Kittykisses73

Actually, the best advice in situations like this is to speak to a qualified immigration attorney who specializes in spousal/family immigration.

You should specifically ask that attorney about the ramifcations of your husband traveling while he awaits his greencard. He does have an aging parent back in Oz and emergent travel is a possibility.

I'm going to say what many of us are thinking.... there was probably intent. But I understand you wanting to explicitly state that there wasn't so you aren't flamed for taking the short-cut.

"Probably" isn't evidence.

There are times when the questions posed give intent away. There is not enough information given here to form a judgment, IMO.

I idly note that (unless I misread the OP), she and her 'boyfriend' had not met face to face before his entry in August.

We had not met face to face before he arrived in the US.

I really do understand what you mean Pushbrk! I do value that fact that we are together and hope very much to be able to remain together. Hate to seem like I am overeacting. Its people like kid brooklyn that just make this situation harder, ASSUMING that we ALWAYS had intent. I understand there are people who will abuse the system, but that is not me! I would be terrified if I thought we were doing ANYTHING wrong. You have been a huge help to me today, helped me keep my head level and I really do appreciate it. Its nice to have support for this process!

He has 2 brothers and 3 sister who are helping out with his dad who now is also receiving some assistance from a goverment service as well.

He has changed jobs pretty regularly in the last 6 months. Chefs tend to change jobs quite frequently.

I guess this is going to be more confusing than I hoped. SO many people say it is possible and others say no way! ITs really sad that two people who want to be together can't be!

Ok! Guilt was starting to set in there. I really do appreciate all the help and support from people who are in our same boat. Things have always just fallen into place for us, and it seems as though this may as well. I just want to do what is right and LEGAL because I would do NOTHING to jepordize my life with him. Everyone has seemed very genuine and helpful! It means alot

I hate to be the wet blanket here, but I don't believe that route is possible. The AOS is an adjustment of status on a visa and the VWP isn't a visa at all, it's a visa waiver. You can't adjust the status of a visa that doesn't exist, whether or not the decision to marry happens before he enters the country or while he's here, at least, that is what I have been told by 3 different immigration lawyers while I've been researching how to get my fiance here. What you might want to do is look at getting a K-3 visa - get married here, have him go home and wrap up his things back in Oz (ie - empty and close his bank accounts) and in the mean time file the K-3, and then get his Aussie ### back here for your lovin'.

I know what you're going through. I was in Oz for 10 months when I was studying and I met the man of my dreams and now we're trying to get him over here so we can get married. I haven't seen him since this past April - I even missed our one year anniversary. Just be strong. Keep copies of every single document you have - letters, emails, phone bills, etc. and take lots of photos! Good luck!

You believe wrong. This is a legal way for immediate relatives of a USC to change their status from non-immigrant visa or VWP to a Permanent Resident. There are 1000's of spouses and parents and children under 21 who change there status every year, doing just what the OP and posted.

For you it is not a legal route as your fiance is not inside the US and you have already made the choice to marry before entry, so if you tried this it would be then they would be entering the US with intent to remain and would be committing visa fraud. It is not about marriage it is about being an immediate relative of a USC and being able to prove if needed that you did not enter on a non-immigrant visa or VWP with the intent of remaining in the US and circumventing the immigration laws.

We really do HATE people who have it this easy though.

I am hearing you... but the law is the law.

I do appreciate all the input I am receiving! Its very helpful, ALL EXCEPT the EASY part. I think I missed something there.

My boyfriend of 5 months came to visit on the VWP. We have known each other about a year, I was having marital troubles and he was my rock thru trying to salvage my marriage as well as thru the divorce process. My divorce became final on August 28, 2008. My boyfriend lives in Australia with his father (to help take care of him, his dad had a stroke about 2 years ago) and worked as a chef. He began having troubles at his job and quit unexpectedly. We had planned for him to come here in mid september, but with his job ending suddenly we decided to bump his trip up to August 29th. His brothers are assisting his dad now that he is here.

From the moment he got off the plane, we had a bond that is undeniable. Its like we have been together our entire lives. We never expected for the feelings to be so strong. We are totally and completely in love with each other and want nothing more than to be together as husband and wife. Had we known this was going to be the case maybe we would have gone a different route. But now that he is here and we are together, the last thing we want is to be apart.

I am trying to find out what to do in our situation. He came here with just what he needed for a 3 month stay, he has bills in his name, a bank account everything still active in Australia, his entire family lives in Australia, & he has a return ticket to go home November 14th. We want nothing more than to marry and be together. We just don't know where to go from here. We have documentation of the relationship over the course of the last 5 months, phone records, unbelievalby high cell phone bills, emails, etc. I understand that we have to prove it was not our intention to marry from the start, and that is fine, anyone who is around us can tell that the relationship and the love is definately very genuine. I just am not sure what we have to do.

I have read very conflicting information regarding AOS. I have read that it is NOT POSSIBLE to accomplish, I have read that it is not only POSSIBLE to accomplish, but fairly common, I have read that he has to go home first, I have read that we can do this and he has to stay here. I have looked at so many web sites for help, and you seem to be the most current up to date site I have found.

I need any help and or guidance I can get.

Thanks