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I'm an aussie married to a US Citizen in Australia. We want to move but have no idea which way to go.

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I'm an Aussie married to a US Citizen in Australia. We want to move but have no idea which way to go about visas?

She needs to be in the US asap (read - 2 weeks) for work as she's been given a great job back in her home on San Francisco and we need to enroll our child into school ready for the new school year in August.

This is where we are stuck. We were married in Australia last year.

I need to be with her to help look after our child (step child by marriage - hers).

I'm getting conflicting information about entering the US on a VWP and then applying for an AOS while i'm there?

The only option is that we file the I-130 here in Aus and i wait... who knows how long till i can be with my family again.

Is there anyone that can shed some light or even steer us in the right direction please?

Thank you

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US immigration does not do asap.

CR1/IR1 takes about a year, or so.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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What you mentioned is yes illegal, like the other said it will take a year roughly, you are still allowed to visit though just not stay and adjust as long as you can prove you will return after the visit you take during the process .

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I'm not looking to do asap, i'm wanting to just be with them while processing.

here in Aust she's on a bridging visa while waiting for her PR, she was previously on a 457 before we got married.

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The K3 is the bridging visa but as timelines have shortened it has effectively died.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Nope, a Cr1 is something you get at the US Consulate in Australia that allows you to immigrate to the US.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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looks like i'm in for a world of hurt coming up.

The hard part is the she cannot give up this job opportunity or it would be career suicide for her.

So waiting here in aust cant happen for her

I read there is an exception in the VWP for spouses entering the US to do an AOS?

Edited by Jussie

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where did you read that?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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There is no exception it is illegal to come on a tourist visa or vwp and adjust status if you have the intent to already immigrate which you do . The harsh reality is like most people you will have to wait it out in your country there is no other option .

Edited by Morganalmonshid94

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From what i'm reading is that if i go with the intent to marry, then yes its a big no no.

But already being legally married, it allows it to happen

Think i might invest in a lawyer

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None of those links apply to you, you are in Australia, they are in the US.

You can use the VWP to marry in the US, many do, Las Vegas baby?

Intent to immigrate is the issue.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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From what i'm reading is that if i go with the intent to marry, then yes its a big no no.

But already being legally married, it allows it to happen

Think i might invest in a lawyer

sorry but you are still wrong, you can come on a tourist visa or vwp and get married actually, nothing wrong with it and is perfectly legal you are missing the fact of the staying after and adjusting situation which is the illegal part . You are married you cannot abuse the vwp or visitors visa by staying, it is to VISIT meaning a temporary stay where you have to return to your home country when they visit is done . It is doing this that allows many people to not get visitors visas .

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