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Found 4 results

  1. Hi there, My Australian husband and I (US Citizen) have our I-130 under processing. We need to get back to the USA for our formal wedding celebration with all friends and family in April 2019. This was already booked before we started the immigration process, based on advice we got from our lawyers. Unfortunately, we can't move the date or postpone as it's all booked and family from Australia already have flights booked to visit. It's a 50/50 shot his visa will be approved by then at this rate, so we have been advised by a few attorneys for him to enter the USA under the Visa Waiver Program. I've read a few reviews on this process, and it seems it's the best way to go, but there's also a pretty good shot he could get denied entry as well. Has anyone done this before with success? We are hearing mixed reviews. What documents/proof of return to Australia should we prepare? If we're traveling together, which line for Immigration should we go into? Is there a specific port of entry that would be better or easier? Dallas/LA? Would a letter from our local representative help our case with the Border Agents? Thanks so much in advance :) Cheers, Kelly
  2. Hi there, I'm posting this in the K-1 Fiancé Visa Process & Procedures forum as I'm hoping you folks might be able to share thoughts/experiences with regards to my situation. I'm British and my boyfriend is American. We're currently living together in another country (not UK / US) and planning to spend the summer together in the US during which time we intend to get married and then apply for a UK spouse visa for him. As I will be in the US for just fewer than 90 days I'm thinking it'll be easiest for me to come in under the Visa Waiver Program (I still have a valid ESTA from my previous visits - all legal) rather than to apply for a K-1 Fiancé Visa (which looks to be a lengthy and unnecessary process for us) and from what I can tell this is legal: https://my.uscis.gov/helpcenter/article/can-i-get-married-if-i-entered-the-united-states-under-the-visa-waiver-program. We firmly intend to move to the UK together after the summer (I have a job to return to there) so I'm sure I won't need to go down the AOS route. As far as I can tell I should be fine coming in on the ESTA and being totally upfront about my intention to get married but not to reside in the US (we might live there together at some point in the future but not for the first 1-2 years of our marriage at least). I'm just wondering if anyone has experience doing this (getting married under the Visa Waiver Program / a ESTA with the firm intention *not* to reside in US - at least not immediately)? Were you grilled by the CBP officers when entering the country? Do you think I should bring some documents showing my firm intention and and practical plans to move to the UK at the end of the summer (e.g. job contract / letter from employer, draft of his UK spouse visa application form - which we'll complete and submit once married, etc)? I guess I should be fine but I'm a little nervous about being grilled / not being allowed through I want to be super clear about my intentions and stay well within the law so that years later if I want to apply for an IR-1 Spouse Visa I won't have any problems or marks against my name. Thanks in advance for any thoughts/experiences you can share!
  3. We are a gay couple. He is a US citizen and I am a Dutch citizen. We met one another in March 2017 via a dating website. We had spent passionate 2.5 months interacting with one another via the Internet before he invited me to the United States for a visit. I came to the USA on the Visa Waiver Program. I didn't intend to stay in the US longer than one month on my first visit and had a return flight ticket. Then one week into my stay with my partner in the US we realized that we were destined for one another and that we would like to be united asap. On the ninth day of my arrival in Oregon, we got married. 33 days after our marriage my husband applied to USCIS with a Petition For Alien Relative (form I-130). From what we understood then we had a choice to file for a green card concurrently with Form I-130 or separately at a later date. We chose to file Adjustment of Status after I-130 would get approved. I-130 got approved by USCIS without any problem in exactly eight months and now we are in a process of applying for a green card. What remains an unanswered question to me is what is USCIS' stance on people who enter the United States on the Visa Waiver Program and marry here so quickly like we did. Does the 90-day rule apply to this category of people as well? Also, my partner filed a Petition For Alien Relative during the 90 day period permitted by the VWP but we didn't file Adjustment Of Status concurrently with I-130, for a year I've been living in the US without a lawful status waiting for the approval of I-130. Is it still considered an overstay if only I-130 was filed first and I-485 we file one year later?
  4. My fiancé is from Australia and we plan to file form I -129f. I graduate university in May and would like to have her here for that. We could file the petition now and have to wait less time or wait until she comes to the US to file the petition. If we file the petition now, will she be able to visit for my graduation using the Visa Waiver Program?
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