K1 interrupted; now what?

[dewy]

Good afternoon all,

I am an Australian citizen, my wife is American. We, like a lot of you, have some very complex circumstances. Please advise if you know how to proceed.

My (then) fiancee and I filed an I-129F form in June in the US. Approved in Sept.

We could not get an Australian consulate interview before our wedding (in the US), so we married in November with me entering legally on a Visa waiver.

Now we're back in Australia (so as not to overstay my visitor status) to finish paperwork. We have been told that we cannot continue with the fiancee (K-1) visa since we are married. But we have not been told what TO file.

Is K-3 appropriate? Do we need to file the I-129F again after an I-130? When can we legally enter the US together? And if we're already married, do I need to have medical evaluations done, or consular interviews in Australia before we leave, or in the US?

We're just so confused. And ready to hire an immigration lawyer, so if you know of good ones who can work over skype or email, let us know that too.

Sincerely,
Dewi

[nichole]

Now we're back in Australia (so as not to overstay my visitor status) to finish paperwork. We have been told that we cannot continue with the fiancee (K-1) visa since we are married. But we have not been told what TO file.

You start from the beginning for a spouse visa with the I-130 petition filed by your wife. You pay all fees again and wait on approval again. The approved petition goes to the National Visa Center (NVC) where forms, payments, and documents are mailed.They will notify you what to send and when. NVC schedules your interview in Australia and sends the file there. You get a CR1 spouse visa and are a greencard holder and eligible to work as soon as you enter the US.

Is K-3 appropriate? Do we need to file the I-129F again after an I-130?

No. It's a visa still on the books, but basically not given anymore because the spouse CR1 visa is better and as fast. Even if you did the I-129 with the I-130, they would throw it out and you'd still end up with CR1.

When can we legally enter the US together?

After your interview and when you get your passport with CR1 visa back

And if we're already married, do I need to have medical evaluations done, or consular interviews in Australia before we leave, or in the US?

Yes to both.