Hello All!

I just got engaged to a beautiful Aussie, whom I've been dating in the US for a bit over a year. She is now in Canada working (her J1 visa ran out). We would like to get married in late June and know that there isn't time to process a K1. Our plan is for her to come back in to the US for a month or so before the wedding - us get married and then begin the K3/IR1 process. My question - after we get married and file the I-130, is she still held to the same 90 day restrictions on the Visa Waiver Program? Has anyone been in a similar situation and might have any advice?

Thanks so much in advance for your help - this site has already been way more help getting us started than any lawyer I've talked to!!

Dan

Yes she would have to leave the US by the date on her I-94.... I would be very careful because if the CBP officer hears that she is coming into the US to get married then unless she can show strong ties to her home country they may well deny her at POE... you might be better to get married in Canada and then file for your K3 and she return to her home country to wait for approval....

Kez

Dan, come join us on the Land Downunder thread. Everyone on there is either from Australia, married, or getting married to an Aussie, or vice versa.

Will do - Thanks!!

dan