Australian Fiancee Visas to USA
K-1 Fiancé(e) Visa
Who is eligible?
A fiancé(e) of a United States citizen who will travel to the United States to marry and take up indefinite residence after marriage may be eligible for a fiancé(e) visa. To qualify for a fiancé(e) visa, the following criteria must be met:
- one party is a U.S. Citizen;
- both parties are legally free to marry;
- the parties have met in person at least once in the two years prior to filing the petition absent a waiver of the requirement; and
- the marriage will take place within 90 days of the fiancé(e) entering the United States on the fiancé(e) visa.
How do I apply?
The first step in applying for a fiancé(e) visa is for the U.S. Citizen fiancé(e) (the petitioner) to file a petition onForm I-129F with the United States Citizenship and Immigration Services (USCIS) having jurisdiction over his/her place of residence in the United States. Note: The petition can only be filed with the USCIS in the United States; it cannot be filed or adjudicated abroad at a U.S. Consulate in Australia.
What happens to the approved petition?
USCIS will send the approved petition to the National Visa Center (NVC) in New Hampshire for additional processing before being forwarded to the Embassy or Consulate having jurisdiction over the fiancé(e) visa applicant's place of residence.
How long will the application take to process?
The period of time it will take to process the application will vary with each individual's circumstances. USCIS processing times are available on the USCIS website. A further three to six months should be allowed for the processing of the visa application once it is received by the Embassy or Consulate.Once the petition is approved and received in Sydney
Once the U.S. Consulate General in Sydney has received an approved I-129F petition entitling the beneficiary to K-1 nonimmigrant visa classification as an alien proceeding to the United States to marry a U.S. citizen, the beneficiary will be notified by email (known as 'Packet 3'). The beneficiary will receive these instructions to prepare for the interview appointment with a consular officer.
Upon arrival in the United States
Fiancé(e) status automatically expires 90 days after arrival in the United States. It cannot be extended. The fiancé(e) should leave the United States at the end of the 90 days if you do not marry. If your fiancé(e) does not depart, he or she will be in violation of U.S. immigration law. This may result in removal (deportation) and/or could affect future eligibility for U.S. immigration benefits. If the fiancé departs the United States without having married, they cannot be readmitted on the fiancé visa and the petitioner will have to file another petition and start the process again.
After the marriage takes place, the beneficiary must file form I-485 with USCIS to adjust status to a conditional permanent resident. The beneficiary is not permitted to depart the United States or engage in employment until permanent residency has been granted, absent permission from USCIS. If the beneficiary seeks to travel abroad or engage in employment after admission, the fiancé(e) should refer to the USCIS website for more information.
I help you to successfully apply for a Fiancee Visa
The K-1 visa was introduced as a bureaucracy-reducing measure for US citizens desiring to marry foreigners. It allows the fiancee to enter without first obtaining the green card, which can then be obtained while in the USA. It can still be cumbersome in that the same steps must still be performed (just without such a long wait in the foreign country). The validity of the relationship/marriage is potentially subject to immigration scrutiny at several different times - including when the original application for the K-1 visa is made, at the interview at the US Consulate abroad, and then later after marriage when it is time to file for Adjustment, and once again near the end of the 2-year waiting period. It has the advantage that it allows the foreign fiancee to enter the US with the intention of marrying a US citizen.
Expert Tip # 10
If possible, accompany your Fiancée to her interview at the consulate. Attending the interview clearly confirms you in the role of a sincere and concerned future husband. And if the visa is approved shortly thereafter you can accompany your future bride on the trip to the U.S.
More Expert Fiancee Visa Tips