Help on plan of action

[chixen 0]

Hi,

I am from Australia and just spent 2.5 months in the USA with my girlfriend.

I plan on flying back soon and am wondering which is the best course of action to take for me to stay there with her, there are two options, and I would greatly appreciate any information about which is best.

option 1) I will fly over soon on a Tourist Visa, we will get engaged and file all of the forms over there and apply for an extension on my visa until the process is complete, then marry. I've both heard and read of people that have done it that way - are we actually able to file the forms while I am in the country, and can I file for an extension to stay after we send the forms in?

option 2) I will fly over soon on the Visa Waiver Program, put in the forms as soon as I arrive, stay for 3 months, then fly back. this plan is obviously not as nice sounding for us. but the same questions apply, are we able to file the forms while I am there and complete/wait for the process to complete while I am back in Australia after 3 months. at least that would be a chunk out of the waiting period.

any advice would be really awesome.

Thanks.

[payxibka 10,045]

Hi,

I am from Australia and just spent 2.5 months in the USA with my girlfriend.

I plan on flying back soon and am wondering which is the best course of action to take for me to stay there with her, there are two options, and I would greatly appreciate any information about which is best.

option 1) I will fly over soon on a Tourist Visa, we will get engaged and file all of the forms over there and apply for an extension on my visa until the process is complete, then marry. I've both heard and read of people that have done it that way - are we actually able to file the forms while I am in the country, and can I file for an extension to stay after we send the forms in?

option 2) I will fly over soon on the Visa Waiver Program, put in the forms as soon as I arrive, stay for 3 months, then fly back. this plan is obviously not as nice sounding for us. but the same questions apply, are we able to file the forms while I am there and complete/wait for the process to complete while I am back in Australia after 3 months. at least that would be a chunk out of the waiting period.

any advice would be really awesome.

Thanks.

option one, as presented, will require a trip back home for a visa interview as well..... which will occur sometime between "process complete" and "marry"

[pushbrk 12,883]

Hi,

I am from Australia and just spent 2.5 months in the USA with my girlfriend.

I plan on flying back soon and am wondering which is the best course of action to take for me to stay there with her, there are two options, and I would greatly appreciate any information about which is best.

option 1) I will fly over soon on a Tourist Visa, we will get engaged and file all of the forms over there and apply for an extension on my visa until the process is complete, then marry. I've both heard and read of people that have done it that way - are we actually able to file the forms while I am in the country, and can I file for an extension to stay after we send the forms in?

option 2) I will fly over soon on the Visa Waiver Program, put in the forms as soon as I arrive, stay for 3 months, then fly back. this plan is obviously not as nice sounding for us. but the same questions apply, are we able to file the forms while I am there and complete/wait for the process to complete while I am back in Australia after 3 months. at least that would be a chunk out of the waiting period.

any advice would be really awesome.

Thanks.

option one, as presented, will require a trip back home for a visa interview as well..... which will occur sometime between "process complete" and "marry"

Option three would be to file the petition now then follow either option 1 or 2 being certain you do not overstay the allowed time given at the port of entry. "Getting engaged" for immigration purposes is as simple as agreeing to marry and providing the required original letters of intent with the petition.

[chixen 0]

option one, as presented, will require a trip back home for a visa interview as well..... which will occur sometime between "process complete" and "marry"

hmm, but it's still acceptable to file the forms while I am in the USA after I arrive on a tourist visa? just worried that it will not be the correct way of doing it. and would I be able to at least wait (apply for an extension) until the USA side of the process is complete? that way I could just fly back for the interview, get my K1, and fly straight back on the K1.. that would work out just fine. if I have to fly back only for the interview, no problem!

I'm just really paranoid, either way I get there. as long as it is acceptable to file the forms while I am in the country, then at least we can wait for 3 months of the processing time together... that would help a lot. but if I can extend a tourist visa due to processing of the K1 so that I can stay until it's complete, that would be PERFECT.

we're just looking for a way to be able to stay together for the entire process, and I was told by someone that they did the whole process, while in America. (the guy was from Australia, too)

[chixen 0]

Option three would be to file the petition now then follow either option 1 or 2 being certain you do not overstay the allowed time given at the port of entry. "Getting engaged" for immigration purposes is as simple as agreeing to marry and providing the required original letters of intent with the petition.

we were originally going to do that, but it was a little weird for both of us - it's more that we would like to have the process be more real, we would like to spend at least a little time together as an engaged couple.. hence the initial trip very soon just before filing the forms.

[pushbrk 12,883]

option one, as presented, will require a trip back home for a visa interview as well..... which will occur sometime between "process complete" and "marry"

hmm, but it's still acceptable to file the forms while I am in the USA after I arrive on a tourist visa? just worried that it will not be the correct way of doing it. and would I be able to at least wait (apply for an extension) until the USA side of the process is complete? that way I could just fly back for the interview, get my K1, and fly straight back on the K1.. that would work out just fine. if I have to fly back only for the interview, no problem!

I'm just really paranoid, either way I get there. as long as it is acceptable to file the forms while I am in the country, then at least we can wait for 3 months of the processing time together... that would help a lot. but if I can extend a tourist visa due to processing of the K1 so that I can stay until it's complete, that would be PERFECT.

we're just looking for a way to be able to stay together for the entire process, and I was told by someone that they did the whole process, while in America. (the guy was from Australia, too)

There's just no assurance your extension would be approved. Frankly it's not likely because after filing the I-129F petition, your immigrant intent is established. Do not overstay your alloted time waiting on an answer to your extension request. It's good you're weighing your options but I wouldn't count on being able to stay more than three month on your next vist.

[chixen 0]

There's just no assurance your extension would be approved. Frankly it's not likely because after filing the I-129F petition, your immigrant intent is established. Do not overstay your alloted time waiting on an answer to your extension request. It's good you're weighing your options but I wouldn't count on being able to stay more than three month on your next vist.

understood

I can definitely file the forms while I am there though, correct? that's perfectly acceptable? so that I can at least make 3 months of this wait easier, if they deny my extension (or it doesn't arrive in time) I will certainly travel back to Australia for the rest of the process.

Do you think it's worth going over on a Tourist Visa instead of the VWP, just in CASE the extension is approved?

I plan on booking my flight very, very soon.. so I'm desperately trying to confirm the best course of action.

thanks so much for everyone's advice so far

[pushbrk 12,883]

There's just no assurance your extension would be approved. Frankly it's not likely because after filing the I-129F petition, your immigrant intent is established. Do not overstay your alloted time waiting on an answer to your extension request. It's good you're weighing your options but I wouldn't count on being able to stay more than three month on your next vist.

understood

I can definitely file the forms while I am there though, correct? that's perfectly acceptable? so that I can at least make 3 months of this wait easier, if they deny my extension (or it doesn't arrive in time) I will certainly travel back to Australia for the rest of the process.

Do you think it's worth going over on a Tourist Visa instead of the VWP, just in CASE the extension is approved?

I plan on booking my flight very, very soon.. so I'm desperately trying to confirm the best course of action.

thanks so much for everyone's advice so far

Sure, if you can obtain a tourist visa, that's probably a better idea but there's no gaurantee you'll be granted a 90 day stay when you enter, particularly since you were just here for 75 days.

[payxibka 10,045]

There's just no assurance your extension would be approved. Frankly it's not likely because after filing the I-129F petition, your immigrant intent is established. Do not overstay your alloted time waiting on an answer to your extension request. It's good you're weighing your options but I wouldn't count on being able to stay more than three month on your next vist.

understood

I can definitely file the forms while I am there though, correct? that's perfectly acceptable? so that I can at least make 3 months of this wait easier, if they deny my extension (or it doesn't arrive in time) I will certainly travel back to Australia for the rest of the process.

Do you think it's worth going over on a Tourist Visa instead of the VWP, just in CASE the extension is approved?

I plan on booking my flight very, very soon.. so I'm desperately trying to confirm the best course of action.

thanks so much for everyone's advice so far

Sure, if you can obtain a tourist visa, that's probably a better idea but there's no gaurantee you'll be granted a 90 day stay when you enter, particularly since you were just here for 75 days.

Agreed, there is no way to know what will happen at the POE, but my take would be that the POE officer would choose one of two things... A second admission for 90 days, or turn you around and send you back home. YMMV

[chixen 0]

would I be less likely to be turned away on the VWP? or is the risk purely due to the fact that I just spend 2.5 months there?

I plan on booking the return flight just in case so that I can show them at the POE that I intend to return home

[payxibka 10,045]

would I be less likely to be turned away on the VWP? or is the risk purely due to the fact that I just spend 2.5 months there?

I plan on booking the return flight just in case so that I can show them at the POE that I intend to return home

no, it is based on the totality of the evidence.. an actual visa issued by a consulate does not guaranty entry

Edited February 11, 2009 by payxibka

[chixen 0]

would I be less likely to be turned away on the VWP? or is the risk purely due to the fact that I just spend 2.5 months there?

I plan on booking the return flight just in case so that I can show them at the POE that I intend to return home

no, it is based on the totality of the evidence.. an actual visa issued by a consulate does not guaranty entry

oh I understand that

I meant if I went on a VWP, since you can NOT extend that in any way... would they be more likely to let me in?

I'm weighing up whether or not to get a tourist visa or go on the VWP, that is the second last thing I need to work out.. the last thing is getting through customs / what to tell them, which is of great concern to me.

or should I just take as much evidence as possible that I intend to return home?

I actually planned on telling them, ONLY if all else failed, that me and my girlfriend plan on filing for a K1 *after* I return from this trip, and that this trip was to just have time to propose properly and spend some actual time together as an engaged couple before we had to spend a long time apart while we waited for the K1 to process. or is that suicide? even if all else fails and they aren't letting me in?

[chixen 0]

I think what I plan on doing is getting a Tourist Visa and just taking as much evidence that I intend to return home as possible and hoping for the best.

unless someone can advice me otherwise, or has a better plan of action

[chixen 0]

I would be a million times more confident with confirmation from someone that it is ok to submit the forms while I am there with my girlfriend.

at least then if I am admitted through customs for 3 months... we have 3 months of processing time to spend with each other before I have to return home for the rest of the wait and for my interview.

[Kevin&Leilei 1]

You, as the foreign beneficiary, do not submit anything. The US citizen submits a petition for you. Where you are when the petition is submitted does not matter.