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  • Need opinion on best route to take

    Hi folks,

    I have recently become happily engaged to my Australian fiancee. The situation I am in seemed straightforward until I started researching more about the K1 Visa.

    Here is the scenario.

    We will have the church wedding/reception in Australia in early 2008 but want to get married on paper in the US in early 2007 since she will eventually be with me here. The K1 Visa seemed like the best option. Here is the problem though; the Advance Parole requirement.

    I planned on getting the K1 Visa processed by early 2007 and then having her fly over here to get married. The problem is that she would only be here for a few weeks. I am aware that she needs to apply for AOS shortly after and also the Advance Parole so she can leave and re-enter. I don't know how she would be able to get the AP done quickly enough.

    Has anyone run into this situation? Would it be better for me to marry her in Australia (late 2006) and then petition her over as an Alien Relative during 2007?

    I am also worried at the notes stating that having an Advanced Parole may still give her issues in Immigration back to the US. Maybe it isn't as tough with her coming from Australia but it still bothers me a little.

    Thanks for any suggestions.
    -Alex

  • #2
    Originally posted by adedios
    Hi folks,

    I have recently become happily engaged to my Australian fiancee. The situation I am in seemed straightforward until I started researching more about the K1 Visa.

    Here is the scenario.

    We will have the church wedding/reception in Australia in early 2008 but want to get married on paper in the US in early 2007 since she will eventually be with me here. The K1 Visa seemed like the best option. Here is the problem though; the Advance Parole requirement.

    I planned on getting the K1 Visa processed by early 2007 and then having her fly over here to get married. The problem is that she would only be here for a few weeks. I am aware that she needs to apply for AOS shortly after and also the Advance Parole so she can leave and re-enter. I don't know how she would be able to get the AP done quickly enough.

    Has anyone run into this situation? Would it be better for me to marry her in Australia (late 2006) and then petition her over as an Alien Relative during 2007?

    I am also worried at the notes stating that having an Advanced Parole may still give her issues in Immigration back to the US. Maybe it isn't as tough with her coming from Australia but it still bothers me a little.

    Thanks for any suggestions.
    -Alex
    Talk to an immigration lawyer about it...a good one!! You can sometimes get consultations for free.
    Its better to be safe then sorry right?

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