Can my aussie spouse be in the US on a visa waiver while I begin applying for a K-3?

[usaus 0]

I am a US citizen and am marrying an aussie next week, who is currently in the US on a visa waiver. He plans to leave the US before the 90 days expire and then return t to restart the time. In the meantime I was planning to begin the filing for a K3 Visa. While I realize he needs to be in Aus for the interview, does anyone know if there is a problem with him being in the US in the meantime (as long as he is here legally)?

Also, information regarding anyone's experiences with Canada restarting visa waiver periods would be helpful...

[ChristinaM 0]

You may be able to investigate the DCF option instead, allowing your hubby to enter with a CR1 visa and conditional status right away. Check out the DCF forum and FAQ also!

[meddykomp 0]

I do not quite understand you question about Canada. However, there isn't a law stating that your spouse cannot enter on visa waiver, however there is a chance of being denied entry if he is thought to have immigrant intent. It's a gamble that many take, some win some lose.

[usaus 0]

You may be able to investigate the DCF option instead, allowing your hubby to enter with a CR1 visa and conditional status right away. Check out the DCF forum and FAQ also!

Thank you--that was really helpful!

[aussiewench 9]

Also, information regarding anyone's experiences with Canada restarting visa waiver periods would be helpful...

This was something I looked into when I was in the US last year. It was my understanding that it couldnt be done. Its a different setup then what eg can be done with those here in australia on the VWP who are able to basically continue restarting by hopping across to NZ and back. I do know eg if one enters Canada from the US, on reentry to the US, that one can reenter only for the balance of the original VWP. If one is travelling other then by land then it can be done but I did read somewhere, just cant remember where, that it can be more difficult as the usual way to enter the US for periods longer then 90 days when one is from a VWP country is to get a visa.

Q: Can a VWP applicant for Admission Be Readmitted To the United States Follwing a Short Trip To an Adjacent Island, Canada, or Mexico?

A: Generally, VWP applicants admitted under the VWP may be readmitted to the United States after a departure to Canada or Mexico or adjacent islands for the balance of their original admission period. This is provided they are otherwise admissible and meet all the conditions of the VWP, with the exception of arrival on a signatory carrier, in which case the inspecting officers have the discretion to grant the applicants entirely new periods of admission.

The VWP applicant is admissible and may be readmitted to the United States under the VWP after a departure to Canada or Mexico or adjacent islands provided the person:

1. Can identify an authorized period of admission that has not expired,

2. Plans to depart the United States prior to the expiration date of their period of admission,

3. Presents valid, unexpired passports which reflect admission to the United States under the VWP, and

4.Continues to meet all criteria set forth in 8 CFR 217 and section 217 of the Immigration and Nationality Act (Act), with the exception of arrival on a signatory carrier.

I agree on the DCF suggestion

[usaus 0]

Also, information regarding anyone's experiences with Canada restarting visa waiver periods would be helpful...

This was something I looked into when I was in the US last year. It was my understanding that it couldnt be done. Its a different setup then what eg can be done with those here in australia on the VWP who are able to basically continue restarting by hopping across to NZ and back. I do know eg if one enters Canada from the US, on reentry to the US, that one can reenter only for the balance of the original VWP. If one is travelling other then by land then it can be done but I did read somewhere, just cant remember where, that it can be more difficult as the usual way to enter the US for periods longer then 90 days when one is from a VWP country is to get a visa.

Q: Can a VWP applicant for Admission Be Readmitted To the United States Follwing a Short Trip To an Adjacent Island, Canada, or Mexico?

A: Generally, VWP applicants admitted under the VWP may be readmitted to the United States after a departure to Canada or Mexico or adjacent islands for the balance of their original admission period. This is provided they are otherwise admissible and meet all the conditions of the VWP, with the exception of arrival on a signatory carrier, in which case the inspecting officers have the discretion to grant the applicants entirely new periods of admission.

The VWP applicant is admissible and may be readmitted to the United States under the VWP after a departure to Canada or Mexico or adjacent islands provided the person:

1. Can identify an authorized period of admission that has not expired,

2. Plans to depart the United States prior to the expiration date of their period of admission,

3. Presents valid, unexpired passports which reflect admission to the United States under the VWP, and

4.Continues to meet all criteria set forth in 8 CFR 217 and section 217 of the Immigration and Nationality Act (Act), with the exception of arrival on a signatory carrier.

I agree on the DCF suggestion

Thanks! So, have you heard of aliens on a visa waiver flying to say, Vancouver, from San Fran, letting their VWP expire, and then being granted an additional VWP upon return flight to the US? I am just trying to dtermine whether its worth a try or should he just go RT to say, Europe and return in a few weeks? His intent would actaully be to leave as I would go to Oz with him to apply for the DCF (although I would need to get everything done in the UA as possible as I can only go for a week in June). Anyway, I appreciate the help. This is all very overwhelming and we really want to be together.

[mwfaith1971 0]

as far as i know, to reinstate the VWP you have to go to a country not physically connected to the Continental United States. ie: you have to go to europe, australia, asia or elsewhere to be able to get VWP started again.

the problem with doing that would be that he may get refused entry eventually, as they will see that he is going in and out all the time. unless he has tens of thousands of dollars in the bank and can prove it, they could well refuse him because they think he will work illegally to support himself...regardless of how much money you have to support him.

also, i think someone already said that you should be able to get married and apply for AOS straightaway as long as you can prove that when he came over on VWP he had NO INTENT to stay/bypass the law.

another member, that i can think of off the top of my head, named kezzie has just gone through that so it might be worth while sending her a pm and see if she can answer your questions or tell you what she did.

good luck with whatever you decide.

matt

Edited March 12, 2006 by mwfaith1971

[usaus 0]

as far as i know, to reinstate the VWP you have to go to a country not physically connected to the Continental United States. ie: you have to go to europe, australia, asia or elsewhere to be able to get VWP started again.

the problem with doing that would be that he may get refused entry eventually, as they will see that he is going in and out all the time. unless he has tens of thousands of dollars in the bank and can prove it, they could well refuse him because they think he will work illegally to support himself...regardless of how much money you have to support him.

also, i think someone already said that you should be able to get married and apply for AOS straightaway as long as you can prove that when he came over on VWP he had NO INTENT to stay/bypass the law.

another member, that i can think of off the top of my head, named kezzie has just gone through that so it might be worth while sending her a pm and see if she can answer your questions or tell you what she did.

good luck with whatever you decide.

matt

Thanks! Yeah, we could do that and apply for AOS but he would lose his travel privileges until being given PR status (which can take forever in SF). So, we were just going to try and get him in for another 90 days, delay the wedding until then so border control won't think he is trying to remain in the US w/his wife (we decided this yesterday after learning about the DCF). Then, get married, he would fly to Aus earlier, get as much done as possible, I would fly for the interview (I can only get 1 week off of work) and then he would come back w/the Visa once granted. It's fine--I will get to meet my new in-laws on the Gold Coast.

So, the reason we are not filing for AOS here is because of the limitation of travel privileges until you are a PR (then you can apparently for up to a year). So, getting an additional 90 days from Canada would obviously be cheaper than from Thailand. If anyone has further insight, I appreciate all comments! Thanks!

[ChristinaM 0]

I married on the VWP, and if you wish to travel and work immediately I'd advise sitting out the DCF process

[zyggy 9]

as far as i know, to reinstate the VWP you have to go to a country not physically connected to the Continental United States. ie: you have to go to europe, australia, asia or elsewhere to be able to get VWP started again.

the problem with doing that would be that he may get refused entry eventually, as they will see that he is going in and out all the time. unless he has tens of thousands of dollars in the bank and can prove it, they could well refuse him because they think he will work illegally to support himself...regardless of how much money you have to support him.

also, i think someone already said that you should be able to get married and apply for AOS straightaway as long as you can prove that when he came over on VWP he had NO INTENT to stay/bypass the law.

another member, that i can think of off the top of my head, named kezzie has just gone through that so it might be worth while sending her a pm and see if she can answer your questions or tell you what she did.

good luck with whatever you decide.

matt

What you suggest is what is known in CBP circles as flipping... and it doesn't work... They're definitely onto that...

[zyggy 9]

as far as i know, to reinstate the VWP you have to go to a country not physically connected to the Continental United States. ie: you have to go to europe, australia, asia or elsewhere to be able to get VWP started again.

the problem with doing that would be that he may get refused entry eventually, as they will see that he is going in and out all the time. unless he has tens of thousands of dollars in the bank and can prove it, they could well refuse him because they think he will work illegally to support himself...regardless of how much money you have to support him.

also, i think someone already said that you should be able to get married and apply for AOS straightaway as long as you can prove that when he came over on VWP he had NO INTENT to stay/bypass the law.

another member, that i can think of off the top of my head, named kezzie has just gone through that so it might be worth while sending her a pm and see if she can answer your questions or tell you what she did.

good luck with whatever you decide.

matt

What you suggest is what is known in CBP circles as flipping... and it doesn't work... They're definitely onto that...

Regardless of staying in adjusting.. as an Australian you have the golden opportunity to get a CR-1 visa that leads to a GC in a relatively small amount of time. You don't have to worry about what happens if the USCIS adjudicator has a bad day and denies you, you don't have to feel the uncertainty all the time.

You can take the time and have both of you go to Australia and start the CR-1 visa process and have the safety that a CR-1 visa brings, or you can adjust in the US and roll the dice...

[ChristinaM 0]

DCF through Oz is something quite special, I believe, and the benefits on entry FAR outweigh (in my opinion) the relatively short time apart. To be able to enter on a CR1 and be able to work immediately, travel, all the good stuff is an enormous benefit.