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Hi All,

I have trawled through these forums and the internet trying to find an answer to this question, however seem to keep coming across inconsistencies.

Quick background on my situation

My fiance is from Portland, Oregon, this is where we met whilst I has on vacation there visiting a friend.

After about 8 months of long distance she decided to move to Australia where we have been living together now for almost 12 months

We are currently in the process of applying for a De Facto (Partner) visa for her here in Australia

She wanta to get married in July 2016 in her home town

We plan on living in Australia for at least another year post our wedding due to my job, it is expected that we would look at moving to Portland somewhere further down the line i.e. mid to late 2017

I have previously overstayed (91 days due to a flight reschedule) on the ESTA and am no longer entitled to this.

Can someone please advise whether the following is allowable:

- Travel to the US on a B1/B2 tourist visa stay for 4 weeks and get married during this time.

- Intention being not to stay in the US post marriage but rather to move back to Australia

- Whilst back in Australia (post marriage) we will apply for the CR1 spousal visa which when this is granted we would be moving to the US to live

Thanks for taking the time to listen - feedback and some clear guidance is much appreciated

Peter

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Hey Peter

I have had a similar experience (minus the overstay in usa). We were living in Australia under a defacto partner visa when we travelled to the usa to be married. My Aussie citizen husband traveled on the B1/B2. We did not mention the LAX immigration that we were being married rather we were visiting family. We have applied for the IR-1 from australia and so far it has been a 16 month long process and am hoping to get notification of interview date any day now (meaning about 18 month process all up).

Hope this helps.

Thanks,

Shannon

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Thanks Shannon.

My concern is that by travelling on the B1/B2 and getting married but not disclosing it at immigration, then this may come back to bite us further down the track when applying for a spousal visa from Australia later on.

From my experience overstaying on the ESTA I know how difficult things can become and just want to ensure we are doing things the right way :)

Edited by pdoyle009

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Do you have a B?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Can someone please advise whether the following is allowable:

- Travel to the US on a B1/B2 tourist visa stay for 4 weeks and get married during this time.

- Intention being not to stay in the US post marriage but rather to move back to Australia

- Whilst back in Australia (post marriage) we will apply for the CR1 spousal visa which when this is granted we would be moving to the US to live

All of the above is allowable, provided you are able to obtain a tourist visa.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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I have had a B1/B2 visa which I used to travel to the US twice last year (May 2014 and Sept 2014) - that visa however has now expired (was valid for one year only)

As far as I know it was allowed but as always at the discretion of the immigration official. We brought proof of return flights, letter from employer stating we were employed and proof of tenancy in oz. it was the same when we travelled to the usa while our documents were at process at nvc. we stayed in usa for 4 weeks for our wedding and then again for 6 weeks over the past holidays. i think the more evidence you have of return the better but I wouldn't be too worried about it (this coming from someone who was very worried at the time but it all worked out fine).

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