VWP to wife/husband visa

[Bleed 1]

Hi all. I am an Australian citizen, and I met my husband online around 8 years ago. We met for the first time in person only just shy of a month ago and were very much in love and decided to get married in Vegas. My VWP is only valued for another 2 weeks, and I have a return ticket home, however we don't want to be apart. Is it possible to apply for the permanent partner visa (k9 I think? ) or would I have to go back home? The wedding wasn't really planned. Although we had discussed it, it wasn't something that was really thought through until we met in person.

It's really stressing me our to no end. I know that for him to get a visa in Australia, it's a lot more expensive (upwards of $2000) and takes 6-8 months. I don't think I'd handle that very well in all honesty (I have bipolar type 2) ! Any advice is greatly appreciated, and thanks in advance.

[DandT14 272]

I'm a little confused as to what you want to have happen. Are you saying you just want to stay in the U.S.? Or do you want to go back for awhile and take him with you?

If you're staying here, are you prepared for that? That's what happened with my husband, he came for a visit and didn't leave, and we got married. But he literally entered with only 1 suitcase and left all his belongings back in Canada. Are you ok with doing the same?

[Bleed 1]

I am ok with doing the same. I have ties back home, yes, but i don't want to spend months and months apart because we can't afford the plane tickets on top of the costs of visas etc. Things can always be sent for, posted, etc. uni can be taken up here, or in the future of we decided to move to australia in time. What I'm wanting I do is STAY here in the US, and yes all I have is my one backpack with just 3 changes of clothes, but that's nothing that can't be fixed

[DC85 113]

you can adjust your status after you get married,and you will get a green card in 3-4 months. if you leave the country you need to go through the Counselor processing, your husband has to file a petition for you first, and this process is more time consuming . So my advice , if I understood your situation correctly, don't leave the US and try to adjust your status over here, even if it took you time to complete the paperwork , the over stay is forgiven for USC spouse.

Edited May 24, 2012 by myafi1985

[Bleed 1]

That's what I'm worried about - "over staying" my VWP thing. As I said, it runs out in 2 weeks, and I don't want an overstay to affect me being able to return (if we are denied) or something like that. I don't have a lot of experience with the US system, but back home I've had some friends who were in similar situations with the phillipines and such, and if you over stay our visa in Australia under ANY circumstances (except the obvious like the recent volcanoes and such affecting your flight) they will kick you out, visa pending or not. Would I get some kind of temporary visa, so I can work or study? Or just have to twiddle my thumbs and wait tw 3 months or so?

[kzielu 1,144]

File for AoS - no one will kick you out, just realize the fees alone are $1490 + costs of medical. Read guide here http://www.visajourney.com/content/i130guide2

[Bleed 1]

File for AoS - no one will kick you out, just realize the fees alone are $1490 + costs of medical. Read guide here http://www.visajourney.com/content/i130guide2

I'm not sure how we would prove some of the things on that list - for obvious reasons we don't own any property together or have children together. The only way I spose would to have his friends/ parents sign a statutory declaration (affidavit? - unsure on your terms here) about us, but even that's hard to prove since I've only been here a month

[Bleed 1]

Also, I had a full medical before I came here - mostly for work, with an std test thrown in because I knew I was travelling and wasn't in a relationship. Could I just use that? Get the paperwork emailed or posted here? I also had a police check done for my work late last year. I can have them all posted or emailed. As for the price, we don't have that money right now, he works for a temp agency in Georgia and most of our money from the past 4-5 months has gone into organizing a pretty epic holiday for us both. We just kinda decided were in Vegas, in love, why not do what they do in Vegas. How long can we wait to apply, without me going home? Is that the 119 days or something?

Edited May 24, 2012 by Bleed

[DC85 113]

if you gonna over stay . DON'T leave the country only after you received your GC.

You can get a lot of documents, he can add you to his bank accounts , Lease , medical car insurance. that's easy to do

[NigeriaorBust 4,087]

Entering the US on VWP with intent to stay is illegal and will earn you a ban. People will advise you it is fine but they don't have to worry about being banned. The right way is to marry and file and wait the process out. It is alos against the terms of serive here for people to advise you to enter and plan to stay

[DC85 113]

my thoughts to you u need to read in depth about the process, you can find everything on VJ guide.

Edited May 24, 2012 by myafi1985

[Bleed 1]

Entering the US on VWP with intent to stay is illegal and will earn you a ban. People will advise you it is fine but they don't have to worry about being banned. The right way is to marry and file and wait the process out. It is alos against the terms of serive here for people to advise you to enter and plan to stay

I didn't enter with the intention to say, or marry. I entered as a visitor, for a holiday, fully intending to go back to my university studies, my friends and such. Trust me, Australia has a lot better health care, a lot better pay rates and a lot better jobs. If it were possible to get him there, I'd apply for that.

[DC85 113]

Entering the US on VWP with intent to stay is illegal and will earn you a ban. People will advise you it is fine but they don't have to worry about being banned. The right way is to marry and file and wait the process out. It is alos against the terms of serive here for people to advise you to enter and plan to stay

SHE STATED that she had a return ticket , so she has no Intention , Please don't confuse her with the ban thing. since the Law doesn't stop her to do so, why u want her to go through the hard way ??!!!

Only if she came to country and she has a previous decision that she gonna do AOS in the USA, in this case you can warn her.

[Bleed 1]

Sorry, I'm not familiar with what AOS means. But i was fully intending to go back, and haven't cancelled or extended my return ticket, it's still dated 2 weeks from now. But if there's the choice to apply for the partner visa, we will do that. I'm just not wanting to be banned or compromise anything like that. Im far from the type to abandon my responsibilities back home unless necessary. And to me this is something necessary.

[Reyan 56]

The medical has to be done by a civil surgeon.