Here on Visitor V. Now Fallen in love

[Pallaton 0]

Hey guys,

November of 2014, I came to the states to visit for 2 months on a Visa waiver from Australia.

Now while I was here, I met a girl and we continued to talk over January and I came back to do some more touring around with her and her family on a five year visitor visa. I have fallen in love with her and intend on proposing within the next two months. I was obviously stamped in until August 7. I intend to go back to Australia for 10 days to see my dying grandfather, and taking her with me, before returning to continue touring. So this leaves approximately a week where I can't be in the country. Home base is in Detroit.

When I applied for the visa at the consulate, the gentleman said to go over to canada for a weekend and come back to get stamped back in. Now while I am at it, I will most likely be engaged by August 7th.. if everything goes according to plan. I would definitley live over here and I have been offered a job from an American friend nearby. So I would definitely intend on getting married and living here. WHAT DO I DO??

I am sorry if this is confusing... I understand!

Any help would be great. Even as simple as: can I go to canada and get stamped back in.. for the week. I have planned a year long tourism trip.

Thanks,

Louis.

[Boiler 43,402]

If you want to go to Canada you can do so, do not think you need a visa.

When are you heading back down under?

[Transborderwife 4,666]

The Canada loophole would likely get you turned away at the border. It does not reset your VWP.

Is the job offered one covered under hb1?

You need to return home to Australia and have her petition for a k1 visa OR marry and return home for a cr1 visa. Both would take approximately a year away from eachother.

[Pallaton 0]

Boiler, I am heading back under August 13th for the 10 days. And then I am planning on coming back to finish touring.

Transborderwife, I am not on a VWP any more.. I am on 5 year visitor visa. The job is a media/reporting job. I would be an Australian Correspondent, based in Detroit.

[Boiler 43,402]

Two things come to mind.

Your departure date is after your admittance date so that would put you into overstay and void your B2.

You can expect serious questioning having spent so much time in the US, they may think you are living here not visiting.

[Transborderwife 4,666]

H1b is probably the way to go but I believe you'd have to wait until next year for your potential employer to petition.

[canadian_wife 1,785]

I94 is stamped August 7, meaning you are to depart on August 7 correct?

August 13 is when you plan to leave...thus an overstay and that would void your visa

You keep saying a '5 year visa', I assume you understand this is not a carte blance to stay in the US for 5 years right? You still must adhere to the visa rules

good luck

[Boiler 43,402]

H1b is probably the way to go but I believe you'd have to wait until next year for your potential employer to petition.

Difficult to say, but that is where the Lawyers earn the big bucks.

[Transborderwife 4,666]

Difficult to say, but that is where the Lawyers earn the big bucks.

Yes, agree

[Pallaton 0]

Boiler; Yes they are the two things that are on my mind. I would DEFINITLEY NOT void that date. Hence why I was following up on the Embassy guy's comment of going to canada and coming back. And the second: I am aware.. so how would I prove that I am not living here?

Transborderwife: Thank you. I doubt I would use a lawyer...

Canadian_wife: yes. I am aware of the voiding. and I am also very aware that it does not allow me to stay straight five years. hence the concerns.

[Boiler 43,402]

Trip to Canada does not change the departure date.

People go on holiday, they have a reason to return, usually work if nothing else.

[Transborderwife 4,666]

Boiler; Yes they are the two things that are on my mind. I would DEFINITLEY NOT void that date. Hence why I was following up on the Embassy guy's comment of going to canada and coming back. And the second: I am aware.. so how would I prove that I am not living here?

Transborderwife: Thank you. I doubt I would use a lawyer...

Canadian_wife: yes. I am aware of the voiding. and I am also very aware that it does not allow me to stay straight five years. hence the concerns.

Your potential employer have to use a lawyer for an employment visa. They're the ones who handle it

[Pallaton 0]

But coming back into the states, the border officers would re stamp me for another 6 months say?

[Transborderwife 4,666]

But coming back into the states, the border officers would re stamp me for another 6 months say?

Nope. Not likely

[lost_at_sea 995]

And the second: I am aware.. so how would I prove that I am not living here?

You would have to prove that you have intent to return home with strong-ties.

Evidence of that would usually be things like a rental agreement / deed, a job (a letter from the employer saying that you're expected back on XX date). That sort of thing.

Frankly, though, you don't sound like you're planning to go home and you have every intent to misuse your visitor visa to stay in the USA and live.