Visa Waiver and Marriage (K3)
Aug 4th 2006, 8:17 pm
#1
Guest
Posts: n/a
Visa Waiver and Marriage (K3)
Hello, thank you in advance for any help (the process is entirely too
confusing).
Background: My girlfriend is here in the US on a 90 day visa waiver.
She has 60 days left on her visa. We would prefer that she does NOT go
back to australia if at all possible. We are ready to make the leap
and get married.
Question 1: Can we get married next week and somehow stay here in the
US while we wait for the I-130 results? Some at the INS says you can
stay past the 90 visa waiver as THEY process the information (this does
not sound right however).
Question 2: Is it better to marry here now while she is here and then
process the forms or is it better to get married in Australia and then
process the forms? Which process is easier which is faster?
Question 3: While the gov is processing the I-130 form can she go home
and come back in on a new visa waiver? How many times can you come
back and forth using visa wiavers?
Bonus: We are willing to do anything at this point to not split up
again. Is there a good way for both of us to remain together here in
the us through this process?
Thank you So much for any help you can provide.
confusing).
Background: My girlfriend is here in the US on a 90 day visa waiver.
She has 60 days left on her visa. We would prefer that she does NOT go
back to australia if at all possible. We are ready to make the leap
and get married.
Question 1: Can we get married next week and somehow stay here in the
US while we wait for the I-130 results? Some at the INS says you can
stay past the 90 visa waiver as THEY process the information (this does
not sound right however).
Question 2: Is it better to marry here now while she is here and then
process the forms or is it better to get married in Australia and then
process the forms? Which process is easier which is faster?
Question 3: While the gov is processing the I-130 form can she go home
and come back in on a new visa waiver? How many times can you come
back and forth using visa wiavers?
Bonus: We are willing to do anything at this point to not split up
again. Is there a good way for both of us to remain together here in
the us through this process?
Thank you So much for any help you can provide.
Aug 4th 2006, 8:48 pm
#2
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Re: Visa Waiver and Marriage (K3)
Originally Posted by Rob
Hello, thank you in advance for any help (the process is entirely too
confusing).
Background: My girlfriend is here in the US on a 90 day visa waiver.
She has 60 days left on her visa. We would prefer that she does NOT go
back to australia if at all possible. We are ready to make the leap
and get married.
Question 1: Can we get married next week and somehow stay here in the
US while we wait for the I-130 results? Some at the INS says you can
stay past the 90 visa waiver as THEY process the information (this does
not sound right however).
Question 2: Is it better to marry here now while she is here and then
process the forms or is it better to get married in Australia and then
process the forms? Which process is easier which is faster?
Question 3: While the gov is processing the I-130 form can she go home
and come back in on a new visa waiver? How many times can you come
back and forth using visa wiavers?
Bonus: We are willing to do anything at this point to not split up
again. Is there a good way for both of us to remain together here in
the us through this process?
Thank you So much for any help you can provide.
confusing).
Background: My girlfriend is here in the US on a 90 day visa waiver.
She has 60 days left on her visa. We would prefer that she does NOT go
back to australia if at all possible. We are ready to make the leap
and get married.
Question 1: Can we get married next week and somehow stay here in the
US while we wait for the I-130 results? Some at the INS says you can
stay past the 90 visa waiver as THEY process the information (this does
not sound right however).
Question 2: Is it better to marry here now while she is here and then
process the forms or is it better to get married in Australia and then
process the forms? Which process is easier which is faster?
Question 3: While the gov is processing the I-130 form can she go home
and come back in on a new visa waiver? How many times can you come
back and forth using visa wiavers?
Bonus: We are willing to do anything at this point to not split up
again. Is there a good way for both of us to remain together here in
the us through this process?
Thank you So much for any help you can provide.
I seriously recommend a 1-time consultation with an immigration attorney to pose these questions. You'll probably like what he has to tell you, but you should hear it from a professional, in person, in his office...not on a public forum. The cost is minimal, around $100, but it's worth it for the peace of mind you'll have in how to proceed correctly.
Best Wishes,
Rene
Aug 4th 2006, 9:21 pm
#3
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Re: Visa Waiver and Marriage (K3)
Just thought I'd add - find out if you can do DCF (Direct Consular Filing) in Australia. If you qualify for that, then by far the easiest way is to get married in Australia and file the I-130 directly there (DCF).
Rene
Rene
Aug 4th 2006, 9:24 pm
#4
Account Closed
Joined: Mar 2004
Posts: 2
Re: Visa Waiver and Marriage (K3)
Question 1: Asuming that was not her intent when she entered - yes
Question 2: Australia is about the easiest other option as you can file directly with the Consulate. Much quicker than a K3.
Question 3: No, None. She need to get Advanced Parole, takes about 3 months.
Bonus: Question 3 seems to contradict this.
All the forms are on www.uscis.gov
Question 2: Australia is about the easiest other option as you can file directly with the Consulate. Much quicker than a K3.
Question 3: No, None. She need to get Advanced Parole, takes about 3 months.
Bonus: Question 3 seems to contradict this.
All the forms are on www.uscis.gov
