Move to to the usa on cr1 visa or k3

Question

I was born in australia but lived a good part of my life in the usa. I just got married in australia to my long time girlfriend who is american citizen and we wish to begin the immigration process. We are both only 18 and have only been married for 6 months.

Which is the best way to do it through k3 or cr1

We both want to stay here in australia while the application is being process and go through all the paper work here in the US embassy. is this possible

HERE IS WHERE IT GETS CONFUSING

I stayed in the usa for over 7 years, at that time i was a minor and i heard unlawful presence does not count if your a minor. Even though it doesn't affect minors can this affect my case in any way.

When we were living in the usa my mom got married and applied for a green card but she never finished the process instead she got a divorced and moved back with me to australia. I was included in all of the paper work so when they ask if i have already applied for a green card what should i say. That happen about a year ago. Will this also affect my case

THANKS FOR ALL THE HELP

Answer 1

Well, if your wife is legally living in Australia, she should be able to file a CR-1 immigrant visa petition directly through the US embassy. If not,she'll have to file the petition in the US. So, you'll have to go talk to them and see if they'll allow it, but it sounds like it shoul.d be possible. If so, it won't take all that long to process as it will be much faster than doing in in the US. You won't be able to file the K3 in Australia and you're much better off going on the CR1 anyway. It doesn't sound like you'll have a problem with the overstay in the US as a child, at least if you left the US within 6 months after you turned 18. If you were there illegally for at least 6 months after your 18th birthday, you're ineligible for a visa for 3 years, but you would be able to apply for a waiver through USCIS.. As for what to tell them, tell them the truth and let them figure it all out. Not telling the truth is more likely to cause you serious problems than telling the truth. .  

Answer 2

The cheapest, least complicated way for you to immigrate to the U.S. would be through an immigrant visa application at the U.S. visa office closest to your home. Everything starts with an I-130 submitted by your long-time girlfriend after you're married.

If you wanted to get a K-3, that would shift all the paperwork to an office in the U.S., and that's much more expensive and complicated.

Keep it simple. Tell the truth. Don't worry about your previous unlawful stay in the U.S. if you left before you were 18.  

Answer 3

You will need an immigration lawyer given this complicated situation. Unless you can determine your permanent residency ("green card") application was withdrawn, it might have actually been processed. You mention you were included in the paperwork and "That happen about a year ago." You would definitely want to admit this in your application for permanent residency. In any case, as an Australian married to a US citizen, you are entitled to an immigrant visa unless the circumstances of your stay in the US involved an illegal overstay. Read more about the process at uscis.gov .