marry in the US?

[sleepykoara 0]

I am new to the forum, and I have read the comparison page among K1, K3 and IR1/CR1.

I am a naturalized US citizen, and my boyfriend is a naturalized Australian citizen. We plan to tie the knot in Sept 2011, and he will move over to the US. And now we are at the crossroad of deciding what visa to apply. As reading from the posts, it seems like K3 is kinda dead now.

Here are my questions:

Should my boyfriend come to the US in Aug 2011 as a tourist (tourist visa NOT required from Australia), get registered at a local court house (or in a Catholic Church) and then file I-485 (I-864, I-765 & I-131 as well) right after? I know the new I-485 fee includes applications of I-765 and I-131, does it mean that he can return to Australia while waiting??? Is it feasible & legal to execute this plan as I was always under the assumption that he has to stay in the US before the approval is granted? Or I still have to do the K3 application if he flies back to Australia after we registered?

Otherwise, what is my best option?

option 1: he comes over sooner, get registered, and return to Australia. Then I will file the CR1?

option 2: go through the painful K1 application, then get married within 90 days after he arrives?

option 3: ???

Any advice will be greatly appreciated!

Koara

[Krikit 1,164]

If you want to be together right after your marriage then go with the K-1. If you want to marry, first, then go for the CR-1. He can come here to marry and then leave, but then you always have the concern of whether they will allow him entry or not. There are quite a few first-hand accounts on the Board of those who were denied entry and did not make it to their own wedding.

Moving from the IR-1/CR-1 forum to General Immigration Discussion.

Welcome to VJ.

[payxibka 10,045]

Should my boyfriend come to the US in Aug 2011 as a tourist (tourist visa NOT required from Australia), get registered at a local court house (or in a Catholic Church) and then file I-485 (I-864, I-765 & I-131 as well) right after?

Any advice will be greatly appreciated!

This would be considered using a non-immigrant entry with the express purpose to circumvent US immigration law.... not a good idea...

Edited July 19, 2010 by payxibka

[Kathryn41 3,205]

This would be considered using a non-immigrant entry with the express purpose to circumvent US immigration law.... not a good idea...

and to reinforce Payxibka's comments - this is considered Visa Fraud and if he is also found guilty of misrepresentation in committing the visa fraud could lead to a life-time ban from ever entering the US. Don't give this idea any further consideration - it is illegal.

[canadian_wife 1,822]

I agree - visa fraud for him to plan on coming to the US on a tourist visa with the intentions of immigrating. Like Kathryn said, it can result in a lifetime ban.

You can either send the petiting for the K-1 now. When it is issued, he has 6 months to arrive in the US. 90 days after arrival in the US to get married and apply for adjustment of status (at which point he cannot work or travel without authorization)

OR you can marry, you can file the Cr-1 petition, he can return to Aus. and apply for the visa there. Entering the US on the Cr-1 visa results in an immediate green card without the adjustment of status

http://www.visajourney.com/content/compare

Check out the guides and comparason of visas to find out which visa is best for you

Good luck

[HappyRs 8]

...OR..if you are willing to stay with him in Australia for a few months, you can get married there and then apply directly at the Consulate in Australia. I heard this kind of application is processed quicker and you two won't have to be apart all that time.

In any case, reinforcing what everybody said already, don't get married upon his visitor entry. It would be a huge red flag and might bring delays to your case. good luck!

[canadian_wife 1,822]

"staying" in Australis for a few months will not speed up the process through DCF. One needs to be a legal resident of the country (many times for 6 months or more) in order to DCF. To imply that one can visit their spouses country for a few months as a tourist is misleading

Good luck

[lynJer 7]

...OR..if you are willing to stay with him in Australia for a few months, you can get married there and then apply directly at the Consulate in Australia. I heard this kind of application is processed quicker and you two won't have to be apart all that time.

In any case, reinforcing what everybody said already, don't get married upon his visitor entry. It would be a huge red flag and might bring delays to your case. good luck!

Applying to be an Australian resident...forget it....been down that path as an option for my fiance...too expensive, takes too long, and the idiots I had to deal with drove me round the twist....

KVisa should be all through for you both if you start applying now....(why anyone would want to marry and australian man is beyond me...but better you than one of us Aussie girls)...if you wanted to start wedding plans etc, and it looks like the dates are not marrying up..you can apply for extensions etc...and if they arent granted...then you could always do a court house wedding-as the consulate see marriage as just paperwork - then do the big wedding on the day as you plan....give yourselves 7 to 8 mths from woe to go....

And good luck with that aussie bloke....Im sure youll get him straightened out....they seem to listen to their American wives - hahaha youll be right...hope your life is fun.

[belluco86 3]

The way I see it K1 is best option... Option one take that thought off your mind... It's illegal and can bring painful consequences

[JimVaPhuong 4,863]

Applying to be an Australian resident...forget it....been down that path as an option for my fiance...too expensive, takes too long, and the idiots I had to deal with drove me round the twist....

KVisa should be all through for you both if you start applying now....(why anyone would want to marry and australian man is beyond me...but better you than one of us Aussie girls)...if you wanted to start wedding plans etc, and it looks like the dates are not marrying up..you can apply for extensions etc...and if they arent granted...then you could always do a court house wedding-as the consulate see marriage as just paperwork - then do the big wedding on the day as you plan....give yourselves 7 to 8 mths from woe to go....

And good luck with that aussie bloke....Im sure youll get him straightened out....they seem to listen to their American wives - hahaha youll be right...hope your life is fun.

It's the accent. Some American girls get all soft and gooey when they hear an Aussie accent. Go figure.

[lynJer 7]

OMG Fancy getting gooey over an Australian Accent...they used to give us lessons in speaking with an English accent when I first started school....in fact, teachers throughout my school years would insist we didnt speak so aussie and we were never allowed to use too much slang. To all you lovely American women out there....BEWARE...cos eventually that man you love is gunnu fade from being the fun bronzed Aussie muscley macho male into his usual Australian beer loving ways where his male mates reign supreme, along with male groging on sessions in the public bar, fishing and male bonding groups at the cricket or footy where no women are allowed...generally his women comes second to all this. ....and good luck trying to change them...as them aussie mates all stick together and will talk their married friend away from his loving wife as quick as you can say cooeee!

cheers....

[tokyo.lovers 6]

sometimes you can get away with the fraud at the border. a lot of people do. but it is a risk.

if possible you should file directly outside the usa. it's the fastest way to get the visa.