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Filed: P-1 Visa Country: Australia
Timeline
Posted

Hey everyone.

first time poster here, name is mark.

i am an australian and I play drums in a metal band. we've been touring the states recently on a P1 visa.

we also toured there the majority of last year also on P1 visa.

here is where i need help:

im on tour at the moment with a valid P1. I met a beautiful american girl last year in my travels, and after getting really close we started dating. she even came back to australia with me for 3 months which was awesome. in australia i actually popped her the question and she said yes, although we wanted to wait for quite a while to get hitched due to my lack of income (musician remember?) over the past month though ive been spending a lot of time with her here and although we had no intention to marry when i came over, lately we've been talking about doing it.

the band has some significant time off in the next few months and so they are returning to australia, what i was wondering is:

is there any process i go through to be able to stay here with my girl whilst the band returns to australia (as our P1's will expire)?

am i able to change my non-immigrant visa status from my P1 to say a K1? or something else that would allow me to stay and start the process of being her husband lawfully in the states?

if we do decide to get married in america before the P1 expires, would i be allowed to begin the adjustment of status process?

just before any replies come in i wanted to state: we had no intention of marrying before i came over, since being here however we have decided that we would like to and want to do whatever is possible for me to be able to stay with her lawfully in the U.S, and also apply for a job eventually, i mean i cant be a metal drum forever... haha

any help would be greatly appreciated.

Metalmark

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

You can marry in the US. If she is a US citizen, then you can apply for adjustment of status after you're married.

The K1 would not be a practical solution for you. It would require you to return to Australia before your current P1 expired and wait for a visa interview, after which you'd return to the US and have to get married within 90 days of your arrival before you could apply for adjustment of status.

USCIS may investigate your intent, depending on how long you've been in the US when you marry. Unless they find evidence you intended to adjust status when you entered the US, and further find evidence you intentionally misrepresented your intentions when you applied for the visa or when you entered the US, then the adjustment of status won't be denied for this reason.

After you get married, call this guy and give his number to the band. I think he'd like to quit his current gig and join a metal band. :devil:

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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