed, then petition and Adjust (I-130 and I-485, with supporting docs). He should not leave the U.S. while this in process, as he may be considered a visitor visa overstay and the "adjustment" procedure will be considered abandoned.

    USCIS' use of fiancee and marriage of same-sex couples is still relatively new without a lot of precedents for overcoming denials or bureaucratic stalls.

    --Ray B

    Originally posted by dgh View Post
    To whom it may concern,

    I'm writing to get some initial advice on the appropriate steps to take, and appropriate Visa forms to file, to bring my Australian fiance to the US. We are both male, but will live in DC where our marriage will be legal. My current job is ongoing through 2015 at least, and he would quickly enter the job market once he arrives in an area we think will be good for it. Firstly, will we, too, need to complete the K1 process and file form I-129F? What else might we need? I am also currently on the "permanent residency" track as far as Australia. My "partner Visa" there is in the "temporary residency" stage and thus I am allowed to be back in the US for work. Our goal is eventually to have full travel and residency rights in each other's countries. As it stands now, we are hoping to have him back in the US by Thanksgiving. If we are correct in identifying the Visa forms we need to file, can he still return on a tourist Visa if the I-129F is filed? We will go down to a local courthouse within 90 days to obtain a certificate and have a more formal, but small and casual reception next year (with more planning)! For obtaining work rights, is it also true that we just need an AOS form, and EAD card and SSN? If so, do we have to wait until the I-129F is approved? Or, can we go down to any of the SAA offices in DC to file quickly after his return?

    Thank you very much for any help you can provide!

    Comment


    • #3
      Originally posted by rayb View Post
      You have two options:

      1. Petition your partner as a fiance, using form I-129F with supporting documents. While in process, his use of a visitor visa to enter the U.S. might be denied, since "intent to immigrant" will have been expressed by submittal of the fiance petition.

      2. If in the U.S. on a visitor visa, marry where allowed, then petition and Adjust (I-130 and I-485, with supporting docs). He should not leave the U.S. while this in process, as he may be considered a visitor visa overstay and the "adjustment" procedure will be considered abandoned.

      USCIS' use of fiancee and marriage of same-sex couples is still relatively new without a lot of precedents for overcoming denials or bureaucratic stalls.

      --Ray B
      Thanks Ray! Reading this, it seems like option 2 is best. Can I read this to mean that he can reenter the US on another visitor Visa via Australia's ESTA application program, done at the time he buys his return tickets, and then within 80 days, we head down to the courthouse to register the legal/bureaucratic side of our marriage and he can then file I-130 and I-485 directly? Without I-129F before hand? Also important is that he will need to look for and find work, even if just supplementary part time, as soon as possible. Which of these options would allow that?

      Comment


      • #4
        With a fiancee visa, after about 15 days in the U.S., the entrant can apply for a Social Security Number, which will allow TEMPORARY work authorization only through the remaining 90 days of the fiancee visa period. About three months after submitttal of the I-485 Green Card application, the applicant will receive a TEMPORARY Work Authorization which provides authorization to work for one year or until the Green Card is received.

        If converting from an ESTA OR B2 visitor visa, authority to obtain an SSN and legally work will not be allowed for about 3 months (when the temporary Work Authorization is received from filing the Adjustment package) or about 6 months, if a Green Card is approved following a formal interview.

        --Ray B

        Originally posted by dgh View Post
        Thanks Ray! Reading this, it seems like option 2 is best. Can I read this to mean that he can reenter the US on another visitor Visa via Australia's ESTA application program, done at the time he buys his return tickets, and then within 80 days, we head down to the courthouse to register the legal/bureaucratic side of our marriage and he can then file I-130 and I-485 directly? Without I-129F before hand? Also important is that he will need to look for and find work, even if just supplementary part time, as soon as possible. Which of these options would allow that?

        Comment

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