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Discussion Starter · #1 ·
Hey all, apologies in advance if these seem like silly questions, I actually have done a lot of reading on the matter!

I've been doing long distance with my girlfriend for a number of years (she is American, I'm Australian) . We've visited each other a number of times but it's proving quite costly and clearly not an ideal relationship.

I do have work I can do remotely from back home but it's not enough and I lose a lot on exchange rates in any case. From all the reading the K1 visa seems to be our only option for me to be able to work and stay longer than 3 months, is there any other avenues besides this that I may have missed to be able to work in the states? I really need work in my life to stay sane! (the stages in the faq sticky are quite familiar to me unfortunately)

As for the K1 I'm currently in USA with her, can we start the process now or do I have to be in my home country? What costs total and timeframe from start to finish are we looking at?

Any help would be appreciated, thanks all. :)
 

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You talk about needing the ability to work in the US; the K1 is the fiance visa where you marry within 90 days of entering the US and then, once married, adjust status to remain permanently.

Is this what you intend to do?

During the 90 day period you can't work until you receive your Employment Authorization Document (EAD). This could take 60 to 90 days. Better to concentrate on getting married and adjusting status during which you could request the work permit as part of the application.

If you are visiting the US then you need to return home to start the application - you can't do it from within the US.

Think the K1 fee is 265 USD and the filing fee is around 160 USD. There would then be the filing and visa fee for the adjustment of status procedure.

Process takes about 8 to 10 months.

http://www.uscis.gov/family/family-us-citizens/fiancee-visa/fiancee-visas
 

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Discussion Starter · #3 ·
Yes that is the intention unless we can find another way, we'd prefer not to be forced into marriage just to be together. I'm not eligible for the E3 visa so was just curious if there was any other way possible.

That's bad news regarding returning home to start it, was hoping that wouldn't be the case as it seems a little silly to me, just couldn't find anything stating that exactly. I only just got here so sounds like it would be a year before I can possibly do anything permanent. :(

My girlfriend would have to start the process and that would take time before I receive my packet back home, so I definitely couldn't time it so I was back home when it was due to arrive?

Thanks again.
 

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Again

K1 - go through filing until petition is approved, enter US, get married, adjust status to Green Card. No work until Adjustment of Status is through.
CR1 - get married (where and how does not matter as long as you have the certificate and an Apostille), do whatever you do in AUS, she files your petition, ... once it is granted you enter the US and get your Green Card status at point of entry and can work.

Either way seems to take 12-18 months right now assuming your records are squeaky clean and everything else is in order.

Silly or not or what you would prefer does not matter.
 

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That's bad news regarding returning home to start it, was hoping that wouldn't be the case as it seems a little silly to me, just couldn't find anything stating that exactly. I only just got here so sounds like it would be a year before I can possibly do anything permanent. :(
Silly or not, it's the case in most countries, including Australia.
 

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Discussion Starter · #6 ·
Silly or not, it's the case in most countries, including Australia.
Fair enough, I was more curious as to why you couldn't though? As far as I know it takes a fair while for the documents lodged over here to be processed, as long as I have a home address back in Australia I can't see why I'd need to be there in person until the consulate interview stage.
 

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Fair enough, I was more curious as to why you couldn't though? As far as I know it takes a fair while for the documents lodged over here to be processed, as long as I have a home address back in Australia I can't see why I'd need to be there in person until the consulate interview stage.
...... just one practical reason........ because you are only allowed up to 90 days as a visitor and the whole K1 visa process takes anything between 10 to 18 months depending on circumstances. So you would be in the US "undocumented"
 

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:Dh
Fair enough, I was more curious as to why you couldn't though? As far as I know it takes a fair while for the documents lodged over here to be processed, as long as I have a home address back in Australia I can't see why I'd need to be there in person until the consulate interview stage.
The short answer is "because".

You are in legal limbo. You enter the U.S. under the premis of. non-immigration intent waiting for your immigration visa. Some enter the U.S. some do not enter the U.S. It depends on how adventurous you are.

Entry/exit is recorded and at the IO's fingertip as well as at USCIS. I did not believe until I saw 30 years it it on a screen.
 

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Discussion Starter · #9 ·
:Dh

The short answer is "because".

You are in legal limbo. You enter the U.S. under the premis of. non-immigration intent waiting for your immigration visa. Some enter the U.S. some do not enter the U.S. It depends on how adventurous you are.

Entry/exit is recorded and at the IO's fingertip as well as at USCIS. I did not believe until I saw 30 years it it on a screen.
Ah yep, that was slightly different to what I meant but thanks for clearing that up as well.

Sorry for the confusion, I just meant I'm currently in USA under the 90 day visa rule and wondering why my partner has to wait to start the whole K1 process until I return to Australia instead of filing the I-129F Petition while I'm here.

Possibly not being able to return to the states while the whole process is underway is certainly a sticking point. :( Would she be able to visit me in Australia during that time?
 

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..... the I-129 is to sponsor a non immigrant worker - is your 'partner' intending to employ you?

Its the I-129F form
 

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Ah yep, that was slightly different to what I meant but thanks for clearing that up as well.

Sorry for the confusion, I just meant I'm currently in USA under the 90 day visa rule and wondering why my partner has to wait to start the whole K1 process until I return to Australia instead of filing the I-129F Petition while I'm here.

Possibly not being able to return to the states while the whole process is underway is certainly a sticking point. :( Would she be able to visit me in Australia during that time?
You entered the US stating that you have no immigration intent but you are starting K1 immigration intent.

Some visit. Some do not visit.

I do not understand why you are going K1 instead of CR1 as being able to work sounds important to you. While you are in Adjustment of Status to Green Card after your K1 marriage you can leave the US with approved parole.

So much for your research
Petition for a Nonimmigrant Worker | USCIS

Go through the two,options on travel.state.gov which is an official source.
 

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Discussion Starter · #13 ·
So much for your research
No need to be rude, I'm asking for genuine help. I never said I knew everything, that's why I'm here asking for answers from people who know what they are talking about instead of structured points on an official website.

I do not understand why you are going K1 instead of CR1
I didn't know it was a better option, you mentioned it originally as taking the same amount of time. Does it differ in terms of what I can do while waiting for it to be approved?
 

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No need to be rude, I'm asking for genuine help. I never said I knew everything, that's why I'm here asking for answers from people who know what they are talking about instead of structured points on an official website.



I didn't know it was a better option, you mentioned it originally as taking the same amount of time. Does it differ in terms of what I can do while waiting for it to be approved?
Rude? Again - do your homework. I heard, I saw, somebody told me - no matter where immigration is fact based.

See post # 4.
The structured website gives you the details.
 
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