Questions on extension to visitor visa and marriage in US
Oct 18th 2003, 4:04 pm
#16
Joined: Apr 2002
Posts: 35,082
Re: Questions on extension to visitor visa and marriage in US
Originally posted by Joe
meauxna <member@british_expats.com> wrote in message news:<[email protected]>...
> Originally posted by Joe
>
> > I am a USC residing in the US. My Aussie girlfriend is in the US on a
>
<...>
> > Thanks for your help.
>
> > Joe
>
>
>
> Most of the options you raise have risks attached. There are 2 other
> options I can think of off the top of my head. I have experience with
> one of them:
>
>
>
> Get married before her entry expires.
<...>
>
>
>
> During this visit, file the Immigrant Visa paperwork directly at the
> Consulate in Sydney.
<...>
>
>
> A "managed overstay" approach may come back to bite you/her at any time.
> Isn't it simpler to not add overstay into the equation? You haven't
> broken any rules yet. It would seem to me better to stay that way.
Thanks to you and everyone else who responded.
Ok, here's my new understanding...
(1) Asking for an extension is futile. So we won't do that.
(2) Although the "90 day rule" isn't hard-and fast:
(a) She made no false statements to any US official, either at the
Sydney consulate or on arrival.
(b) We actually didn't have an intent to marry during this stay when
she arrived.
(c) We're 5 months into the 6 month entry.
Therefore...
The odds are miniscule that the BCIS will fuss about violation of
the conditions of the visitor's visa.
(3) It's not worth the risk to do a planned overstay. We won't do
that.
In addition...
(4) DCF in Sydney is still a viable choice, although I understand from
earlier queries on this forum that the BCIS is rumbling about
withdrawing DCF and it could go at any time.
(5) She needs to go back to Aussie soon for a bit. If she goes back
to Aussie to DCF (rather than filing from the US) and DCF becomes
unavailable suddenly, then we fall back to "get a spouse visa" while
she waits in Aussie.
Thanks again for the previous help, and thanks in advance for any new
comments on the above, particularly on (2), (4), and (5).
Joe
meauxna <member@british_expats.com> wrote in message news:<[email protected]>...
> Originally posted by Joe
>
> > I am a USC residing in the US. My Aussie girlfriend is in the US on a
>
<...>
> > Thanks for your help.
>
> > Joe
>
>
>
> Most of the options you raise have risks attached. There are 2 other
> options I can think of off the top of my head. I have experience with
> one of them:
>
>
>
> Get married before her entry expires.
<...>
>
>
>
> During this visit, file the Immigrant Visa paperwork directly at the
> Consulate in Sydney.
<...>
>
>
> A "managed overstay" approach may come back to bite you/her at any time.
> Isn't it simpler to not add overstay into the equation? You haven't
> broken any rules yet. It would seem to me better to stay that way.
Thanks to you and everyone else who responded.
Ok, here's my new understanding...
(1) Asking for an extension is futile. So we won't do that.
(2) Although the "90 day rule" isn't hard-and fast:
(a) She made no false statements to any US official, either at the
Sydney consulate or on arrival.
(b) We actually didn't have an intent to marry during this stay when
she arrived.
(c) We're 5 months into the 6 month entry.
Therefore...
The odds are miniscule that the BCIS will fuss about violation of
the conditions of the visitor's visa.
(3) It's not worth the risk to do a planned overstay. We won't do
that.
In addition...
(4) DCF in Sydney is still a viable choice, although I understand from
earlier queries on this forum that the BCIS is rumbling about
withdrawing DCF and it could go at any time.
(5) She needs to go back to Aussie soon for a bit. If she goes back
to Aussie to DCF (rather than filing from the US) and DCF becomes
unavailable suddenly, then we fall back to "get a spouse visa" while
she waits in Aussie.
Thanks again for the previous help, and thanks in advance for any new
comments on the above, particularly on (2), (4), and (5).
Joe
Something to consider re: having her stay here (overstay) marry and file AOS (Adjustment of Status): depending on where you live, permission to leave the US (legally ie, and return) may take up to 2 years. This was not acceptable in my case, as my husband had to be free to come and go. By filing DCF, he entered with full Green Card privledges with no waiting around. This turned out to be a boon, as his mother just passed away. Her bad health was the reason we needed to have travel freedom. Should you follow this path, don't plan on being able to go to Oz for up to 2 years.
I feel you were mislead or I missed something major about DCF while I've been away. BCIS doesn't get to have a say in whether or not a Consul offers it to non-resident USCs (AFAIK). Yes, Sydney *may* decide to not offer it to non-resident USCs; there were a couple of posts/countries that stopped it in July 03. There is no risk in starting communication with Sydney now about your intentions and you would then be first in line to learn of any suspension of the benefit. Unless you linger long in Oz, I don't think you'd get 'stuck' there, unless you don't plan to do this far out in the future. If it were me, I certainly wouldn't waste a lot of time getting started, just in case.
Since she 'needs' to go back, DCF still seems sensible. As you say, worst case scenario is that DCF becomes unavailable, but you still have the relatively quick K3 as a back up.
Good luck & let us know how it turns out.
Oct 18th 2003, 5:55 pm
#17
Guest
Posts: n/a
Re: Questions on extension to visitor visa and marriage in US
meauxna wrote
>
>
>
> Something to consider re: having her stay here (overstay) marry and file
> AOS (Adjustment of Status): depending on where you live, permission to
> leave the US (legally ie, and return) may take up to 2 years.
Does it really take 2 years to get Advance Parole?
>
>
>
> Something to consider re: having her stay here (overstay) marry and file
> AOS (Adjustment of Status): depending on where you live, permission to
> leave the US (legally ie, and return) may take up to 2 years.
Does it really take 2 years to get Advance Parole?
Oct 18th 2003, 6:25 pm
#18
Howling at the Moon
Joined: Oct 2002
Location: Incline Village, NV
Posts: 3,742
Re: Questions on extension to visitor visa and marriage in US
Originally posted by Mrtravel
meauxna wrote
>
>
>
> Something to consider re: having her stay here (overstay) marry and file
> AOS (Adjustment of Status): depending on where you live, permission to
> leave the US (legally ie, and return) may take up to 2 years.
Does it really take 2 years to get Advance Parole?
meauxna wrote
>
>
>
> Something to consider re: having her stay here (overstay) marry and file
> AOS (Adjustment of Status): depending on where you live, permission to
> leave the US (legally ie, and return) may take up to 2 years.
Does it really take 2 years to get Advance Parole?
Last I heard my local office was taking 1-2 weeks.
Oct 19th 2003, 1:50 am
#19
Forum Regular
Joined: Jun 2003
Posts: 246
My opinion
Hmmm....sometimes too much info and too worry will give headache 
I don't know...but this is my opinion...since your gf already in US, and she already divorced, get married.... (no need to wait until her B-2 visa expired). Therefore, she is legal stay here when her application pending at BCIS. If your marriage is genuine and base on love, there is nothing to worry about.
For travel, apply your Advance Parole together with the AOS and her AP will be issued within 3 months and she can travel. She even can work while her AOS pending. It also take less than 3 months.
Good luck.
But make sure she have her 'OBSOLUTE DIVORCE PAPER'. Otherwise you will face another problem later on.
I don't know...but this is my opinion...since your gf already in US, and she already divorced, get married.... (no need to wait until her B-2 visa expired). Therefore, she is legal stay here when her application pending at BCIS. If your marriage is genuine and base on love, there is nothing to worry about.
For travel, apply your Advance Parole together with the AOS and her AP will be issued within 3 months and she can travel. She even can work while her AOS pending. It also take less than 3 months.
Good luck.
But make sure she have her 'OBSOLUTE DIVORCE PAPER'. Otherwise you will face another problem later on.
Oct 19th 2003, 3:49 am
#20
Joined: Apr 2002
Posts: 35,082
Re: Questions on extension to visitor visa and marriage in US
Originally posted by Mrtravel
Does it really take 2 years to get Advance Parole?
Does it really take 2 years to get Advance Parole?
I never said it *does* take 2 years, I said that it *may*. If a person needs to be able to travel, I feel they should take that into account. Especially as this poster has the DCF option in glorious Sydney.
This poster has alluded to a particular timeline for marriage, after she's out of status, and the Conventional Wisdom here has generally agreed that using AP, even if issued in good faith, when one has overstay, can lead to a bar of 3+ years.
Oct 19th 2003, 4:29 am
#21
SUPER CRUNCHY BALCONY COW
Joined: Jul 2003
Posts: 9,476
DCF please..
Hey there!!
Get married in Australia and do DCF please.. dont take any other shortcuts that might get you in trouble, You are lucky you have DCF and dont have to go thru the K3 process like me and others.
Good Luck and keep us posted!
Get married in Australia and do DCF please.. dont take any other shortcuts that might get you in trouble, You are lucky you have DCF and dont have to go thru the K3 process like me and others.
Good Luck and keep us posted!
Oct 23rd 2003, 7:25 am
#22
Guest
Posts: n/a
Re: Questions on extension to visitor visa and marriage in US
Thanks to you and all who replied.
Followup:
We've already discarded the "planned overstay" approach, based on
advice received here. We would marry *before* her entry stamp
expires, so that would make a big difference, yes?
DCF sounds great in general, but she divorced because of an abusive
marriage and has serious anxiety issues. For that reasons having her
go back to Aussie for more than a brief visit will involve more than
just "romantic separation angst" for her. I'd like to avoid that for
her.
She'd be filing in the SF Bay area. Is there some way I find out what
the wait time for permission to leave and re-enter would be?
(And, yes, it's the marriage will indeed be truly genuine and based on
love. Otherwise I'd have better things to do. )
Thanks again to all for any advice.
Followup:
We've already discarded the "planned overstay" approach, based on
advice received here. We would marry *before* her entry stamp
expires, so that would make a big difference, yes?
DCF sounds great in general, but she divorced because of an abusive
marriage and has serious anxiety issues. For that reasons having her
go back to Aussie for more than a brief visit will involve more than
just "romantic separation angst" for her. I'd like to avoid that for
her.
She'd be filing in the SF Bay area. Is there some way I find out what
the wait time for permission to leave and re-enter would be?
(And, yes, it's the marriage will indeed be truly genuine and based on
love. Otherwise I'd have better things to do.
)Thanks again to all for any advice.
