American marrying an Australian - how do we do this?

[Ameristralia 1]

So, first of all, hello.

I am a natural born American citizen from Florida. My best friend in the world, and the woman I plan to marry, is Australian. I have a friend who married a Brazillian woman who came here on the waiver program and they filed for status adjustment - but I hear that's a sketchy way to go about things.

What is the easiest way to do this? She is planning on visiting on the waiver, but then going back to Australia for a few weeks for some family affairs as well. We are already (informally) engaged, the ring just hasn't been handed over since, well, she's in Australia.

The different types of visas are insane. I've known her for five years and want to spend the rest of them with her. How do we do it without breaking the law?

Thanks for the help!

[aleful 1,905]

hi

you will file the i130 for CR1 spousal visa, which takes a year

or instead of getting married and then file

you can file the k1 fiancé visa to marry in the US

[markandrizzatyler 14]

Have the two of you met in person yet?

[Ameristralia 1]

Have the two of you met in person yet?

Not yet. That was another benefit to doing the waiver visit.

[JFH 12,189]

Either way you have to meet in person first. If you are going to file a K-1 then make sure you document that meeting well. Photos, plane tickets, passport stamps, hotel receipts, etc.

[Ameristralia 1]

She will stay with me for the whole 90 days. I know that adjusting on the waiver isn't the route to take, that's why it's not on the table.

[JFH 12,189]

The whole 90 days is risky. Is she a student or retired? The CBP officer is going to wonder how someone can afford to be away from work for so long. She will also need travel insurance for that duration - even for a healthy person that's costly.

Although the VWP allows up to 90 days, she may be given less than that at the POE. I have on one occasion only been given a month. The discretion is always in the hands of the CBP officer and 90 days with a boyfriend in the country...not a good start.

[Ameristralia 1]

No, not a student. She's got holiday time w/paid leave. If they give her less, that's fine too. I didn't know that - that's interesting.

[mallafri76 1,012]

You haven't met in person yet. Why not take the upcoming visit as a time to get to know each other in person, then do a second visit (either she to the US again or you to her in Australia) and on that visit you do the engagement or wedding, depending on which visa route you want to take?! Australia is an easy embassy to go through but still, getting engaged or married on the first visit can be seen as sketchy. And you've been building your relationship for five years, don't stumble on the finish line, when you're so close to being together.

[Ameristralia 1]

Totally valid. We've known each other for five years. We're just trying to figure out the easiest way to navigate the confusion and not get her deported.

[NuZayetsPogodi 117]

You haven't met in person yet. Why not take the upcoming visit as a time to get to know each other in person, then do a second visit (either she to the US again or you to her in Australia) and on that visit you do the engagement or wedding, depending on which visa route you want to take?! Australia is an easy embassy to go through but still, getting engaged or married on the first visit can be seen as sketchy. And you've been building your relationship for five years, don't stumble on the finish line, when you're so close to being together.

I don't know where you got your info from. Many people get engaged on their first visit and have no problems with K-1.

[yuna628 9,528]

Hi there,

Two things: Since you haven't met yet, then meeting is a good idea.. since you're planning on doing that I would recommend not staying a full 90 days. Give herself some wiggle room by a few weeks. If she is a single female and this is her first time visiting you, be prepared for questions that may arise and answer truthfully. The requirement for a K1 is that you must meet, so make your trip about getting to know one another and an evidence gathering mission, by taking a lot of photos, going to places and having receipts to prove it, take photos showing yourselves doing those things together. Photos will be secondary evidence, but if you can back it up with concrete proof, it's helpful. If her living with you is really what you want, then you could also take the opportunity to have her fill out some of the documents she's going to need to, while she's with you.

Or you could do two visits, you visiting her, and she visiting you - that way you could have more evidence of a relationship and visiting her family maybe even. The requirement for a K1 is simply that you have met, within two years of filing, and doesn't specify how many visits there should be. The factor is if the relationship is genuine and you have evidence. When you both are ready you can file a K1. It can take up to 6 months, but on the safe side plan for around 8 months (a spousal visa will take longer). It can be shorter than this, but that's always a gamble. K1 is a two fold process, of waiting for the USCIS to get done with the paperwork, and then a somewhat smoother transition of a medical and embassy interview. You should not make any wedding plans until the visa is in hand. Once she has the visa she will have 6 months from the date of her medical appointment to enter the US, and 90 days to marry at entry. Once married, you must adjust status as soon as you are able. You can file for a travel and work document for her at the same time (this will arrive within about 90 days of filing, while waiting for the green card).

K1 process is straightforward to complete, so long as you are both involved, read carefully all instructions, and are willing to wait a while. The only other additional factor to worry about is the financial requirements, which you, the sponsor (or jointly with a co-sponsor) must meet. This is usually the important factor.

[Ameristralia 1]

That makes sense.

The plan as of now is for her to visit in March. Her parents will also be in the US at this time. They are seasoned travelers who globetrot in their retirement. So this is pretty much strict fact finding for now.

I appreciate everyone's input.

[llaz 232]

I previously met my ex fiancee only once, I stayed for less than 90 days in his home country and we had no issues with the K1 visa. We knew each other for two years, sent photos, chats before and after visiting, passport stamps, flight tickets, etc.

My fiancee now has been to the US on VWP twice both for almost all of the 90 days, the first time they asked what he was doing he said visiting a friend (which was true at the time) and they let him pass, the second time they pushed a little harder with the questions but let him pass for the 90 days. I have never heard of anyone receiving less than 90 days for the VWP. Make sure she has a flight back and that paperwork on hand so she can show the officer that she has the flight back, it may be helpful also for you to write up an invitation letter (you can google that and there are a ton of samples, pick one, sign and send, doesn't have to be original), also since you said she is working it may also be helpful that she has a signed letter from her employer on their letterhead explaining her vacation time and when they have agreed that she will be coming back to work.

Edited July 23, 2016 by llaz

[subwayguy 100]

So, first of all, hello.

I am a natural born American citizen from Florida. My best friend in the world, and the woman I plan to marry, is Australian. I have a friend who married a Brazillian woman who came here on the waiver program and they filed for status adjustment - but I hear that's a sketchy way to go about things.

What is the easiest way to do this? She is planning on visiting on the waiver, but then going back to Australia for a few weeks for some family affairs as well. We are already (informally) engaged, the ring just hasn't been handed over since, well, she's in Australia.

The different types of visas are insane. I've known her for five years and want to spend the rest of them with her. How do we do it without breaking the law?

Thanks for the help!

Your friend who married a Brazilian woman, who can't possibly came on VWP, since Brazil has never been a WVP country.

Why rush to get married if you can first meet in person and then go from there?