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
Some fiancees think they might want to get married, but are not 100% certain, and need more time to get to know each other or to adjust to the new country. The fiancee may qualify for a visitor visa if the intention is not to get married in the USA (but to come and go and get married in another country, to return again on an immigrant visa). However, by applying for a K-1, the foreign fiancee may be much more open about their intentions since the purpose of the visa is to allow a foreign citizen to remain in the United States for 90 days to get married, with the idea of living and working legally after marriage. If the intent to marry is made clear enough, and something does happen that makes the couple decide not to marry, then the fiancee may leave the country without repercussions. However, in the case that the couple marry after entry on another type of temporary visa, there are some penalties under the law. In many cases the marriage will be upheld and immigrant status granted to the foreign spouse, but sometimes the foreign spouse risks being deported. Limitations have also been put into place to discourage marriage by visitors on other visas. For example, a K1 visa may not be issued to a recent student visitor (to discourage foreigners being students merely for the purpose of meeting US spouses). Though the K1 visa may take more time in planning, it minimizes risks that wedding plans will be scuttled at the last moment by a denial of admission.
Expert Tip # 1
Don’t attempt to game the system by applying for a tourist, student or employment visa for your Fiancee. Not only does this waste time waiting to hear that your Fiancee’s application has been rejected, but it will serve to identify your Fiancee as someone probably attempting to enter the U.S. under false pretenses. All Fiancee visa applications are initially viewed skeptically by USCIS with the underlying assumption that a possible attempt to circumvent U.S. immigration laws is being attempted. The USCIS mandate is skewed to preventing fraud, not to bringing happy couples together. Applying for a Fiancee visa after unsuccessfully applying for other visas will subject your Fiancee to extra scrutiny and delays at best, an outright rejection at worse.
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