Questions about Marrying in US, then CR1 from Australia

[jmak 0]

Wading through all of this mess, but I think it's figured out, just have a few final questions to make sure we don't get ourselves into trouble:

This is the plan, which I think is the most legal and sensible option for us:

My fiance is an Australian citizen, holding a B2 visa to the US, and living in Canada on a working visa.

Now-Sept: He'll continue to live in Canada and we'll travel back and forth to visit each other as we have been (I'm in Seattle).

Sept: He'll enter the US on the B2 visa for a stay of 2 months or so, and we'll get married during that time (Sept 14).

Nov: He'll leave the US and return to Australia to begin the CR1 process.

My questions are:

When he enters in Sept on the B2 visa, should he tell the officer he plans on getting married but also bring documentation of plans to return to Australia OR not specify the reason of the visit? He always mentions he's visiting me, and never really has issues, but a wedding seems like a bigger deal. We don't want to commit fraud, but we're worried they might not believe he is going to leave.

Can we send in the I-130 package before he leaves the US or will this interfere with his ability to legally exit the country? He would be in Australia from November until approval, but it would be nice to minimize our time apart by filing right after the wedding.

Thanks for the help! Anyone with experience in the Australian end of this process, please let me know any special challenges you've had!

Cheers,

J

[Oksana & Max 94]

As long as your fiance is planning to return to Australia, to wait for a Visa process you are totally fine. However mentioning that he is entering to US to get married on B2 Visa, might not be a good idea, as he might get denied entry , since this visa is visitor visa.

[CanadaLove 16]

OP, my answers to you are simple. Don't lie to the CBP, but don't volunteer more information than necessary. Just simply say you're going to get married, and then leave in a couple weeks to wait out the CR-1 process in Australia. He'll have his return ticket/itinerary to show for proof he intends to leave, and mentioning the process shows he knows how to do this legally.

Your second question is easy. He can file here, then leave and not be affected.

[jmak 0]

OP, my answers to you are simple. Don't lie to the CBP, but don't volunteer more information than necessary. Just simply say you're going to get married, and then leave in a couple weeks to wait out the CR-1 process in Australia. He'll have his return ticket/itinerary to show for proof he intends to leave, and mentioning the process shows he knows how to do this legally.

Your second question is easy. He can file here, then leave and not be affected.

Amazing! that will be so nice to spend that first 2 months of the CR1 process (approx. from NOA1 to NOA2, right?) with him here in the states vs. back in oz.

thanks for your help!

[VanessaTony 3,567]

Is there any reason who you don't get married in the court house tomorrow or something (still keep your big wedding in Sept) and start the Cr-1 process now? You could be together permanently by Sept 2012. He can process the CR-1 in Canada because he's legally there.

If you don't want to do that you can start the CR-1 process immediately after the marriage anyway (as long as you have the marriage cert)

Edited December 29, 2011 by Vanessa&Tony