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Galfromoz

Australian wanting to marry US citizen

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I am an Australian citizen currently in the US on the visa waiver program.

I have spent time in the US (on the VWP) over the last 8 months

2 weeks May 2010 (2 weeks back in Aus)

90 days June-Sep2010 (2 months back in Aus)

Dec – now (due to leave in a week)

I was told at the border on the way in this visit that I must spent a long time back in Australia before returning to the US as it appears I’m living here.

Here’s the situation:

I am planning to marry a US citizen, but we are both settling our divorces which may take up to 6 months.

We have spoken to immigration lawyers who have told us the easiest thing to do is for me to go back to Australia and try applying for a tourist visa (which could be denied considering I have told the border immigration I’m here to spend time with my boyfriend). We can’t apply for a fiancé visa until we are both legally able to marry.

We are wondering if anyone has been in this situation and has overstayed the vwp expiry but still managed to have their status changed once you were married.

I know they are getting stricter with this so I’d love to hear from anyone who has gone through this recently.

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Honestly I would go home and file a K-1, or get married, fly home, file a cr-1. Save yourself the hassle and worry of adjusting from the VWP, espesically with all the problems people are having with adjusting from them currently.

I know being away from your oher half is hard, but we all had to do it and it will be less worry some this way. Good luck

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Don't overstay the VWP and try to adjust. Some places are automatically denying VWP-overstay AOS's, and others may follow suit. You'd really be committing immigration suicide. Some have already overstayed and have no choice, but you are still here legally and can leave when your time is up.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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I am an Australian citizen currently in the US on the visa waiver program.

I have spent time in the US (on the VWP) over the last 8 months

2 weeks May 2010 (2 weeks back in Aus)

90 days June-Sep2010 (2 months back in Aus)

Dec – now (due to leave in a week)

I was told at the border on the way in this visit that I must spent a long time back in Australia before returning to the US as it appears I'm living here.

Here's the situation:

I am planning to marry a US citizen, but we are both settling our divorces which may take up to 6 months.

We have spoken to immigration lawyers who have told us the easiest thing to do is for me to go back to Australia and try applying for a tourist visa (which could be denied considering I have told the border immigration I'm here to spend time with my boyfriend). We can't apply for a fiancé visa until we are both legally able to marry.

We are wondering if anyone has been in this situation and has overstayed the vwp expiry but still managed to have their status changed once you were married.

I know they are getting stricter with this so I'd love to hear from anyone who has gone through this recently.

How long have you been separated for? If it is 12 months you can file for divorce and it can be final with in 2 months if you know the date you separated even if you lived under the same roof but lived separate lives you can still backdate your separation and then it can be final quickly.

I would not suggest you stay and file AOS on a VWP :no: as it could get real nasty for you as said, also get married go home and he file a CR1 when you are both divorced. YOU will not get a B2 visa as I know so you either wait till divorce and file 129f or get married and file CR1 both are going to take about the same amount of time. ALthough if you have no issues or kids and it is fairly straight forward application then you could be approved with in 3-4 months. We were approved in 3 months last year and my hubbie had 3 divorces behind him and me only 1 but we had no kids involved as mine are grown and his too bar a set of twins but they live with their mother so it was a fairly easy case. But you never know what can hold you up with USCIS. like they lost one of his divorce decrees and only told me at interview so we had to express post it to them from the states so it put me being back here in US 2 weeks. I got home a week before my wedding. And like everyone here there is yahoo and skype and msn or magic jack or he can get Vonage and call your land line for 30 a month for free whenever he wants to. I know the time apart id hard but it is so worth it in the end.


Divorced !st November 2012.

Married only 2 years 1 month

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Let me be brief.

They won't give you a B2. Why not? Because you don't need one. That's what the VWP is for. You want to stay longer than 90 days? Why? Because you have a fiance in the US whom you want to marry? That's why you won't get one. You tell 'em something else? Okay, then you get one but won't be able to do AOS because of material misrepresentation. Even worse as that would end your American dream for good.

That aside, the issues you have with CBP are the same, whether you arrive via VWP or a B2. If they don't like you spending so much time in the US, they give you hell.

All you can do is spend more time down under, then return and get married in the US. Then you return again and go the CR-1 route. Once approved, you'll enter the US as a lawful permanent resident, which is a Green Card holder.


There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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