Whoops?

[Mistaken 0]

I'm not sure if this belongs in this subforum but it appears to be the best option.

I am from Australia. I came to visit America for three months to meet my then boyfriend now husband, but returned home at the end of my visa waiver program. I have again entered the country on the visa waiver and as a spur of the moment thing my boyfriend-come-husband preposed and we were married at a chapel that day. He said he had been thinking about me the whole time I was gone [only two months] and that seeing me again made him realise he couldnt let me go again.

Well, a few days later I'm still giggly and happy as can be... then I start trying to find out where we go from here.. I find this site and many others and it looks like what we have done is wrong? I'm not sure what to do as far as visas are concerned, now. I still have 2 and 1/2 months left on my visa waiver but the last thing I want to do is leave him - he proposed because he felt the same way, it would hurt too much to be apart again, especially now that we are married.

Is there any possible course of action for us, other than my going back to Australia and us filing for a spousal visa? This would be difficult for us financially as well as emotionally, but we would be willing to do it if it was the only way.

thankyou in advance for any advice.

Mistaken.

[luv2teach77 41]

It sounds to me like this was a spur of the moment thing and that there was no prior intent on your part to get married during this visit. Because of that I don't see any reason why you cannot start the AOS process ASAP which would enable you to remain the US from this point forwards. However, it should be noted that once you start the AOS process, you should remain in the US until it is complete. Leaving for any reason during the AOS process would be considered an abandonment of that AOS application.

Check the guides section for more info on the AOS process.

Good luck

Mark

[Kez/JWolf 6]

Congratulations on your wedding..... you can file for Adjustment of Status and remain here in the states.... the only problems you will have is if you cant prove you had intended to return to your home country... If you entered the states with the intent to get married and remain then you will have to return to your home country and file for K3... but if like you say you can and got married on the spur of the moment and you had no intention of remaining in the States then yes you can file for AOS...

There are risks in going this route.... you have no right of appeal if you are denied... you can not leave the States until you have your Greencard and of course you may not have any evidence to prove tht you did intend to return home.....

Good Luck with whatever route you decide to take....

Kezzie

[Mistaken 0]

I'm not sure what would count as evidence? I have a rental lease in my name that goes for another six months, and I had enrolled in classes for this year but they dont start until I was scheduled to get back so I dont think that would be a very solid argument.. hm. I'll try to think of other things ...

####### it's making me stress about the issues I've created by staying here, now. #_#

[gwenneh 7]

I'm not sure what would count as evidence? I have a rental lease in my name that goes for another six months, and I had enrolled in classes for this year but they dont start until I was scheduled to get back so I dont think that would be a very solid argument.. hm. I'll try to think of other things ...

####### it's making me stress about the issues I've created by staying here, now. #_#

Both the lease and class enrollment make a very pressing case for your intent to return home! You should be fine, just as everyone else said DON'T plan on leaving the country AT ALL until the AOS is done and you have your green card in your hand. Also be aware that this process can take a few months at best, or even longer if you're unlucky. Hopefully you have someone back home who can take care of your affairs for the time it will be necessary for you to be here.

If you don't and you absolutely must return home before AOS is done, you'll have to apply for a K-3 visa to come back here to live permanently.

[Kez/JWolf 6]

Your lease and a return flight ticket should be good enough...... thats all I had and I was not even asked about it.....

Go read the guide to AOS and get started.... you will need to get a medical done and lots of photos to include with your packet.... take your time and please feel free to ask as many questions as you need....

Try not to get to stressed.... I was in the same situation this time last year and now I am a greencard holder.....

Hugs Kezzie

[Mistaken 0]

Thankyou so much for your reassuring and kind words. I'm off to read the AOS guidelines right now! I'm still walking on sunshine after my love proposed so they shouldnt melt my brain too much.

Soldier on!

[zyggy 9]

I suggest that you take your evidence (the lease, course registration, car loans?, etc.) and have a consultation with an immigration attorney that is familiar with family type adjustment cases and have them go over the evidence with you to see if in their opinion it would help or hinder your case. Based on your discussion with the attorney about the evidence and the risks of adjusting based on a tourist status, you and your spouse will need to weigh the risks and come to a conclusion to see if that is what you want to do.

As a sidebar, you may want to consider getting an immigrant visa from Australia by doing a procedure known as DCF. In this process, your USC spouse will need to travel to Australia and file an I-130 at the consulate in Sydney. Australia allows US Citizens who are not reisdent in Australia to file the I-130 for an immigrant visa. This would be a much safer and faster way for you to get your Permanent Resident Status. It would only take about 3 to 4 months to get. There is an entire thread about doing DCF from Australia at the DCF forum on this site. You may wish to ask some questions there.

Edited February 13, 2006 by zyggy

[pax 0]

There are risks in going this route.... you have no right of appeal if you are denied...

That is the biggie! And it does happen. A VJer attempting to adjust from VWP was denied not so long ago; it was very sad. It's not terribly common, particularly if everything you've told us is true, but be aware of that risk.

If you are comfortable with the risk, Zyggy has offered you a good pointer: Consult with, and possibly retain, an experienced immigration attorney.

Good luck.

As a sidebar, you may want to consider getting an immigrant visa from Australia by doing a procedure known as DCF. In this process, your USC spouse will need to travel to Australia and file an I-130 at the consulate in Sydney. Australia allows US Citizens who are not reisdent in Australia to file the I-130 for an immigrant visa. This would be a much safer and faster way for you to get your Permanent Resident Status. It would only take about 3 to 4 months to get. There is an entire thread about doing DCF from Australia at the DCF forum on this site. You may wish to ask some questions there.

That too! Being Australian, it might be wise to attempt a DCF. The process is very quick; you could go back to Australia to settle any loose ends you have there, and then come back with a spousal visa.

[w¡n9Nµ7 §£@¥€r 123]

I suggest that you take your evidence (the lease, course registration, car loans?, etc.) and have a consultation with an immigration attorney that is familiar with family type adjustment cases and have them go over the evidence with you to see if in their opinion it would help or hinder your case. Based on your discussion with the attorney about the evidence and the risks of adjusting based on a tourist status, you and your spouse will need to weigh the risks and come to a conclusion to see if that is what you want to do.

As a sidebar, you may want to consider getting an immigrant visa from Australia by doing a procedure known as DCF. In this process, your USC spouse will need to travel to Australia and file an I-130 at the consulate in Sydney. Australia allows US Citizens who are not reisdent in Australia to file the I-130 for an immigrant visa. This would be a much safer and faster way for you to get your Permanent Resident Status. It would only take about 3 to 4 months to get. There is an entire thread about doing DCF from Australia at the DCF forum on this site. You may wish to ask some questions there.

Excellent advice!