Visitor to k1 visa

[PeabodyL]

I have gone to Australia, and my "friend" has come to US. He came over on a visitor visa and now we want to get married. We have know each other for two years. What steps can I take to keep him here on a visitor visa or does he have to go back and then come back on a k1 visa. We want to get married soon. very soon if possible. What options do we have?

Thanks.

[immihelp]

What is your legal status? Are you U.S. citizen?

[PeabodyL]

Yes, I am an US Citizen. He is an Australian Citizen. We have talked with each other in one form or another for two years (mostly) Skype. I visited hm December 2010 and he came here for 2 months. After being together we have decided that we do not want this to end. He leaves tomorrow, Dec. 1st. and he almost has to go back, however if he comes back on a visitor visa at the end of the month how long can he stay while we work on getting him through the k1 process and can we do that being that he is here on a visitor visa? Is there some sort of an adjustment visa from one to another?

Thank you,

lpeabody

[nichole]

Your visa choices:

K1 fiance visa-(File petition I-129F) You marry after he receives the visa and enters the US on it. He adjusts status to a permanent resident after the marriage. (more forms and $1070)

CR1 spouse visa- (File petition I-130) You marry in any country first. When he enters the US on the visa he is given permanent resident status and can work immediately.

Both will require some time apart waiting on the process. You both can still visit. He is not guaranteed to be admitted on his tourist visa. The longer he stays and the shorter the time he stays out of the US, the more likely he could be questioned and refused entry. They don't want him spending more time in the US than at home. He doesn't want to appear to be "living" in the US on a tourist visa. It's up to the one guy working the immigration desk the day he arrives.

If you think you want to do the K1, then before he leaves get his form G-325A filled out and signed as well as a letter of intent signed by him. They will need his original signatures. And get US passport sized photos made. (Get 4 and send him home with 3 to use at his embassy visa interview and medical appointment). Then you can get the rest of the petition done and won't have to wait on snail mail from Australia. Oh--and you'll need some proof of meeting in person so photocopy his passport showing stamps he entered the US and his boarding pass from his arrival here. Then maybe an ATM or creditcard receipt showing him in your town. Got a Best Buy close? Their receipts print out his name (from the credit card) as well as date and town. You charge something too and you'll have a matched pair of receipts putting you in the same store at the same time.

[PeabodyL]

Hi, my finance came here from Australia for 2 months. He went back to get things together as we decided after his visit to get married after knowing each other for more than 2 years. I would like him to come back, but had heard that it is better to wait until we have a k-1 case number before he comes back. Also, since it is Australia and he would be coming in on a visa waiver and he was just here (left December 1st), how soon can he come back. We want to be very careful and not screw up the k-1 visa. We know that he still needs to go back, but as of January 1st he needs to move so we were hoping he could come back if he does not get a case number before than.
So to sum up: He arrived on Sept 29, left december 1
We are submitting documents for a k-1 visa, but will probably not have a case number before 1st of year.
Would like him to come by the end of the year, but not if it is going to be an issue and it would be better to wait until we have a case number.
What is your suggestion as far as timing of travel?

[nichole]

A case number has no bearing on him being able to visit on visa waiver. They do not know at the airport who has filed a petition. He can visit while the petition is processing. It's not against the law. Did you read what I said before?

You both can still visit. He is not guaranteed to be admitted on his tourist visa. The longer he stays and the shorter the time he stays out of the US, the more likely he could be questioned and refused entry. They don't want him spending more time in the US than at home. He doesn't want to appear to be "living" in the US on a tourist visa. It's up to the one guy working the immigration desk the day he arrives.

Do you think if he left Dec 1 after a two month visit and wants to come back within the same month sounds like he's trying to spend more time in the US than his home country? The immigration guy will and may put him on the next plane to Australia. Or he might get by with it. There are no written rules. Totally up to the guy working the desk that day. It will not affect yyour visa in any way if he is refused entry. As long as he is okay with buying an expensive ticket and taking a really long flight, only to be held without even seeing you, then taking that long flight back home ...then go for it. There is absolutely no way to know how it will go. To better his chances of entry he should take proof of strong ties and responsibilities in Australia. That would be something like:

--a letter from his employer saying he will be expected back to work on [date]. Oh wait, he probably doesn't have a job if he can spend so much time in the US.
--a copy of his lease
--a copy of his paid up tuition for next term and class schedule if in school. And student id.
--a hefty bank account
--a letter from his doctor saying he's scheduled for surgery on Jan 15 so will be returning.

Otherwise they might suspect he has no ties or reasons to return home and may be planning to be an illegal in the US by not going back.

[PeabodyL]

Thanks Nicole. I appreciate your information and very helpful. It is difficult because he had to quit to take care of his Dad and now he is out of work. having his visitor flagged is not what we want. It sounds like there is not a good amount of time for him to stay out of the country and he would almost be better off to stay out until the k1 is done. Wish I knew ahead of time that having him here for 2 months was actually determental in the long run. Thanks for the information.

[barbarajlw]

Thanks Nicole. I appreciate your information and very helpful. It is difficult because he had to quit to take care of his Dad and now he is out of work. having his visitor flagged is not what we want. It sounds like there is not a good amount of time for him to stay out of the country and he would almost be better off to stay out until the k1 is done. Wish I knew ahead of time that having him here for 2 months was actually determental in the long run. Thanks for the information.

If he left to go back home to OZ on 1st Dec he can come back to visit you on VWP around March and should not have a problem as long as he has the proof of residency that Nichole suggested.
I visited Sept 2009 left 30th Nov 2000 and came back March 2010 and stayed to June 19 2010. It is not detrimental to your petition if he visits you or even when he visited you. You will be ok and once your petition has been accepted a visit in between should be fine.
I am and Aussie and never had a problem visiting. Good luck

[PeabodyL]

Thank you for the information you have no idea on how much knowledge is power. Appreciate it so much.