Looking for some help on our Situation

[maybemoving 0]

Hey All,

First of all have to say this website and forum have been very helpful and informative. I have done a lot of research but am still looking for advice on my specific situation which is as follows:

My Girlfriend and I have been together in Australia for the past 2 odd years. We have been living together for over a year.

She is a USC by way of parents and has a US passport but was born in Australia and lived her most of her life.

She is applying for graduate school (starting September this year) in the USA and I am planning on coming with her.

Our plan at the moment looks something like this:

She move, I resign from my job and we fly to USA together where we start to set up a life. I will be on the VWP.

My plan is to look for work as part of the E3 Visa which I am entitled to do on the VWP. See here: http://canberra.usembassy.gov/e3visa/apply_search.html

I have no intention of misleading at CBP so I will say I am here to visit friends (I have some here) as well as see if I can find a job.

If all that goes to plan then that's fantastic. However what I am concerned about is what to do if it doesn't. As in, what if I don't find a job in the 80 odd Days I have allowed myself to?

So, as a backup we are looking at the fiance/spousal option. This is something we are both very comfortable doing but our preference is to do it on our own terms. Furthermore, it seems like applying for the Fiance Visa is a very lengthy process and she is flying out to prepare for school in early August.

I am wondering if anyone can advise what our options are here? From what I have read we may be able to apply for DCF in Australia and request for the expedited process but it may be denied.

Can we get married and/or engaged while I am in the USA on the VWP? What do we need to do for Adjustment of Status (AoS)? I have read that going on the VWP with intent to immigrate is fraud, but in a way it is not my true intent?

If we cannot get married there what are our other options? I have looked at the I-130 forms and Affidavit of Support and it has a part that asks about employment and Income of the sponsor but she doesn't have any because a)she's a student and b) she's never lived independently in the USA before this time. She will be a full time student so will be supported by parents.

Will that be an issue on the Fiance/Spousal visa route?

We will be heartbroken if I have to fly back to Australia and ponder other options and wait what seems like ages for a spousal/fiance Visa. Furthermore, she has an ongoing medical condition that is triggered by stress and I am very worried about this. Could this be a reason for expedited DCF?

Additionally, I hold an EU passport.If I don't find a job while on the VWP my plan will be to fly to London and live and work with friends there. At least I will be closer. But can we file for the different spousal/fiance visas from there? I have never lived long term in the EU so it may not working filing for petitions as an EU citizen?

If I need to fly back to AUS (or EU) does she need to be present in the country I am filing from? I'm not sure if she'll be able to because of her schooling.

Sorry for the long post but I wanted to cover all my bases. Thanks in advance.

[Shauneg 762]

Hey All,

First of all have to say this website and forum have been very helpful and informative. I have done a lot of research but am still looking for advice on my specific situation which is as follows:

My Girlfriend and I have been together in Australia for the past 2 odd years. We have been living together for over a year.

She is a USC by way of parents and has a US passport but was born in Australia and lived her most of her life.

She is applying for graduate school (starting September this year) in the USA and I am planning on coming with her.

Our plan at the moment looks something like this:

She move, I resign from my job and we fly to USA together where we start to set up a life. I will be on the VWP.

My plan is to look for work as part of the E3 Visa which I am entitled to do on the VWP. See here: http://canberra.usembassy.gov/e3visa/apply_search.html

I have no intention of misleading at CBP so I will say I am here to visit friends (I have some here) as well as see if I can find a job.

If all that goes to plan then that's fantastic. However what I am concerned about is what to do if it doesn't. As in, what if I don't find a job in the 80 odd Days I have allowed myself to?

So, as a backup we are looking at the fiance/spousal option. This is something we are both very comfortable doing but our preference is to do it on our own terms. Furthermore, it seems like applying for the Fiance Visa is a very lengthy process and she is flying out to prepare for school in early August.

I am wondering if anyone can advise what our options are here? From what I have read we may be able to apply for DCF in Australia and request for the expedited process but it may be denied.

Can we get married and/or engaged while I am in the USA on the VWP? What do we need to do for Adjustment of Status (AoS)? I have read that going on the VWP with intent to immigrate is fraud, but in a way it is not my true intent?

If we cannot get married there what are our other options? I have looked at the I-130 forms and Affidavit of Support and it has a part that asks about employment and Income of the sponsor but she doesn't have any because a)she's a student and b) she's never lived independently in the USA before this time. She will be a full time student so will be supported by parents.

Will that be an issue on the Fiance/Spousal visa route?

We will be heartbroken if I have to fly back to Australia and ponder other options and wait what seems like ages for a spousal/fiance Visa. Furthermore, she has an ongoing medical condition that is triggered by stress and I am very worried about this. Could this be a reason for expedited DCF?

Additionally, I hold an EU passport.If I don't find a job while on the VWP my plan will be to fly to London and live and work with friends there. At least I will be closer. But can we file for the different spousal/fiance visas from there? I have never lived long term in the EU so it may not working filing for petitions as an EU citizen?

If I need to fly back to AUS (or EU) does she need to be present in the country I am filing from? I'm not sure if she'll be able to because of her schooling.

Sorry for the long post but I wanted to cover all my bases. Thanks in advance.

Well you wouldn't be truthful by saying you are just coming to visit friends. You'd be coming to set up a life with your fiance (your words) which you can't do.

[maybemoving 0]

ok well, in retrospect that wasn't meant to be quite so literally. When I say set up life I just mean find an apartment and stuff.

Her course is two years so that's about how long we plan on staying unless she decides to do further study or if we love it and want to stay longer.

Saying I am coming to visit friends and try and find a job on the E3 which is a non-immigrant visa is my intent. But we still want to stay together.

Edited June 17, 2015 by maybemoving

[tayurshu 37]

At CBP you say what you're there to do.

Your first choice is an E-3 visa (which I came so very close to getting after we filed I-129F to kick off the K1 process). So, if travelling under VWP in order to score a job "I am here to meet with some companies and explore the possibility of eventually working here in the USA for an E-3 visa". You will be asked for your return ticket. Have it ready.

The K-1 process is a long haul. You and I are in the exact same boat. Mine returned for grad school. We got engaged and while the K-1 was going through process I was talking online with some companies and while visiting meeting with them. It's absolutely fine to do that.

So, here's my advice:

- If you don't mind $360 that may end up going nowhere, file I-129F now.

- Visit under VWP (I haven't had any problems while my K-1 has been processing) and be clear about your intentions. You are there to: see your fiancee and explore options in terms of future employment under the E-3 visa.

Remember, you cannot be refused an E-3 NIV just because you have a potential IV (K-1) visa case open. In other words, you cannot be refused a non-immigrant visa (E-3) just because you have intentions to marry and adjust status (K-1) as well.

HOWEVER, you must not intend to travel under the VWP, get married and adjust status while there. That is immigration fraud as you have intent to stay while travelling under the VWP. It would be a very, very clear case for AOS refusal and removal proceedings.

Regarding Expedited approval: the reason, however valid and relevant, in my opinion would not be enough for expedited processing.

The rule of thumb is: if you enter on the VWP, you must leave on it within 90 days. Even if you find a job, you go home and file for E-3. If you get married, you go home and file for CR-1. If neither of those options, you go home and file for K-1. Hence why I say get your I-129F done now.

Edited June 19, 2015 by tayurshu

[maybemoving 0]

At CBP you say what you're there to do.

Your first choice is an E-3 visa (which I came so very close to getting after we filed I-129F to kick off the K1 process). So, if travelling under VWP in order to score a job "I am here to meet with some companies and explore the possibility of eventually working here in the USA for an E-3 visa". You will be asked for your return ticket. Have it ready.

The K-1 process is a long haul. You and I are in the exact same boat. Mine returned for grad school. We got engaged and while the K-1 was going through process I was talking online with some companies and while visiting meeting with them. It's absolutely fine to do that.

So, here's my advice:

- If you don't mind $360 that may end up going nowhere, file I-129F now.

- Visit under VWP (I haven't had any problems while my K-1 has been processing) and be clear about your intentions. You are there to: see your fiancee and explore options in terms of future employment under the E-3 visa.

Remember, you cannot be refused an E-3 NIV just because you have a potential IV (K-1) visa case open. In other words, you cannot be refused a non-immigrant visa (E-3) just because you have intentions to marry and adjust status (K-1) as well.

HOWEVER, you must not intend to travel under the VWP, get married and adjust status while there. That is immigration fraud as you have intent to stay while travelling under the VWP. It would be a very, very clear case for AOS refusal and removal proceedings.

Regarding Expedited approval: the reason, however valid and relevant, in my opinion would not be enough for expedited processing.

The rule of thumb is: if you enter on the VWP, you must leave on it within 90 days. Even if you find a job, you go home and file for E-3. If you get married, you go home and file for CR-1. If neither of those options, you go home and file for K-1. Hence why I say get your I-129F done now.

Thank for this really helpful reply.

Would you mind if you shared with my your story? How did you get so close to getting an E3? What are are you in and how was the experience?

I already have a return ticket and I am also not staying for exactly 90 days. I plan on telling them that I am looking to try and secure work as is allowed under the E3 visa. I will bring a print out of the page from the embassy that says I'm allowed to do this.

How long does the K-1 Take? 6 Months or so right?

Why would filing the I129F go nowhere? If I get the E3? Is this form applicable for K-1 and CR-1?

"Remember, you cannot be refused an E-3 NIV just because you have a potential IV (K-1) visa case open. In other words, you cannot be refused a non-immigrant visa (E-3) just because you have intentions to marry and adjust status (K-1) as well."

Do you have any firm source for this? I have not seen information to this affect anywhere else.

"HOWEVER, you must not intend to travel under the VWP, get married and adjust status while there."

I get this totally however what if I were to happen to be visiting her under VWP and I/she proposed and we got engaged/married while under VWP? This seems to have come up before on this forum and seemed ok? Why do I need to fly home and file CR-1? Because AoS looks suspicious?

e.g: http://www.visajourney.com/forums/topic/454046-getting-married-under-visa-waiver-program/

So it looks like it would take many months for us to be together if I were not to get the E3? Hence the need to file I-129f ASAP? There may be a few months in between?

I am very concerned about the I-134 and the section about ensuring I won't become a public charge. She too is moving to USA with no job. She will be a full time student and mostly supported by her parents. She has worked a lot in Australia though. She has very little by was of credit, job or Tax history in USA. She did work there for a few months while on holiday a couple of years ago.

She will look to secure some part time work but I am worried this may not be enough money to make 125% of the HHS guidelines which I believe is required? How strict is this? Are there any alternatives?

Thanks heaps for your reply once again.

[Boiler 43,393]

Her parents can co sponsor assuming they are US residents.

[maybemoving 0]

Thanks. Any implications of this I may need to be aware of. Only one of her parents is.

[Boiler 43,393]

That they make enough and will do it.

[tayurshu 37]

Thank for this really helpful reply.

Would you mind if you shared with my your story? How did you get so close to getting an E3? What are are you in and how was the experience?

I already have a return ticket and I am also not staying for exactly 90 days. I plan on telling them that I am looking to try and secure work as is allowed under the E3 visa. I will bring a print out of the page from the embassy that says I'm allowed to do this.

How long does the K-1 Take? 6 Months or so right?

Why would filing the I129F go nowhere? If I get the E3? Is this form applicable for K-1 and CR-1?

"Remember, you cannot be refused an E-3 NIV just because you have a potential IV (K-1) visa case open. In other words, you cannot be refused a non-immigrant visa (E-3) just because you have intentions to marry and adjust status (K-1) as well."

Do you have any firm source for this? I have not seen information to this affect anywhere else.

"HOWEVER, you must not intend to travel under the VWP, get married and adjust status while there."

I get this totally however what if I were to happen to be visiting her under VWP and I/she proposed and we got engaged/married while under VWP? This seems to have come up before on this forum and seemed ok? Why do I need to fly home and file CR-1? Because AoS looks suspicious?

e.g: http://www.visajourney.com/forums/topic/454046-getting-married-under-visa-waiver-program/

So it looks like it would take many months for us to be together if I were not to get the E3? Hence the need to file I-129f ASAP? There may be a few months in between?

I am very concerned about the I-134 and the section about ensuring I won't become a public charge. She too is moving to USA with no job. She will be a full time student and mostly supported by her parents. She has worked a lot in Australia though. She has very little by was of credit, job or Tax history in USA. She did work there for a few months while on holiday a couple of years ago.

She will look to secure some part time work but I am worried this may not be enough money to make 125% of the HHS guidelines which I believe is required? How strict is this? Are there any alternatives?

Thanks heaps for your reply once again.

No problems, that's what the forum is here for!

To answer your questions: I'm in public relations/media. I made a lot of groundwork through LinkedIn with companies in my SO's area, requesting meetings, sending my resume and also applying for actual positions. I got through to the final round with a company with whom i'd met one of their Senior VPs on a previous trip, alas, I was not chosen.

So what we did was follow two routes at the same time: while our K1 was going through the service centres and then to the NCV, I was looking for jobs as well to see if I could get over there immediately. By the time the Consulate interview was booked, we just decided to stick with the K1. We lodged the I-129F in November 14 and had notification from the Consulate in March 15.

Regarding the I-129F. Yes, I think you should file ASAP and do what I did and also try and find a job through E-3. Here is my source for not being able to be refused an E-3, even though you may have an I-129F in processing: Although INA § 101(a)(15)(E) requires that all E nonimmigrants maintain an intention to depart the United States upon expiration of their authorized E stay, the guidelines issued by the USCIS state that applications for E classification, including extensions or change of status, cannot be denied solely on the basis of an approved permanent labor certification or pending or approved immigrant visa petition.[5] Therefore, immigrant intent should not be a bar to eligibility for E-3 classification. (Wikipedia page on E-3 visa)

By filing the I-129F now, you can kick-start the process for the K-1. While waiting for it to work its way through the quagmire, you should seek an appointment for an E-3 visa. That way you can leave pretty much straight away and abandon the K-1.

You don't know who watches these forums and you've already demonstrated a willingness to travel on the VWP and pretend as though you'll suddenly get married and adjust status. Not only is that a very, very tricky process (VWP -> AOS), but it is fraught with danger in terms of immigration fraud. It would not take much for USCIS to see that you two have known eachother, yet you're trying to pretend you didn't expect to get married while there on VWP. My strongest advice is do not do this. Not only is it illegal but the mere suggestion of it breaks the forum rules here.

There's no shortcuts to immigration. If there was, we'd all be following the shortest route possible to be with our fiance/es. Unfortunately, it doesn't work like that and we've all been in the queue and waiting for our turn.

[maybemoving 0]

Thanks for your reply.

How did you find the E3 Process? Sounds like it didn't quite pan out for you? Were companies ok with the fact that they would have to "sponsor" you? Even though it was not in the traditional sense?

I have seen many job applications that say "do you require sponsorship?" I was just expecting the majority of those that say 'yes' to go on the bin.

I already have a ticket, and am planning to apply for jobs while there. I have done some research and believe that I will struggle to really kick of the process from here. I do have a USA address though so I will start to submit applications about two weeks before i leave.

So it only took like for months for your k1 to come through? I believe we'd be required to go on IR/CR1 nowadays? Looking at the progress on your sig it looks like you're still going through the process? So where are you now? Also, whats the visa shutdown? Sorry for all the questions!

Thank you for the source, very helpful and will use that if I go down that road. Did you ever have any issues at CBP?

On seeking an appointment for an E3 visa, I need the job offer first right? My plan is to fly there on the VWP as I am allowed to, find a job (hopefully!), fly back, apply for visa, approved visa (hopefully!), fly back to USA and start work. Thats how it has to work right? And the period of time from flying back to Australia to apply for the visa and receiving the visa is about two weeks, or so I've heard/read.

You're right about people reading these forums, haha. Also, as I have said to my GF it may look very suss so do not want to AOS if we can help it.

Do you mind if I ask what your story is? It sounds like you're going through the process and it has taken some time? Are you back in Aus and your partner in USA?

[tayurshu 37]

Hey mate - i'll try and respond below to make it clearer

How did you find the E3 Process? Sounds like it didn't quite pan out for you? Were companies ok with the fact that they would have to "sponsor" you? Even though it was not in the traditional sense?

E3 is just about finding a job that requires specialised skills and that you have a degree (or equivalent - 12+ years - experience). Companies were fine with sponsoring, I was going for multinationals and smaller agency-type work. All of them were pleasantly surprised it required very little paperwork above what they already have to do and it's free for them. Not really any resistance.

I have seen many job applications that say "do you require sponsorship?" I was just expecting the majority of those that say 'yes' to go on the bin.

Rather than apply direct using the automated application systems, I preferred to stalk the HR/hiring manager on LinkedIn and write them a message explaining the situation. Make it clear the E3 is free. I suggest taking out LinkedIn Premium membership for this - it's awesome!

I already have a ticket, and am planning to apply for jobs while there. I have done some research and believe that I will struggle to really kick of the process from here. I do have a USA address though so I will start to submit applications about two weeks before i leave.

Good idea. Yes, tough to get a job from afar. Meet with whoever and however you can while you're there, even if there aren't any jobs available. Informal coffee, bring your resume. Seriously, meet with as many senior managers, VPs and Directors as you can.

So it only took like for months for your k1 to come through? I believe we'd be required to go on IR/CR1 nowadays? Looking at the progress on your sig it looks like you're still going through the process? So where are you now? Also, whats the visa shutdown? Sorry for all the questions!

The K-1 took a few months to go through. From original petition (November), it then made it to the Embassy in March 15. Interview mid-May. Now we've hit a couple of bumps because of the visa outage and i'm back to Administrative Processing. But the first parts didn't take long. If I could've done my medical before my interview, I would've had my visa at the end of May. So that would've been November to May. Right now, i've been told i'm approved. However the Consulate asked for an extension letter to the petition as it expired while they were waiting for the visa system to come online. Hopefully will have visa in hand in the next 7-10 days.

Thank you for the source, very helpful and will use that if I go down that road. Did you ever have any issues at CBP?

You're welcome! Regarding CBP, no, although they do see my travel record and they've seen how often i've been flying there. I'm always asked what I do for work... ie "How could a young guy be flying here so often and afford to do it?" must go through their heads. Other than that, CBP has always been painless. Only once on my last 3 trips have I been asked to show return ticket. On my last visit, I didn't even have to see an IO, I was sent straight through automated passport in Dallas!

On seeking an appointment for an E3 visa, I need the job offer first right? My plan is to fly there on the VWP as I am allowed to, find a job (hopefully!), fly back, apply for visa, approved visa (hopefully!), fly back to USA and start work. Thats how it has to work right? And the period of time from flying back to Australia to apply for the visa and receiving the visa is about two weeks, or so I've heard/read.

Yes. You must have a job offer first. Then, your employer needs to fill out an LCA and mark it as Australian - E3.

And yes, that's how it must work. Visit under VWP, find job, file for the E3 in Australia and then enter the USA under the E3

You're right about people reading these forums, haha. Also, as I have said to my GF it may look very suss so do not want to AOS if we can help it.

Yeah, i'd just steer away from the idea of VWP - AOS.

Do you mind if I ask what your story is? It sounds like you're going through the process and it has taken some time? Are you back in Aus and your partner in USA?

Yeah sure! We met here in Aus while she was on a working holiday visa. We dated for a fair while, then she decided to return home to finish off her studies. We then got engaged and filed I-129F. I visited 3 times so far, and now we're just waiting for my K-1 to come through.

[maybemoving 0]

Her parents can co sponsor assuming they are US residents.

Quick question on this, can her Sister do this too? She's living and working in USA and makes the poverty guidelines.

These seem... quite low. $19,912 is not a lot of money!

[usmsbow 795]

Quick question on this, can her Sister do this too? She's living and working in USA and makes the poverty guidelines.

These seem... quite low. $19,912 is not a lot of money!

Yep, her sister can do it too.

[NikLR 13,220]

Poverty guidelines are VERY low, however a minimum wage job doesn't exceed them. (Minimum wage in the USA varies by state but is set nationally at $7.23/hr. However waitstaff can be paid significantly less as they are dependent on tips from customers. )

I advise both of you to get at least travel insurance. Your SO (significant other) may be able to get something through her college once she starts attending, but plan on having to buy travel insurance for you and temporary insurance for her. Medical care in the USA is prohibitive.

Something for your SO to be aware of is that she is required by US law to file tax returns if she makes over the threshold to file, no matter where she lives in the world. She normally would be able to claim a foreign exemption if working overseas up to about $97k USD, so she would not pay any taxes. However she is required to file them. Should you two decide to stay in the USA later on spontaneously, she will need to have filed those tax returns for your affidavit of support or have a reason why not (unemployed, made under the threshold etc...)

[Darnell 8,478]

i think much easier to get a student visa and attend school at her university. sure, it costs more, but so what?