Immigration Law

Immigration law questions? Ask an immigration lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I am an American Citizen who wants to marry an Australian citizen…

Customer Question
I am an American Citizen...
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: 3 years ago.Category: Immigration Law
Show More
Show Less
Ask Your Own Immigration Law Question
Answered in 3 hours by:
6/30/2015
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 3 years ago
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,814
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified
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.
Ask Your Own Immigration Law Question
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 3 years 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!
Ask Your Own Immigration Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an immigration lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Guillermo Senmartin Your Own Question
Guillermo Senmartin
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,814
113,814 Satisfied Customers
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.

Guillermo Senmartin is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

4,009 satisfied customers

Private practice in several areas, including immigration

Wilton A. Person

Wilton A. Person

Immigration Lawyer

3,597 satisfied customers

Knowledgeable and experienced immigration lawyer.

Law Girl

Law Girl

Lawyer

451 satisfied customers

My law firm practices immigration law.

Gintare Grigaite

Gintare Grigaite

Immigration Attorney

186 satisfied customers

Expert Immigration Attorney

TheLeadCounsel

TheLeadCounsel

Immigration Attorney

17 satisfied customers

Immigration and Naturalization

Charlotte E. Viener, Esq.

Charlotte E. Viener, Esq.

Lawyer

12 satisfied customers

Over 10+ years handling all aspects of Immigration Law.

Guillermo Senmartin

Guillermo Senmartin

Immigration Attorney

113,814 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

< Previous | Next >

Related Immigration Law Questions
My daughters baby was born in Australia. She is an American
My daughters baby was born in Australia. She is an American citizen lived here all her life. She moved back home with her son who has an Australian passport and Australian birth certificate. She did n… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
1.Im a American citizen living in Mexico with my Mexican girlfriend
1.Im a American citizen living in Mexico with my Mexican girlfriend 2.We have a son born in Mexico but I went thru the process with the embassy and he is a American citizen with a American passport 3.… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
113,814 satisfied customers
if a canadian citizen marries a american citizen, how long
if a canadian citizen marries a american citizen, how long does it take for the green card? what if the canadian has a small criminal record? Possession charge (1990) - $500 fine paid (1991). As it wa… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
113,814 satisfied customers
Here is my question. Pregnant mother is Australian citizen
Here is my question. Pregnant mother is Australian citizen and also US citizen. Father is Australian citizen. Mother wants to move marry a US citizen and live in the USA. What the father's rights in c… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
Me & my overseas boyfriend are planning to wed in USA. what
Me & my overseas boyfriend are planning to wed in USA. what are the citizenship options available to us if I am a American citizen and he is residing in India and applying for Australian citizenship? … read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
I am an American citizen living in a Ustralian the last thirteen
I am an American citizen living in a Ustralian the last thirteen years. I am married to an Australian. We are retired and we wish to immigrate to the states. We have already applied for a green card. … read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
Im an american citizen and got married in Sey Chells to a
I'm an american citizen and got married in Sey Chells to a woman who is Lithuanian. She does not want to become an american citizen do I need to file any thing in the USA that I'm married ? If we deci… read more
Wilton A. Person
Wilton A. Person
Immigration Lawyer
Juris Doctorate
3,597 satisfied customers
Hello, my name isXXXXX am German living in Germany. I
Hello, my name isXXXXX am German living in Germany. I am the biological father of a baby that will be born on May 3rd 2012. The biological mother is German and American citizen (2 passports), who live… read more
Expert James
Expert James
Doctoral Degree
12,463 satisfied customers
I am 27 years old and was born in Canada (Canadian citizen)
I am 27 years old and was born in Canada (Canadian citizen) to a Canadian father (Canadian citizen) and American mother (American citizen). My mom was born in the US, and lived there until she was 20 … read more
Wilton A. Person
Wilton A. Person
Immigration Lawyer
Juris Doctorate
3,597 satisfied customers
Margaret – Daughter of a WWII American serviceman (married)
Margaret – Daughter of a WWII American serviceman (married) and a British citizen. He never knew/acknowledged Margaret. Margaret married George and had 2 children—Jack and Jill who were raised in Engl… read more
Wilton A. Person
Wilton A. Person
Immigration Lawyer
Juris Doctorate
3,597 satisfied customers
Im an Natural Born American citizen living and working overseas.
I'm an Natural Born American citizen living and working overseas. I have two minor children with US passport living with Thier Mother who is not an American citizen, They reside in Ethiopia, the Mothe… read more
Wilton A. Person
Wilton A. Person
Immigration Lawyer
Juris Doctorate
3,597 satisfied customers
My boyfriend is American and holds only an American passport.
My boyfriend is American and holds only an American passport. I have both an Australian and British passport (not American). We have a daughter together who was born in the UK last September. She hold… read more
Georgetown Lawyer
Georgetown Lawyer
Principal Attorney
Post-Doctoral Degree
11,193 satisfied customers
I am in deportation and on NTA I have Sections 237 (1)
I am in deportation and on NTA I have Sections 237 (1) (B) and 237 (1) (C) (i) that I breached. I am married to an American citizen for three years whom I have been in de facto relationship since Augu… read more
Georgetown Lawyer
Georgetown Lawyer
Principal Attorney
Post-Doctoral Degree
11,193 satisfied customers
Dear Sir, I am an Egyptian Petroleum Engineer, having Egyptian
Dear Sir, I am an Egyptian Petroleum Engineer, having Egyptian Passport & Currently Resident in Kuwaitsince 3 years & working in Kuwait with my wife & Kids.. 2 years ago I was Married to my First wife… read more
Georgetown Lawyer
Georgetown Lawyer
Principal Attorney
Post-Doctoral Degree
11,193 satisfied customers
My boyfriend was born overseas to an American parent. He is
My boyfriend was born overseas to an American parent. He is now 54 years old and in the USA. He's applied for his USA passport and given the supporting documents. He wants to know if he can apply for … read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
I am a Canadian citizen. My sister is married to an American
'I am a Canadian citizen. My sister is married to an American citizen & they live in Florida (where I am presently visiing). My sister is a legal permanent resident of USA. I would like to move to Flo… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
113,814 satisfied customers
Hello, I have an american boyfriend and we are planning on
Hello, I have an american boyfriend and we are planning on getting married ( I am Australian). I want to go back to the USA and continue working for his company (as I am presently doing without paymen… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
113,814 satisfied customers
I am a uk citizen and my husband and 3 children are australian
I am a uk citizen and my husband and 3 children are australian citizens - we currently live in australia. We would like to immigrate to the USA. I have a sister and her family who live there. My husba… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
113,814 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x