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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105582
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I am an American Citizen who wants to marry an Australian citizen

Customer Question

I am an American Citizen who wants to marry an Australian citizen and have her live in the USA with me. What are my options?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. If she is outside of the U.S., there are essentially three ways to bring her and none are really fast, unfortunately: 1) The K-1 fiancee visa takes 6 to 9 months, but you must have met before at least once during the last two years in order to process it. The I-129F will cost $340 plus a $350 fee for the visa processing fee. After she enters the U.S., then you have to marry and then you have to pay $1070 for the I-485 and she will have to wait about 5 to 7 months and gets another interview that you attend with your new spouse so that she can get Residency. 2) The K-3 spouse visa takes 6 to 9 months, you must be married. The I-129F will cost $340 plus $420 for the I-130, and $350 for the visa processing fee. Then after she enters the U.S., she must still file the I-485 for $1070 and wait for the marriage interview about 5 to 7 months later. 3) The CR-1 visa (or IR-1 if your marriage is more than 2 years old) takes about 1 year or so. You must be married. The fees are $420 for the I-130, $330 for the visa processing fee, $88 for an Affidavit of Support fee. But once she enters the U.S., she enters as a Resident and she does not have to file (or pay for) an I-485 nor does she have to attend an additional interview. She just gets her green card in the mail a few weeks later. So the K-1 and K-3 are faster but generally more expensive. The CR-1 (and IR-1) are slower, but generally cheaper. And no, there is no middle-visa that she can use to enter the U.S. while that process is pending. She will most likely have to wait outside.Here is a link to all three:http://travel.state.gov/content/visas/english/immigrate/types/family/fiance.html and another link:http://www.uscis.gov/sites/default/files/USCIS/Resources/Resources%20for%20Congress/Congressional%20Reports/I-129F%20Petition%20for%20Alien%20Fiance%28e%29.pdfI know you do not want to wait. I know it is very inconvenient. I know you want to be together sooner rather than later, but I have this same conversation two or three times per day on this website. No one ever likes it and believe me, if there was an easier or faster way, I would tell you. I know you will probably say, “but what about this...?” or “but what about that...?” But I will most likely continue to have bad news for you. I am truly sorry. The problem is that the U.S. concerns over security and fraud in this area are more important than a 6 to 9 months inconvenience to you. The way they see it is that if it truly is a real relationship, it will survive that length of time apart. Again, I am truly sorry. I wish I had a faster and easier way to tell you about. If she is already inside of the U.S. and has been in more than 60 days, then you can marry her and file the following forms: I-130 (Petition for family member), I-485 (application for Lawful Permanent Residency), I-765 (Application for work permit), I-131 (Application for Advance Parole), G-325a (Biographic data - one for each of you), I-693 (Medical exam that a certified doctor must fill out), and I-864 (Affidavit of support). You will need to file each form with supporting evidence and appropriate filing fees. You can find these forms at www.uscis.gov/forms. The supporting evidence that you would file would be birth certificates, marriage certificate, divorce certificates if either of you have been married previously, proof of your U.S. Citizenship, proof of your spouse's legal entry into the U.S., and financial documents to prove your income over the last year at least. In about 3 to 5 months after filing, she should get a work permit and Advance Parole. About 5 to 7 months after filing you should get a marriage interview (though now it is taking longer, so maybe closer to 7 to 9 months). If all goes well, a few weeks later she should get a Residency status (green card). My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

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