K1 Visa Questions

[IcePanthress]

My best friend/fiance lives in Australia. He is currently pending a divorce. In Australia you must be officially seperated for 12 months. He will not be able to file paperwork until October 29th. We want to be together as quickly as possible, but I'm not sure what we can do.

1. Does his divorce have to be complete before I can file a K1 application, or can his divorce be filed?

2. Is there any way for him to come here to be with us, myself and my kids until he can receive his K1 Visa.

I am spending a lot of money in Australia that I wish I could be spending in the US instead.

Thank you for your help.

 

[IcePanthress]

3. Can he come here on holiday, we get married and he go back. Once he is back we apply for visa

4. Is it easier for me to go there and get married?

 

[BigJoe5]

My best friend/fiance lives in Australia. He is currently pending a divorce. In Australia you must be officially seperated for 12 months. He will not be able to file paperwork until October 29th. We want to be together as quickly as possible, but I'm not sure what we can do.

1. Does his divorce have to be complete before I can file a K1 application, or can his divorce be filed? MUST BE FINAL FIRST.

2. Is there any way for him to come here to be with us, myself and my kids until he can receive his K1 Visa. NO

I am spending a lot of money in Australia that I wish I could be spending in the US instead.
.
Thank you for your help.

.

 

[BigJoe5]

3. Can he come here on holiday, we get married and he go back. Once he is back we apply for visaDOUBTFUL

4. Is it easier for me to go there and get married? YES

.

 

[elcupacabras]

My best friend/fiance lives in Australia. He is currently pending a divorce. In Australia you must be officially seperated for 12 months. He will not be able to file paperwork until October 29th. We want to be together as quickly as possible, but I'm not sure what we can do.

1. Does his divorce have to be complete before I can file a K1 application, or can his divorce be filed?

Absolutely. You will need a copy of the divorce decree to submit with your K1 petition. If the divorce is not finalized before you submit the petition, then the petition will be denied and you will have to start all over again.

2. Is there any way for him to come here to be with us, myself and my kids until he can receive his K1 Visa.

While a K1/CR1 visa is pending (once he is divorced), then he can attempt to visit you using the VWP (provided he is eligible to use it). Many people with fiance/spouse petitions pending successfully visit their loved ones during the process. However, VWP only allows for visits for up to 90 days, before which he must leave the US. Back to back usage of the VWP should be avoided as this is viewed as VWP abuse and will probably end up with a denial of entry- as can any entry on the VWP (even a first entry attempt).

3. Can he come here on holiday, we get married and he go back. Once he is back we apply for visa

Of course- provided he is free to marry (divorce approved) then he can totally come over the US to marry if he is eligible to use VWP (and if he is granted entry at POE)- just so long as he leaves the US before his granted entry time expires.

4. Is it easier for me to go there and get married?

Are you in the US? If so, then it's no more beneficial for you to go to Australia to get married than for him to come to the US and marry- so long as you are both admissible to each other's countries and are both free to marry, and then leave before your granted entry time expires (so which ever is the easiest option for you)- Married is married so long as it is official-but remember, you need that divorce finalized first.