Married to U.S. citizen, about to travel to U.S., questions please help

[dreamcircus 0]

I am an Australian who married a U.S. citizen in May in the U.S. Then we travelled to Australia for honeymoon and have lived here for 6 months. We are returning to the U.S. in November to live. We have not yet begun the K-3 process for me yet. My questions are:

1) Can we begin the K-3 process (her to file petition for me, etc) while I'm in the U.S. legally on the 3-months visa-waiver(what Aussies typically enter U.S. with)? Would the fact that I will enter on what is technically a "visit" disadvantage me in any way when she files for the petition? When she files for K-3 petition will I have to be outside the U.S. at the time of filing? (I hope not)

2) I am considering getting a 6-months visitor's visa before entering the States so I can remain in the U.S. for 6 months while the K-3 process is under way, would consular officials treat me negatively during the visitor visa interview because I'm getting a visitor's visa to stay in the U.S. longer for Immigration purposes?

Thank you

[pushbrk 13,111]

I am an Australian who married a U.S. citizen in May in the U.S. Then we travelled to Australia for honeymoon and have lived here for 6 months. We are returning to the U.S. in November to live. We have not yet begun the K-3 process for me yet. My questions are:

1) Can we begin the K-3 process (her to file petition for me, etc) while I'm in the U.S. legally on the 3-months visa-waiver(what Aussies typically enter U.S. with)? Would the fact that I will enter on what is technically a "visit" disadvantage me in any way when she files for the petition? When she files for K-3 petition will I have to be outside the U.S. at the time of filing? (I hope not)

2) I am considering getting a 6-months visitor's visa before entering the States so I can remain in the U.S. for 6 months while the K-3 process is under way, would consular officials treat me negatively during the visitor visa interview because I'm getting a visitor's visa to stay in the U.S. longer for Immigration purposes?

Thank you

You may "visit" not "live in" the US using the VWP. As the spouse of a US Citizen with immigrant intent, you don't qualify for a visitor visa. Filing petition for a spouse visa can be accomplished when you wish, without regard to your location at the time of filing. "Visiting" and the spouse visa process are completely separate issues, as long as you comply with the applicable laws.