Australian Visa Waiver - AOS
shuttlex
Can a "married couple" (one of which is USC) enter the US under the
visa waiver program, then decide to stay (say 6 weeks later) and
apply for AOS?
I found this in the instruction forms downloaded from the USCIS site:
Instruction forms for AOS i-485, see page 2 - under the heading:
"Who is Not eligible to Adjust Status", 2nd to last point
It says: [not eligible if] - You were admitted to the US as a visitor
under the Visa Waiver program unless [UNLESS!!] you are applying because
you are an immediate relative of a US citizen (parent, spouse, widow,
widower, or unmarried child under 21)
Anyone ever tried to do this??? If so, when did you get you 1st/interim
EAD from the time of your application?
Cheers
--
Posted via http://britishexpats.com
Olivier Wagner
officer that you didn't plan to get married when you entered in the US.
Typically, if you get married in the first 30 days, you're screwed ; if you
get married between the 30th and 60th day, you'll have to have a good way to
convince the officer ; if you get married between the 60th and 90th day you
should be fine - it's not a law, just something that is often used by
officers.
You can apply for EAD at the same time as AOS - if it takes them more than
90 days to give you an EAD, you can show up at the locla offce to get an
interim one ; therefore, you should expect to receive your EAD 90 days after
your application is received.
"shuttlex" <member45576@british_expats.com> wrote in message
news:34$338660$2999000$11325...@britishexpats.com...
mund...@gmail.com
Would this convincing be easier if the couple is already married such
as if they got married in Austrialia? Would the officer automatically
declare that entry with the visa waiver was fraud?
Manc
My experience.
Arrived November 4th 2000
Married December 8th 2000
First EAD March 19th 2001
Condition PR granted May 2002
Conditions removed Aug 2005.
Been here 5 years, all's fine.
Olivier Wagner
question will be "Did the girl intend to immigrate (i.e. file I-485) to the
US at the time she entered in the US?". I think that it is very likely to be
considered as fraud, however it is up to the individual officer.
What you may consider is to file an I-129f for a finance visa (K1), and have
her to come to the US during the time the I-129f is processing. Then, she
can go back home to apply and pick up her K1 visa and come back to the US
(and file I-485) to live with you forever. This process is completly normal,
she would only have to convince the officer at the POE that she won't
overstay the visa waiver, but there is no way anybody could argue that
either of you commited fraud.
<mund...@gmail.com> wrote in message
news:1132586539....@g44g2000cwa.googlegroups.com...
Manc
I just gave you my experience.
read into it what you want.
I neither endorse nor condone what I did.
mund...@gmail.com
visa waiver did you use in your experience?
aussiemardi
Just going through the process now - An Aussie who came to the US on the
Visa Waiver program. Didn't come intending to stay (that's important
legally), didn't come even intending to marry a USC, but there ya go! If
you travel to the US with the intension of staying, don't come on the
Visa Waiver, because that is illegal, and could get you into trouble.
We've filled out the forms now, and waiting for them to arrive at the
USCIS - hopefully will find out soon the outcome.
Good luck.
meauxna
Where is the Australian citizen right now?
meauxna
Why would you want to take an illegal route when you have a golden
opportunity in front of you?
Do some searches on "Australia DCF" and you'll hopefully see a far
better option.
shuttlex
> Why would you want to take an illegal route when you have a golden
> opportunity in front of you?
> Do some searches on "Australia DCF" and you'll hopefully see a far
> better option.
What is a DCF?
Elvira
> What is a DCF?
direct consular filing
mund...@gmail.com
similar situation. By no means do I want to do anything illegal, I
just want the fastest possible way to get the process going and to be
together with her.
shuttlex
> Why would you want to take an illegal route when you have a golden
> opportunity in front of you?
> Do some searches on "Australia DCF" and you'll hopefully see a far
> better option.
Ok, I've established that the nonimmigrant option could be one of our
better possibilities.
Only problem. We live in Australia - married years ago in Germany... Ha
Ha.
There's always something else isn't there. Anyway, my wife (USC) could
head to the US now and begin the whole nonimmigrant visa process. At
some stage the US consulate in Frankfurt will be notified right?
Q.1 When and how will they notify me about the interview in Frankfurt
considering I am in Australia? - I would then fly to Frankfurt, visit
family and go to the interview, get in a plane again and head for the
US. file AOS.
R.2 How long could this take from the time of the petition being filed
in the US by my wife till the interview in Frankfurt? Hat jemand Lust
auf Scweinehaxe?
Thanks for everyone's input, good luck to those who are still searching.
Elvira
> Ok, I've established that the nonimmigrant option could be one of our
> better possibilities.
> Only problem. We live in Australia - married years ago in Germany...
> Ha Ha.
> There's always something else isn't there. Anyway, my wife (USC) could
> head to the US now and begin the whole nonimmigrant visa process. At
> some stage the US consulate in Frankfurt will be notified right?
>
> Q.1 When and how will they notify me about the interview in Frankfurt
> considering I am in Australia? - I would then fly to Frankfurt,
> visit family and go to the interview, get in a plane again and head
> for the US. file AOS.
>
> in the US by my wife till the interview in Frankfurt? Hat jemand
> Lust auf Scweinehaxe?
>
> Thanks for everyone's input, good luck to those who are still
> searching.
Why would you need to go to Germany? If you are residents of Australia,
why not do DCF there, as Meauxna suggested?
http://www.visajourney.com/forums/index.php?pg=dcf
And I'll pass on the Schweinehaxe, thanks all the same... :)
meauxna
You should really start your own thread, so you get answers that are
appropriate to your case.
Japan is another of the few countries that allow a Direct Consular
Filing of the I-130 when the USC is not normally resident there.
This means that a USC may go to Japan, marry their intended, and file
their petition with the Consulate: http://tokyo.usembassy.gov/e/tvisa-
main.html
Read the info about Immigrant Visas.
Here is a Guide to DCF, which youi should read and understand before
contacting the Consulate:
http://www.visajourney.com/forums/index.php?pg=dcf
This is a useful Guide to understanding the different routes to
Permanent Residency via marriage to a US citizen:
http://www.visajourney.com/forums/index.php?pg=compare
Japan and Australia are unique examples; DCF is not normally an option
unless the USC lives abroad. If all that is too much to figure out, the
K-1 Fiance visa is consistantly the fastest way to get someone to the
US, but not always the best option for every family.
mund...@gmail.com
situations and was trying to offer other ideas that may spark more
helpful information to the thread. Thanks for your help.
shuttlex
> Why would you need to go to Germany? If you are residents of
> Australia, why not do DCF there, as Meauxna suggested?
>
> http://www.visajourney.com/forums/index.php?pg=dcf
>
> And I'll pass on the Schweinehaxe, thanks all the same... :)
To apply for a nonimmigrant visa you need to in the country where the
marriage took place. In our case Germany.
shuttlex
> Why would you need to go to Germany? If you are residents of
> Australia, why not do DCF there, as Meauxna suggested?
>
> http://www.visajourney.com/forums/index.php?pg=dcf
>
> And I'll pass on the Schweinehaxe, thanks all the same... :)
Thanks heaps for that link. Filing DCF for an immigrant visa just might
be the fastest way afterall.
I already have all the documents from the Consulate in Sydney.
Will look into it some more, thanks again.