o0o_rachel_o0o

Hi Everyone,

This is my first post here - I am just new to all the immigration jargon so please forgive me!

I am DESPERATELY seeking some advice, so THANKS in advance!

Firstly, I am an Australian & my fiance American. I am with him in California at the moment on a Visa Waiver.

My flight is due to leave tomorrow (sniff sniff) but I am going to see if I can change it or cancel it and stay the rest of my 90 days (I've been here just short of 3 weeks).

We were under the seemingly misguided impression that a fiance visa is a relatively quick and painless process - having said that, we still thought we would hire an immigration attorney to complete it for us.

When ringing for advice & quotes yesterday I was advised that in California there is currently an 8 month delay processing fiance visas!!

We had never entertained the possibility of a K-3, because we didn't think we could get married on a visa waiver ... we now understand that we can, but I have to go home and then come back -- but the delay with a K-3 is only 5 months!!

Getting married in Australia is not a possibility due to his work commitments etc (bugger! cause that is only a 2 month wait!)

I guess I have dribbled a bit too much - so will get to the point...

Although the K-1 is taking an extra 3 months, is it less hassle than processing a K-3?

Is there anyway to process a K-1 or K-3 quicker? Can anyone offer any advice on either/both?

Also, any recommendations for a good immigration lawyer in California? Competively priced?

Thanks for your time!!

Regards,

Rachel

tanaats

FWIW see: http://www.visajourney.com/forums/index.php?pg=compare . Read it all.

In particular, do research on Direct Consular Filing (DCF) in Sydney. I don't think he has to be there very long, you can do the grunt work there. Check it out anyway. It's supposed to be the nicest way in the world to get someone a spouse greencard.

You can get a *consultation* with an immigration lawyer without going bankrupt. Maybe $100 USD.

See also "Sponsoring a Fiance or Spouse for a Green Card" http://tinyurl.com/34m9q (same as http://www.nolo.com/lawcenter/ency/a...B7AEE732ECA9AB) . Note that it's illegal to enter the US as a tourist with the pre-formed intention to marry. It's considered "visa fraud". But it's ok to form the decision to marry *after* entry. If you entered as a tourist, you may want to consult with an experienced immigration lawyer.

And while I haven't read it I would have gotten this book if I'd known about it in time, since Nolo Press has a good reputation in the legal self-help field: "Fiance & Marriage Visas: A Couple's Guide to U.S. Immigration" http://tinyurl.com/37ppc (same as http://www.nolo.com/lawstore/product...24281B1AB24AB9

As far as I know, there's no way to speed up a K visa, or everyone would be doing it and then they wouldn't be speeded up anymore.

Personally, I would change or cancel your flight, then get a consultation with experienced immigration lawyer before you do another thing.

Congrats on your engagement! Be patient, don't take make any sudden moves without understanding US immigration law which will bite you in the butt when you least expect it otherwise.

Joe


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Caveat Reador: I am just another CIS supplicant and immigration amateur. You're on your own. My advice may be worth even less than what I charge for it, so verify it with other sources (such as a real lawyer <http://www.aila.org/> ) to your own satisfaction before acting on it.

"You can't argue with belief." -- Unknown

Mrtravelkay

o0o_rachel_o0o wrote:

    > Getting
    > married in Australia is not a possibility due to his work commitments
    > etc (bugger! cause that is only a 2 month wait!)
    >

Once the I-130 is filed, he doesn't have to remain in Australia.