Dan G

I'm a US citizen, my wife an Australian citizen, we live in Australia.
We plan to do soon a Direct Consular Filing (DCF) for my wife to
immigrate to USA. Then a few months later we plan to travel to the USA
for a visit of about six weeks duration, and return to Australia.
I've read somewhere that it may be difficult for my wife to get a
non-immigrant visa (visitors visa, or visa waiver) because USA
immigration authorities fear we (she) would then decide not to leave
the USA once there, etc.

1. Is this a real problem?
2. If so, how do we assure the immigration deptartment or State
Department that indeed it's just a visit?
3. What else should I know about this subject?

We appreciate your knowledge, advice, opinions and references to other
persons or information sources dealing directly with this question.
Please forgive the (relevant, though) cross-post. A direct email
reply is appreciated (but see below!!).

Thanks!
- Dan

Please note that if you send me a direct email reply, please remove
the underscore in the email address shown above, to get to my primary
email address. And please use a descriptive subject line (or ref the
subject of this post), I get a fair amount of spam.

Odb001013

1. It's not a problem. You are married and you can apply for a B1/B2 visa,
multiple entries and valid for 10 years without a problem.
Don't worry about it !
I'm in the same case. I'm married to a USC and I got a non immigrant visa
here in Belgium.
The consul will tell you that you can apply for the immigrant visa if you
plan to move back to the US but nothing else.

But she can travel also under the VWP no ?
She doesn't need the visa.
"Dan G" <[email protected]> wrote in message
news:[email protected]...
    > I'm a US citizen, my wife an Australian citizen, we live in Australia.
    > We plan to do soon a Direct Consular Filing (DCF) for my wife to
    > immigrate to USA. Then a few months later we plan to travel to the USA
    > for a visit of about six weeks duration, and return to Australia.
    > I've read somewhere that it may be difficult for my wife to get a
    > non-immigrant visa (visitors visa, or visa waiver) because USA
    > immigration authorities fear we (she) would then decide not to leave
    > the USA once there, etc.
    > 1. Is this a real problem?
    > 2. If so, how do we assure the immigration deptartment or State
    > Department that indeed it's just a visit?
    > 3. What else should I know about this subject?
    > We appreciate your knowledge, advice, opinions and references to other
    > persons or information sources dealing directly with this question.
    > Please forgive the (relevant, though) cross-post. A direct email
    > reply is appreciated (but see below!!).
    > Thanks!
    > - Dan
    > Please note that if you send me a direct email reply, please remove
    > the underscore in the email address shown above, to get to my primary
    > email address. And please use a descriptive subject line (or ref the
    > subject of this post), I get a fair amount of spam.

Mrtravel

Dan G wrote:

    > I'm a US citizen, my wife an Australian citizen, we live in Australia.
    > We plan to do soon a Direct Consular Filing (DCF) for my wife to
    > immigrate to USA. Then a few months later we plan to travel to the USA
    > for a visit of about six weeks duration, and return to Australia.
    > I've read somewhere that it may be difficult for my wife to get a
    > non-immigrant visa (visitors visa, or visa waiver) because USA
    > immigration authorities fear we (she) would then decide not to leave
    > the USA once there, etc.
    >

I am not yet clear on something.
Does she plan to live in the US or Australia?
If she plans to live in Australia, why file DCF?

Michael

L D Jones

Dan G wrote:
    >
    > I'm a US citizen, my wife an Australian citizen, we live in Australia.
    > We plan to do soon a Direct Consular Filing (DCF) for my wife to
    > immigrate to USA. Then a few months later we plan to travel to the USA
    > for a visit of about six weeks duration, and return to Australia.
    > I've read somewhere that it may be difficult for my wife to get a
    > non-immigrant visa (visitors visa, or visa waiver) because USA
    > immigration authorities fear we (she) would then decide not to leave
    > the USA once there, etc.
    >
    > 1. Is this a real problem?
    > 2. If so, how do we assure the immigration deptartment or State
    > Department that indeed it's just a visit?
    > 3. What else should I know about this subject?

If you already have the visa by the time of your trip you don't need the
visitor's visa

Ingo Pakleppa - See Web Site For Email

On Wed, 15 Oct 2003 08:58:20 -0700, Dan G wrote:

    > I'm a US citizen, my wife an Australian citizen, we live in Australia.
    > We plan to do soon a Direct Consular Filing (DCF) for my wife to
    > immigrate to USA. Then a few months later we plan to travel to the USA
    > for a visit of about six weeks duration, and return to Australia. I've
    > read somewhere that it may be difficult for my wife to get a
    > non-immigrant visa (visitors visa, or visa waiver) because USA
    > immigration authorities fear we (she) would then decide not to leave the
    > USA once there, etc.
    >
    > 1. Is this a real problem?

Yes, it is a very real problem. Some people (such as Fabian, who also
responded to this post) got lucky. Generally, US authorities tend to be
more lenient with people from Western countries, so you may have a chance.

In the end, what counts is the intent of this particular trip. As long as
you can convince the immigration officer that indeed you will be
returning, there should not be a problem. It may help to have evidence
that you still have your job to return to and generally loose ends to tie
up before you can go to the USA for good.

DO NOT try to apply for a visitor's visa. That is rarely approved for
people from visa waiver countries.

--
When responding to posts, please remember to post through alt.visa.us; do
not respond through BritishExpats.com. For more information, please see
http://www.kkeane.com/general-faq.shtml.

Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml

Please visit my new FAQ at http://www.kkeane.com (always under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Now with new photos! Please feel free to enjoy some of my photographs at my
new Web site http://www.ingopakleppa.com ! Comments are welcome.

Odb001013

I don't think that once you are living and married to a UCS it can be a
problem.

"Ingo Pakleppa - see web site for email" <[email protected]> wrote in message
news[email protected]...
    > On Wed, 15 Oct 2003 08:58:20 -0700, Dan G wrote:
    > > I'm a US citizen, my wife an Australian citizen, we live in Australia.
    > > We plan to do soon a Direct Consular Filing (DCF) for my wife to
    > > immigrate to USA. Then a few months later we plan to travel to the USA
    > > for a visit of about six weeks duration, and return to Australia. I've
    > > read somewhere that it may be difficult for my wife to get a
    > > non-immigrant visa (visitors visa, or visa waiver) because USA
    > > immigration authorities fear we (she) would then decide not to leave the
    > > USA once there, etc.
    > >
    > > 1. Is this a real problem?
    > Yes, it is a very real problem. Some people (such as Fabian, who also
    > responded to this post) got lucky. Generally, US authorities tend to be
    > more lenient with people from Western countries, so you may have a chance.
    > In the end, what counts is the intent of this particular trip. As long as
    > you can convince the immigration officer that indeed you will be
    > returning, there should not be a problem. It may help to have evidence
    > that you still have your job to return to and generally loose ends to tie
    > up before you can go to the USA for good.
    > DO NOT try to apply for a visitor's visa. That is rarely approved for
    > people from visa waiver countries.
    > --
    > When responding to posts, please remember to post through alt.visa.us; do
    > not respond through BritishExpats.com. For more information, please see
    > http://www.kkeane.com/general-faq.shtml.
    > Remember, I am strictly a layperson without any legal training. I
encourage
    > everybody to seek competent legal counsel rather than relying on usenet
    > newsgroups.
    > Please support H.R. 539, H.R. 832 and S. 1510. More information at
    > http://www.kkeane.com/lobbyspousal-faq.shtml
    > Please visit my new FAQ at http://www.kkeane.com (always under
construction)
    > My email address in usenet posts is now invalid for spam protection. See
    > my Web site for information on how to contact me.
    > Now with new photos! Please feel free to enjoy some of my photographs at
my
    > new Web site http://www.ingopakleppa.com ! Comments are welcome.

Dave

[email protected] (Dan G) wrote in message news:<[email protected]. com>...
    > I'm a US citizen, my wife an Australian citizen, we live in Australia.
    > We plan to do soon a Direct Consular Filing (DCF) for my wife to
    > immigrate to USA. Then a few months later we plan to travel to the USA
    > for a visit of about six weeks duration, and return to Australia.
    > I've read somewhere that it may be difficult for my wife to get a
    > non-immigrant visa (visitors visa, or visa waiver) because USA
    > immigration authorities fear we (she) would then decide not to leave
    > the USA once there, etc.
    >
    > 1. Is this a real problem?
    > 2. If so, how do we assure the immigration deptartment or State
    > Department that indeed it's just a visit?
    > 3. What else should I know about this subject?
    >
Ummm it appears to me that you are confused. If your wife gets her
visa via DCF in Sydney, she will most likely receive it immediately,
which means she can (and should) enter the US as a (perhaps
conditional, depending on how long you have been married) permanent
resident. In fact, she is *required* to enter the US within 6 months
after she receives her visa to activate it, or her visa becomes null
and void. I suggest you ask any questions you have to the Sydney
consulate, they are very helpful. If the first trip is a visit, she
can reenter the States afterward by showing the stamp the immigration
authorities will place in her passport upon activating her visa.
Although I'd be careful about being away from the States for an
extended period of time (I believe if permanent residents are out of
the US for a year or more without notifying the BCIS prior to their
departure they nullify their US resdidence status).

Dave

Ingo Pakleppa - See Web Site For Email

In the contrary. Living with a US citizen is a HUGE problem because it is
strong evidence of immigration intent. It is even more so if you are
married to that person.

There are some areas where common sense leads you seriously astray in
immigration law.

On Sun, 19 Oct 2003 19:05:59 -0700, odb001013 wrote:

    > I don't think that once you are living and married to a UCS it can be a
    > problem.
    >
    > "Ingo Pakleppa - see web site for email" <[email protected]> wrote in
    > message news[email protected]...
    >> On Wed, 15 Oct 2003 08:58:20 -0700, Dan G wrote:
    >> > I'm a US citizen, my wife an Australian citizen, we live in
    >> > Australia. We plan to do soon a Direct Consular Filing (DCF) for my
    >> > wife to immigrate to USA. Then a few months later we plan to travel
    >> > to the USA for a visit of about six weeks duration, and return to
    >> > Australia. I've read somewhere that it may be difficult for my wife
    >> > to get a non-immigrant visa (visitors visa, or visa waiver) because
    >> > USA immigration authorities fear we (she) would then decide not to
    >> > leave the USA once there, etc.
    >> >
    >> > 1. Is this a real problem?
    >> Yes, it is a very real problem. Some people (such as Fabian, who also
    >> responded to this post) got lucky. Generally, US authorities tend to be
    >> more lenient with people from Western countries, so you may have a
    >> chance.
    >> In the end, what counts is the intent of this particular trip. As long
    >> as you can convince the immigration officer that indeed you will be
    >> returning, there should not be a problem. It may help to have evidence
    >> that you still have your job to return to and generally loose ends to
    >> tie up before you can go to the USA for good.
    >> DO NOT try to apply for a visitor's visa. That is rarely approved for
    >> people from visa waiver countries.
    >> --
    >> When responding to posts, please remember to post through alt.visa.us;
    >> do not respond through BritishExpats.com. For more information, please
    >> see http://www.kkeane.com/general-faq.shtml.
    >> Remember, I am strictly a layperson without any legal training. I
    > encourage
    >> everybody to seek competent legal counsel rather than relying on usenet
    >> newsgroups.
    >> Please support H.R. 539, H.R. 832 and S. 1510. More information at
    >> http://www.kkeane.com/lobbyspousal-faq.shtml
    >> Please visit my new FAQ at http://www.kkeane.com (always under
    > construction)
    >> My email address in usenet posts is now invalid for spam protection.
    >> See my Web site for information on how to contact me.
    >> Now with new photos! Please feel free to enjoy some of my photographs
    >> at
    > my
    >> new Web site http://www.ingopakleppa.com ! Comments are welcome.

--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml

Please visit my new FAQ at http://www.kkeane.com (always under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Now with new photos! Please feel free to enjoy some of my photographs at my
new Web site http://www.ingopakleppa.com ! Comments are welcome.