Visa Waiver Help

[hmh33 117]

It's true that you can't appeal a denial, but a denial is very unlikely. A simple mistake on the forms, missing or incomplete evidence would result in RFE, not denial. If you do get denied and told to leave the country you can still apply for a CR-1 visa abroad. I guess it depends on your attitude... you could also get hit by a bus on your way to the USCIS office.

[Xanax 349]

It's true that you can't appeal a denial, but a denial is very unlikely. A simple mistake on the forms, missing or incomplete evidence would result in RFE, not denial. If you do get denied and told to leave the country you can still apply for a CR-1 visa abroad. I guess it depends on your attitude... you could also get hit by a bus on your way to the USCIS office.

Agreed

[mymarriagejourney 112]

Agreed

Ditto

[nynexla 0]

I'm not sure, that's something I definitely want to look up. I don't want to be banned from coming back to the country if they decide to be ####### and deny my AOS.

In the past when AOSing on the VWP you were not allowed to appeal a denial and could be put in immediate deportation proceedings, is this still true today?

Just throwing it out there as this alone would have been a deal-breaker for my husband and I had we been in the same situation as you.

[caly 48]

As others have said, there is only a very small chance of a denial but it could happen and I wanted to put it out there so you have all the pertinent information before making your decision.

I personally didn't think it was worth the risk. Instead, I used the time while waiting to tie up loose ends and spend as much time as I could with friends and family back home.. but as hmh33 said, it comes down to how you look at it. Do what feels most comfortable for you.

Edited January 4, 2013 by caly

[Xanax 349]

I'm not sure, that's something I definitely want to look up. I don't want to be banned from coming back to the country if they decide to be ####### and deny my AOS.

It's very unlikely that you would get permanently banned. You would have to leave and apply for the cr-1 and possibly apply for a waiver if you overstay your VWP for too long BUT in all honesty, most AOS's go fine. Do what you feel most comfortable with.

[bigdog 376]

Good Luck and congratulations, you will sort it out.

[Boiler 43,391]

Assuming your now husband is not the Father of your child, has the Father OK'd this?

[Darnell 8,478]

What you learn, after studying the Guide on your particular AOS type?

Hey this is the fiancé here,

I'm going to explain our situation properly as my partner hasn't had enough coffee this morning and is having a little trouble

finding the right words.

- I came here with my 5 year old daughter in October to stay with him for three months.

- We have been together everyday since I came here (not a relevant point)

- He proposed to me on Christmas day (The power had gone out in the area so he proposed to me under a working lamp post

while it was snowing. Also not relevant but was very sweet)

- My visa waiver ends in a little under 2 weeks, which I will then have to go home on the 14th January

- He doesn't want me to have to go home to Australia.

So the question is,

Do I go home and wait for a k1 fiancé visa to be approved?

Do we get married and then I go home and apply for a spousal visa? (which I think takes even longer than the fiancé visa)

-OR-

Is there a legitimate way for my daughter and I to stay in the country without any kind of penalties?

I think our question has already been answered but I just wanted to be clear on our situation. My understanding of the visa waiver

was that I could not change the status of this in any way and I would have to go home once the three months was over.

[Deb - Steven 0]

I was informed we could not get married on the VWP. My fiance is from Australia as well. God help them all right now. He is fleeing the fires in Tasmania. Not looking good as far as having a place to go home to. You can be put thru alot more if you get married while on the VWP. A new law will go into affect March 1st this year. Its cutting down the time we are away from our loved ones. With their being a child involved, the father of that child has to give permission as well. So getting married now may make things worse in my perspective. Just my opinion. Believe me, I know the hardships of being away from your loved one. Its been almost 2 yrs since ive seen mine face to face and its hard, esp on the kids. But we are still going strong and going to begin the process of everything very soon. Once the whole fire situation is sorted out. Was looking to see if there was a loop hole as well to that situation. If he has no where to live. Most of Tasmania has been declared catastrophic. Please see the lawyer, would be interesting as to what they say. Good luck and God Bless!

[B & G 200]

I was informed we could not get married on the VWP. My fiance is from Australia as well. God help them all right now. He is fleeing the fires in Tasmania. Not looking good as far as having a place to go home to. You can be put thru alot more if you get married while on the VWP. A new law will go into affect March 1st this year. Its cutting down the time we are away from our loved ones. With their being a child involved, the father of that child has to give permission as well. So getting married now may make things worse in my perspective. Just my opinion. Believe me, I know the hardships of being away from your loved one. Its been almost 2 yrs since ive seen mine face to face and its hard, esp on the kids. But we are still going strong and going to begin the process of everything very soon. Once the whole fire situation is sorted out. Was looking to see if there was a loop hole as well to that situation. If he has no where to live. Most of Tasmania has been declared catastrophic. Please see the lawyer, would be interesting as to what they say. Good luck and God Bless!

Can you reference where you read this? first time I'm hearing about it and its very interesting!

[B & G 200]

Can you reference where you read this? first time I'm hearing about it and its very interesting!

Nevermind! Found it..read it... and alil disappointed by it. Does not shorten the time for those filing overseas at all!

[Tanja08 11]

I was informed we could not get married on the VWP. My fiance is from Australia as well. God help them all right now. He is fleeing the fires in Tasmania. Not looking good as far as having a place to go home to. You can be put thru alot more if you get married while on the VWP. A new law will go into affect March 1st this year. Its cutting down the time we are away from our loved ones. With their being a child involved, the father of that child has to give permission as well. So getting married now may make things worse in my perspective. Just my opinion. Believe me, I know the hardships of being away from your loved one. Its been almost 2 yrs since ive seen mine face to face and its hard, esp on the kids. But we are still going strong and going to begin the process of everything very soon. Once the whole fire situation is sorted out. Was looking to see if there was a loop hole as well to that situation. If he has no where to live. Most of Tasmania has been declared catastrophic. Please see the lawyer, would be interesting as to what they say. Good luck and God Bless!

Why can't you get married on the vwp?

[ValerieA 350]

Nevermind! Found it..read it... and alil disappointed by it. Does not shorten the time for those filing overseas at all!

Can you please post the link? All I've heard of is the waiver for those who have overstayed, after entering without inspection. I haven't heard of anything that would speed up the CR-1 or K-1 processes.

[ValerieA 350]

Sorry, I should have said applies to the CR-1 or K-1 process, specifically. I do know that your post stated it didn't speed them up.