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Hey Folks,

Simple story: I am a US citizen and she is a beautiful Aussie, both in our early-to-mid 30s and extremely lucky. I was living in Australia for 3 years, and a few months before I moved back to the States, we met and fell crazy in love.

There is no doubt we want to spend the rest of our lives together and we now need to to get clarification on our best options. After doing our own research, we have concluded that the K-1 (and possibly the CR-1) is the quickest and most realistic way to go.

Here is what we are thinking/want to do:

1) She will come to visit from Australia on April 6 - 18, 2012 (less than a month).

2) We are planning to but the start of the the K-1 while she is in the States or just after she leaves.

3) She plans to go home and continue to work, but she will either break or sublet her lease and move in with a friend to save money, but she also still has a permanent address. She will still have a job and all the proof to show she will be going back to Oz, including a return flight.

4) BIG QUESTION: she wants to come for a visit whilst the K-1 is in process. She will NOT be moving to America, obviously, but she wants to stay as long as she can under the VWP (B-2) visa. Plus, she'll need to be home to through the process (fill out the K-1) and/or wait until after she submits it and then comes back for the Consulate interview.

5) What is the average timeline for this process, and then how long does it take for her to get a Green Card after we are married?

Many thanks in advance for your help and ideas!

MPG
 

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You are talking about two different scenarios. Which one you choose depends on you and your circumstances.
Marriage and Green Card are not related items. K1/CR1 application approval determins receipt of Green Card and then SS#. Timeframes really vary. Clean background, perfect documentation, financially sound US sponsor those are things which can have an impact on processing time. Recently I heard numbers from six to nine months which is not bad for CR1.
She can enter/exit the US during CR1 processing; I would not while K1 is in processing mode.
 

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You are talking about two different scenarios. Which one you choose depends on you and your circumstances.
Marriage and Green Card are not related items. K1/CR1 application approval determins receipt of Green Card and then SS#. Timeframes really vary. Clean background, perfect documentation, financially sound US sponsor those are things which can have an impact on processing time. Recently I heard numbers from six to nine months which is not bad for CR1.
She can enter/exit the US during CR1 processing; I would not while K1 is in processing mode.

Just wanted to know, why is it that you advise not entering and exiting the US while K1 is processing... My USC fiance and me (UKC, female) are about to start the K1 process and as it will take many months, of course I would strongly desire to visit him in the states during this time, especially as we are planning to live there as soon as we marry. Is your advice more just "to be on the safe side" or is it really likely to jeopardize the whole application if I visit him while the K1 is still processing and we are waiting for interviews etc? Thanks.
 

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You've reactivated a somewhat elderly thread (i.e. from 2012). Things are changing - especially with regard to K-1 visas, since that's the visa category that figured in the most recent terrorist event in the US.

The "problem" with visiting in the US while you have a K-1 in process is that the official checking you on entry will have access to your visa application. That does appear to give you every motivation in the world to simply stay on rather than going back home - especially if, for example, you were to get word that your application had been accepted while you were on your "visit." And the Immigration agents are able to act on their "instincts" and deny you entry to the US if they have any indication you might not stick strictly to the rules.

Besides that, there are simply the current rumblings that they are looking to "tighten up" the processing of the fiancé visa. What that means is anyone's guess. But probably better to play it safe (and strictly by the book) rather than to jeopardize your visa application.
Cheers,
Bev
 
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