VWP approval after B2 visa denied

[Harpa Timsah 13,258]

I think there is a way that he doesn't have to come back to the US without you. If you want to marry in Australia, your husband could get a co-sponsor for the affidavit of support, so he wouldn't have to go back to US for that. He will need to prove domicile in the US, here is a link about that subject. http://www.visajourney.com/forums/topic/164618-proving-domicile-when-not-living-in-the-us/

Good luck.

[lynJer 7]

OK....

My gorgeous hubby and I agonized over who goes to which country for over 20 something years...in a nutshell...

Aussie Govt dont really care if you are married or not...so if you can prove 2 years living together....you guys are married...got a bank account in joint same address??? Or any other documentation....that will help you...

I have been told that if you are married then apply to USGovt for the married spousal visa you GET PRIORIOTY OVER THE K1....

If I had my time again....I would get married in Aust - for you aussie family members... and then visit under the visa waiver to the USA when you can whilst awaiting the visa ####### to be completed....or await the 2 years after marriage and apply for us status...apparently its easier....heaps of jobs in australia....GO TO THE MINES....bulk money to be had there while you await the 2 years....

AOS from VWP can occur....there has been some on this web site that been here illigel for over 3 years...and after being married for 3 years did their AOS and its a bit of a 'no worries' heres your 10 year green card'....but phew...how stressfull that would be....

Im not a fan of k1....its been a big expensive load of waste of my life....

Good Luck....keep me informed what you ended up with.....cheers.

[Harsh_77 718]

CR1 and K1 are seprate visa, I dont think either one holds priority over one.

Its some times one visa are getting approved faster over other, based on how many employees are assigned to each.

But K1 would be more expensive thats for sure, best option would be get married there, your hubby can come home start the job as you mentioned and file for your CR1 and hopefully either he can find a co-sponsor or he has enough income where he would not need one and you can migrate behind him.

[Sergi9 110]

OK....

AOS from VWP can occur....there has been some on this web site that been here illigel for over 3 years...and after being married for 3 years did their AOS and its a bit of a 'no worries' heres your 10 year green card'....but phew...how stressfull that would be....

Someone who is on VWP and stayed three years is not illegal they are out of status. INA is not a criminal statute.

"AOS from VWP can occur" it's true, however in the context of this thread and the discussion of the OP who posted here and the circumstances under which the OP discusses it here in this thread, AOS from tourist VISA would be fraud.

[JeroenAndMichelle 28]

There has been said a lot in this topic already, but I kind of missed one thing, and that is regarding the ESTA.

The ESTA form you have to fill in online is a decision made by a computer, not a real person. In every case, the immigration officer at the border will check if you are really eligible to enter the US. I have seen quite a few cases of people who got approved on their ESTA but were turned around at the border.

You have to understand that the ESTA is no guarantee to also be able to enter the US. It is an approval to fly to the US, but no approval to also enter the US. To get approval to enter the US on VWP lies with the IO instead. If he/she decides that, again, you have too little ties to your home country, or based on a earlier decision (the refused B2 visa), then he might send you straight back to where you came from.

[LD2B 0]

Oh great! I didn't know that about the CR-1 and being able to get a greencard straight away as not working for those months waiting for everything to process is a big hurdle!

Apparently the 7 months is the current wait time for Vermont - it went up recently, I have that from a reliable source and also my boyfriends cousin who just got her Cuban fiance in on the K1 in the same state.

Does anyone know at what point in the process he has to be back in the states to prove domicile and income etc? ie - can we start the process and him come back here for a few months until the NOA1 comes through then go back to sort the rest out or is it from day one of the application? If it is only half way through it could mean we don't have to be apart for the whole 9 months!

Also, I am a little uncertain about a lawyer not being faster let alone possibly taking longer. I know here at least using a lawyer can speed up the process significantly! If we don't have to use one that would be great, as I said we have had a cousin do it recently so she could help us the whole way as she used a lawyer and our case is very straight forward.

Also - what is a DRC out of curiosity? is that Defacto? He hasn't been a perm resident here, he's only on a working holiday visa at the moment so not applicable but curious.

I understand completely that the ESTA is not a guarentee - hence my post here. That's exactly what I'm asking as to whether the IO is going to give me a really hard time over my previous denial. My fear, which has been reaffirmed here is that yes, he will.

Thanks *lynJer* for your post, I have been told time and time again that the CR1 takes longer than the K1, now that the wait period in vermont is 7 months it appears they will be about the same. I think we'll end up living in the states so I would quite like to get married here and have a little more time in Australia with my fam and friends before making that move to the CR1 option sounds good except my boyfriend is quite homesick and i'm not sure he is too keen on the idea (which i know isnt' fair on me but keeping him here when he's not happy isn't fair on him either)

So it's goign to be a lot of sacrifice on both our parts, it's just making the decision on how we go about doing it all now.

Thanks!

[LD2B 0]

I think there is a way that he doesn't have to come back to the US without you. If you want to marry in Australia, your husband could get a co-sponsor for the affidavit of support, so he wouldn't have to go back to US for that. He will need to prove domicile in the US, here is a link about that subject. http://www.visajourney.com/forums/topic/164618-proving-domicile-when-not-living-in-the-us/

Good luck.

THANK YOU THANK YOU THANK YOU!!!

He is only here temporarily and we have every intention of returning to the US and I think it may be possible to prove this between him applying (and hopefully getting) a job there, his bank accounts, tax returns and only having a one year visa here (finishing in October).

I really can't thank everyone enough for all your help - it's amazing how much more relived I feel knowing others have gone/are going through this and have survived!

[VanessaTony 3,567]

Congrats on your pending marriage! I want to first dispel what you've been lied to about. it will NOT take 14 months. It will NOT take over a year. Australia is a low fraud consulate and with our help we'll be able to show you what to do to make sure you get the quickest possible turn around (I'll explain that later).

I'll explain the process a little so this isn't confusing. When your fiance/husband files a petition for you (whether K1 or CR-1) he will first get a NOA1. NOA stands for "Notice of Action" and the first one is basically a receipt. NOA2 is the petition approval. This doesn't mean you're allowed to move to the US, it means the US government has given approval for YOU to apply for a K1 or CR-1 visa. The NOA1 to NOA2 time is what takes a while. This is around 7 months at the moment but it is speeding back up and is more like 5 now. The handy thing about this site is how many people are going through it so you have an idea of wait times.

The K1 is the only visa I know so I can tell you that after the NOA2 you're looking at 2-3 months till you get your visa. A lot depends on you and how quickly you present the required documents. This is what I meant by "we" can help you do that quicker because we've done it and learned from it.

The K1 visa wasn't a hassle for me at all. The reason Tony and I chose the K1 is because we weren't married and I was in Australia at the time and he in the US. We didn't have the money for a plane ticket RIGHT THEN and we didn't want to wait till we had the money for the flight to file. We also didn't want to have the first half (at least) of our first year of our marriage apart. Tony also made/makes enough money that me not working isn't a big deal. Me working would be great but he can support us. That's the hassle with AOS... you can't leave the US and you can't work until you have either the EAD, AP or GC.

The CR-1 visa is better in that you get the GC on entry but like I said, I didn't enjoy being apart. HOWEVER your bf (then husband) could file the CR-1 while still in Australia and spend a while with you. He WILL need to organise a co-sponsor who will need to be someone who earns enough to support you plus the co-sponsors family size. They must also be an LPR or USC.

The wait times aren't as awful as they are in some countries and your (then) husband could be getting things in order for you to come to in the US. Somewhere to live, a job etc.

A lawyer usually slows things down, not always, usually. They get their secretaries to do the work, the make mistakes that you have to fix, THEIR priority isn't quickly filing and returning documents when asked, yours is. YOU are not the only case they're working on, but for you it would be. Having a lawyers help to make sure you have everything in order is fine but do NOT rely on them to do it for you. You will most likely regret it.. as most people do.

The questions you need to ask yourself to make the decision are:

1. Do you need to work immediately when you get to the US? (if yes then CR-1)

2. Do you need to be able to leave immediately? (if yes then CR-1)

3. Are you okay with being apart from your husband for around 6 months? (if yes then K1)

4. Does it matter to you being married in Aus versus US? (if married in US is more important do the K1 as there's no guarantee you'll be allowed to enter on the VWP)

Up to you and your bf (hope he's your fiance or this is all moot really ). I'm fine having gone the K1 route. I'm not gunna lie and say that it's all been rosy. Not working the boredom is insane. Not being able to get a licence without an EAD. Insurance companies don't like insuring international licences either. BUT I'm happy that since being married Tony and I have been apart only 2 months when I had to return to Aus for a family emergency. Being together once being married was important to us. More important than the money and the boredom.

Edited April 15, 2011 by Vanessa&Tony

[Sergi9 110]

Oh great! I didn't know that about the CR-1 and being able to get a greencard straight away as not working for those months waiting for everything to process is a big hurdle!

Apparently the 7 months is the current wait time for Vermont - it went up recently, I have that from a reliable source and also my boyfriends cousin who just got her Cuban fiance in on the K1 in the same state.

Does anyone know at what point in the process he has to be back in the states to prove domicile and income etc? ie - can we start the process and him come back here for a few months until the NOA1 comes through then go back to sort the rest out or is it from day one of the application? If it is only half way through it could mean we don't have to be apart for the whole 9 months!

Also, I am a little uncertain about a lawyer not being faster let alone possibly taking longer. I know here at least using a lawyer can speed up the process significantly! If we don't have to use one that would be great, as I said we have had a cousin do it recently so she could help us the whole way as she used a lawyer and our case is very straight forward.

Also - what is a DRC out of curiosity? is that Defacto? He hasn't been a perm resident here, he's only on a working holiday visa at the moment so not applicable but curious.

I understand completely that the ESTA is not a guarentee - hence my post here. That's exactly what I'm asking as to whether the IO is going to give me a really hard time over my previous denial. My fear, which has been reaffirmed here is that yes, he will.

Thanks *lynJer* for your post, I have been told time and time again that the CR1 takes longer than the K1, now that the wait period in vermont is 7 months it appears they will be about the same. I think we'll end up living in the states so I would quite like to get married here and have a little more time in Australia with my fam and friends before making that move to the CR1 option sounds good except my boyfriend is quite homesick and i'm not sure he is too keen on the idea (which i know isnt' fair on me but keeping him here when he's not happy isn't fair on him either)

So it's goign to be a lot of sacrifice on both our parts, it's just making the decision on how we go about doing it all now.

Thanks!

He doesn't "have" to come back to the states by any rule, however in your post you indicated a need to establish a career that is better than what he is doing now, and with the applications there is a support requirement. Also you need a domicile plan if he is living overseas when you interview.

I would think it would be easier to manage the co-sponsor issue if needed from in the States.

As to question of lawyer previous poster is correct, you could have your forms filled out today and in the mail, or you could wait two weeks to go talk to a lawyer about filling them out and wait patiently for them to deliver to you, or go pick them up and find out they are WRONG and start all over.

[LD2B 0]

He doesn't "have" to come back to the states by any rule, however in your post you indicated a need to establish a career that is better than what he is doing now, and with the applications there is a support requirement. Also you need a domicile plan if he is living overseas when you interview.

I would think it would be easier to manage the co-sponsor issue if needed from in the States.

As to question of lawyer previous poster is correct, you could have your forms filled out today and in the mail, or you could wait two weeks to go talk to a lawyer about filling them out and wait patiently for them to deliver to you, or go pick them up and find out they are WRONG and start all over.

thanks for your help but could you please explain what a 'domicile plan' is? He has tax returns (including this years), bank accounts, drivers licence, voting registration and a permanent mailing address (his parents) all back in the states plus is giong back for interviews in May. Could this be enough to prove we are intending on moving there permanently so he can stay for at least most of the process?

Once he gets a job there, he won't need a co-sponsor, it's only now while he's here we thought perhaps it might help.

[Sergi9 110]

thanks for your help but could you please explain what a 'domicile plan' is? He has tax returns (including this years), bank accounts, drivers licence, voting registration and a permanent mailing address (his parents) all back in the states plus is giong back for interviews in May. Could this be enough to prove we are intending on moving there permanently so he can stay for at least most of the process?

Once he gets a job there, he won't need a co-sponsor, it's only now while he's here we thought perhaps it might help.

They will not issue you a VISA for "potential" trip to the US. If he is living outside the US then he has to prove he has a "domicile" in the US, otherwise there is no reason to issue you the VISA to go to US when he is obviously living in Australia.

Is his parents address enough for them to believe he has "intent" to live in the States with you? Not sure , this is a question better answered by consulate, but if it were me... I would not give them any red flags period.

Having his parents address written down somewhere is pretty flimsy evidence of intent to live in the US. A lease, bank accounts, utility bills, etc. etc, a job that is more solid evidence of ties to US.

[Alex1 0]

Assuming you go the Fiancee visa route: I'm not so sure he needs to be in the USA. If he can get someone else, maybe a family member or someone close to co-sponsor you, I can't see why he couldn't remain in Australia until closer to the date.

Someone feel free to correct me if I am wrong though.

Edited May 6, 2011 by Alex1