K visa help

[_corkey 0]

Hi all, just a question on how i should proceed with migrating to the U.S.

I'm an Australian citizen, and my wife is a U.S. citizen. she moved to Australia in December of 2013, and I'm February of 2014 we got married here. she really misses home and family so we think it's time to move back to her country. we're looking at November of 2015, and am unsure how to go about it or what our options are?

I've read that we can go over (me on a tourist visa waiver program which is 90 days) and then apply and send in forms for a spouse visa?? I believe it's I-130 and I-485? is this possible or is it frowned upon by USCIS?

and if so, will the income requirements be a problem since she won't have a job right away if we go?

we are just trying to get as much information and knowledge on this subject as possible so thanks for any help! we appreciate it.

Also I should note, my wife is pregnant and due in February of 2016 if that makes any difference?

[sandra3711 52]

Entering on a tourist visa with the intention to immigrate is visa fraud. You can of course enter on a WVP and send in the spousal visa paperwork and stay for the 90 days, but you have to leave the country to return to Australia once those days are up. Read here: http://www.visajourney.com/content/i130guide2

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.

Sadly, your wife being pregnant has no bearing on the visa application. Sorry, and good luck!

[shipm662 17]

It sounds like a DCF may work for you for a (IR-1 / CR-1 visa)

Please review the guide here for more information.

http://www.visajourney.com/content/compare

Edited July 1, 2015 by shipm662

[sandra3711 52]

It sounds like a DCF may work for you for a (IR-1 / CR-1 visa)

Please review the guide here for more information.

http://www.visajourney.com/content/compare

I was under the impression that Australia (along with most countries that do not have a USCIS field office) no longer offer DCF?

Although, as seen here: http://www.visajourney.com/forums/topic/357465-usc-petitioner-living-abroad/page-44

It seems that US citizens that live abroad while petitioning for a spousal visa still seem to get auto-expedited. Might as well apply for the spousal visa while you guys are both still in Australia and hopefully they'll give you a quick approval.

Edited July 1, 2015 by sandra3711

[shipm662 17]

I don't know if Australia does DCF or not.

The guide recommends to contact the local embassy and check.

[Transborderwife 4,666]

I don't know if Australia does DCF or not.

The guide recommends to contact the local embassy and check.

They do not

[NikLR 13,220]

~~Moved to IR1/CR1 process and procedures as the OP is not currently in the USA so this is the visa method oprn to them as a married couple from K1 process and proceduees.~~

[Hypnos 6,576]

A country needs to have a USCIS field office within a US embassy in order for DCF to be on the table. You can see a list of such offices here: http://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices

As you can see, there is no office in Australia, thus no DCF.

[_corkey 0]

I've read numerous threads on here and on other sites about people who have traveled to the U.S. on vwp and the filed AOS form I-485. so i was just wondering if it can be done as it seems a lot of people are doing it?

[Transborderwife 4,666]

I've read numerous threads on here and on other sites about people who have traveled to the U.S. on vwp and the filed AOS form I-485. so i was just wondering if it can be done as it seems a lot of people are doing it?

No that is immigration fraud if pre planned.

[_corkey 0]

No that is immigration fraud if pre planned.

then please explain how so many people are doing it?

[Transborderwife 4,666]

then please explain how so many people are doing it?

They marry or adjust spontaneously. They don't come to the country with the purpose of adjusting

[_corkey 0]

They marry or adjust spontaneously. They don't come to the country with the purpose of adjusting

I might spontaneously want to adjust too. if i get cleared at the border then i don't see a problem with it?

[Hypnos 6,576]

If you mention your plan to CBP at the border they will likely take you to a room where they will help you complete the paperwork.

[_corkey 0]

If you mention your plan to CBP at the border they will likely take you to a room where they will help you complete the paperwork.

nice try.. thanks for your 'help' though