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  • Australian marrying US citizen. Need help please

    Hi,

    I'm an Australian intending to marry my American fiance. In a bit of a dilemma with visas & wedding planning. I have 2 scenarios I need to consider:

    ==
    1) Getting married in the US.

    It seems like I need to get a K1 (fiance) visa to get married in the us. However, it seems this takes up to 5 months to be processed which is a bit scary because I don't want to plan a wedding and fork out a lot of money for the wedding venue to then find out for whatever reason the visa is either rejected or delayed due to complications - I'm unable to enter the US to get married.

    Worse case scenario, I could marry on the US Visa Waiver Program but this means I will have to leave the country after 90 days.

    2) Getting married in Australia.

    After getting married, I can submit Form I-130 and then applying for a K3 visa to reside in the US as a non-immigrant while waiting for a spouse visa. However, I'm not sure how long does the K3 visa take to get approved.
    ==

    Ideally, I'd like to get married in the US.

    With (1), do you guys think I should proceed with planning my wedding whilst applying for a fiance visa? I'd really like to be able to stay with my wife after we get married while I wait for a spouse visa.

    With (2), can I apply for K3 while on US waiver program (in the US) or must I apply outside of the US? How long is K3's processing time?

    Any tips/suggestions would be great, as well as links to the US immigration website. Thanks.

  • #2
    Planning a wedding can be a bit tricky with the K1 since the time needed from start to finish is somewhat unpredictable. Once you have an approved I-129F it gets easier to plan and the K1 visa is valid for six months from the day it’s issued. Then you have 90 days to get married from the day you enter the US, which theoretically gives you a nine months window for planning.

    Applying for a K3 visa has to be done at the Embassy in Australia, although the initial petitions can be filed while you’re still in the US. Some people suggest that the K3 is about to be phased out due to the decreased processing times of the CR1/IR1 visa. The general opinion seems to be that CR1/IR1 is better than K3. The processing time of K3 should be about the same as for K1. The main benefit of CR1/IR1 is that you don’t have to go through AOS once you enter the US.

    I would add links to various sources but they tend to get deleted fairly quickly by the administrators. Googling “USCIS” gives you the USCIS website which has quite a bit of information. Travel.state.gov also has some information.

    Comment


    • #3
      Since you would like to get married in the US and wait in the US for your green card, the best way is to take the K1( fiancee) route.
      However, with some variations, a K1 visa processing can take the same time and similar process as an immigrant spousal (CR) visa . With K1 , you will have to go through
      two processes, K1 visa in australia and then adjustment of status in US. While a CR visa involves only one process if you can wait a few months in australia. That is after getting married in US on your visa waiver.


      For a K3 , the marriage must take place outside US, involves filing of two petitons I-130, I-129 and is tricky.
      You cannot change from visa waiver to K3 inside US. For details on K3, go to travel.state.gov

      Comment


      • #4
        If you want to marry in the US, the K1 route is the way to go. Not sure how long that takes, but check **** **** ***.com as there are a LOT of people there with experience with this. Once you're there and married, you file the I130+I485+I131.

        Comment


        • #5
          Thanks all for the quick replies.

          Originally posted by wavedom View Post
          Planning a wedding can be a bit tricky with the K1 since the time needed from start to finish is somewhat unpredictable. Once you have an approved I-129F it gets easier to plan and the K1 visa is valid for six months from the day it’s issued. Then you have 90 days to get married from the day you enter the US, which theoretically gives you a nine months window for planning.

          Applying for a K3 visa has to be done at the Embassy in Australia, although the initial petitions can be filed while you’re still in the US. Some people suggest that the K3 is about to be phased out due to the decreased processing times of the CR1/IR1 visa. The general opinion seems to be that CR1/IR1 is better than K3. The processing time of K3 should be about the same as for K1. The main benefit of CR1/IR1 is that you don’t have to go through AOS once you enter the US.

          I would add links to various sources but they tend to get deleted fairly quickly by the administrators. Googling “USCIS” gives you the USCIS website which has quite a bit of information. Travel.state.gov also has some information.
          Yeah unfortunately with weddings, I don't the luxury of waiting to get my venues & dates booked in. Especially when I'm planning all of this remotely in Australia :S

          With K3/CR/IR1, am I able to apply for this even when I haven't officially been married yet or do I have to wait until then? If that's the case, can I apply from the US (since the wedding is taking place there)?

          Originally posted by peace999 View Post
          Since you would like to get married in the US and wait in the US for your green card, the best way is to take the K1( fiancee) route.
          However, with some variations, a K1 visa processing can take the same time and similar process as an immigrant spousal (CR) visa . With K1 , you will have to go through
          two processes, K1 visa in australia and then adjustment of status in US. While a CR visa involves only one process if you can wait a few months in australia. That is after getting married in US on your visa waiver.

          For a K3 , the marriage must take place outside US, involves filing of two petitons I-130, I-129 and is tricky.
          You cannot change from visa waiver to K3 inside US. For details on K3, go to travel.state.gov
          Does this mean after the wedding in the US (on K1), I will need to leave the country and apply for CR1 from Australia? I actually called the US consulate in Sydney and asked them whether I'm allowed to marry on waiver program if I intend of leaving the country. They said no you're not allowed and if I want more information, I'll need to give them my passport #. I was like wtf?? Asking a general question - why on earth would they want all my personal details?

          Comment


          • #6
            Originally posted by Danny Ng View Post
            Thanks all for the quick replies.
            Does this mean after the wedding in the US (on K1), I will need to leave the country and apply for CR1 from Australia? I actually called the US consulate in Sydney and asked them whether I'm allowed to marry on waiver program if I intend of leaving the country. They said no you're not allowed and if I want more information, I'll need to give them my passport #. I was like wtf?? Asking a general question - why on earth would they want all my personal details?
            If you choose the K1 route, you get married in US , stay in US and adjust status to green card in US. You do not return to australia.

            What I meant was to get married in US on a visa waiver and then return to australia. Your spouse files an I-130 and you wait in australia for your Immigrant ( CR) visa.
            I do not think there is anything illegal about getting married in US on a visa waiver, if you will return to australia after the wedding.

            What is illegal is To enter on a visa wavier w ith an intent to get married and then change to green
            card.
            Last edited by peace999; 10-17-2013, 01:17 AM.

            Comment


            • #7
              You're free to enter on the VWP and get married as long as you intend to leave after that and wait out your immigrant visa in Australia, as peace999 said.

              Comment


              • #8
                Originally posted by peace999 View Post
                If you choose the K1 route, you get married in US , stay in US and adjust status to green card in US. You do not return to australia.

                What I meant was to get married in US on a visa waiver and then return to australia. Your spouse files an I-130 and you wait in australia for your Immigrant ( CR) visa.
                I do not think there is anything illegal about getting married in US on a visa waiver, if you will return to australia after the wedding.

                What is illegal is To enter on a visa wavier w ith an intent to get married and then change to green
                card.
                If on waiver route, when I arrive in the US, I should inform customs that I intend to get married but also intend on leaving the US?

                I've attached a flow chart of how I understand the process between getting married in the US and Australia. Is there something I'm missing? Also, what's Form I-131 for?

                US Visa Flow.zip
                Last edited by Danny Ng; 10-17-2013, 09:14 PM.

                Comment


                • #9
                  Originally posted by Danny Ng View Post
                  If on waiver route, when I arrive in the US, I should inform customs that I intend to get married but also intend on leaving the US?

                  I've attached a flow chart of how I understand the process between getting married in the US and Australia. Is there something I'm missing? Also, what's Form I-131 for?

                  [ATTACH]241[/ATTACH]
                  You got a lot of things wrong on the flow chart.
                  Please provide your email.

                  Comment


                  • #10
                    Outcome

                    So what path did you choose? Currently in same position

                    Comment


                    • #11
                      Hello, My name is George
                      Indians in Australia | Indians in Sydney

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