Applying for I-130 after marriage on VWP

[mrgump 0]

Hey! So recently the immigration lawyers my fiance and I had decided to go with have been working us over, and it looks as if we may have to go about this whole process ourselves. I am a US citizen, she is an Australian citizen. I've done a fair amount of research on visas; however, I was wondering if it is ok for her to come out to the US on the visa waiver program, and go back to Australia after we get married and only after that apply for the I-130.

I don't know if this further information is helpful, however we are both only 19 (will this hurt our chances), and it is a perfectly legitmate relationship. I lived in Australia for 3 years and dated her for 2 of them, and she lived with me for more than half that time, only recently have we been separated due to my visa expiring.

Any help/suggestions would be appreciated, but I particularly need to know if it's ok for us to get married and then apply for an I-130 once she's back home. I know about the I-129f for fiances but it takes up to 7 or 11 months, whereas this would be so much faster.

Edited April 9, 2013 by mrgump

[LBeachey 45]

Yes you can get married on the VWP, start the I-130 even when she is still here, and as long as your now wife leaves the US within the allotted time of the VWP you will be fine. As long as you can document the entirety of your relationship you should be OK.

Given you are only 19, I would give some thought to the fiance process as the immigration process can test your relationship and this might help both of you to be sure.

The other potential issue is whether you can show sufficient income for the affidavit of support. If not, you need a co-sponsor which can be anybody but in your case would your parents be willing to be the co-sponsor?

[ZandraO 0]

That's what my husband and I did. He came over for the month of November and we got married then he went back and in January we started the Visa stuff, we are now in the home stretch with it. I don't think your age will have anything to do with it since you are both young. If she 19 and you 63 that might raise some questions. As long as you have proof of your relationship and make enough to support her (or have a co-sponsor) then you should be able to get all the answer here. I'm doing it too without a lawyer DON'T USE ONE!!! That would be my best advice they slow you down and take your money. You can do it without one so many people here have done so too.

[mrgump 0]

Yes you can get married on the VWP, start the I-130 even when she is still here, and as long as your now wife leaves the US within the allotted time of the VWP you will be fine. As long as you can document the entirety of your relationship you should be OK.

Given you are only 19, I would give some thought to the fiance process as the immigration process can test your relationship and this might help both of you to be sure.

The other potential issue is whether you can show sufficient income for the affidavit of support. If not, you need a co-sponsor which can be anybody but in your case would your parents be willing to be the co-sponsor?

Aren't there issues with applying for it while she's still in the US? Something about committing fraud because it wasn't her initial intention to leave. However, I was considering applying while she was still out here and just ensuring that she still has her job in Australia and the return ticket unless it gets approved. Do you think this is reasonable evidence showing that she wasn't trying to stay here permenantly?

That's what my husband and I did. He came over for the month of November and we got married then he went back and in January we started the Visa stuff, we are now in the home stretch with it. I don't think your age will have anything to do with it since you are both young. If she 19 and you 63 that might raise some questions. As long as you have proof of your relationship and make enough to support her (or have a co-sponsor) then you should be able to get all the answer here. I'm doing it too without a lawyer DON'T USE ONE!!! That would be my best advice they slow you down and take your money. You can do it without one so many people here have done so too.

Thanks for the advice, hearing that somebody else is doing it without a lawyer without many issues makes me feel a lot more confident going this way about it, nevermind it's so much cheaper! Even if she does have to go back to Australia before we apply for the visa it'll come out as less cash. Though the poor girl may go insane from the cummulative flight time!

Also another question to both of you or anybody else willing to answer, what are, or where can i find, the legal responsibilities of a co-sponsor? I'm sure I can convince some relatives to sign on because neither me or her wants to become a burden financially and so we can support ourselves, and my immediate family will put us up for housing, I just want to be aware of the legal responsibilities so I can better assuage my family member's worries.

I really appreciate all the help guys!

[ZandraO 0]

I have a co-sponsor for my husband a friend of mine is doing it I don't make 125% for a family of 6 ( I have 4 kids). I could never find a set LIST of their responsibilities. They did it for us knowing I was working and we live in different states. I'd never ask them to support my husband no matter what. As far as I am concerned they are just for paper purposes but I don't know the legal ramifications but will look around and see what I can find!

[LBeachey 45]

Aren't there issues with applying for it while she's still in the US? Something about committing fraud because it wasn't her initial intention to leave. However, I was considering applying while she was still out here and just ensuring that she still has her job in Australia and the return ticket unless it gets approved. Do you think this is reasonable evidence showing that she wasn't trying to stay here permenantly?

There are issues if she tries to stay and Adjust Status while staying the US. What I am suggesting is you can submit the I-130 as soon as you get married and likely when she is still here. The petition normally takes 6-9 months to be approved which means she will have to go home before the petition is approved. Eventually, she will have to do the interview in Australia anyway. Beneficiaries with pending petitions are not necessarily excluded from visiting either under the VWP or with a Visa. However if you read through these boards, border officers tend to set a higher bar to prove the visitor will return to their home country when a petition is pending. So be prepared that once she leaves she will not be able to come back to visit until the immigration visa is approved.

[Ryan H 3,812]

An I-130 is not something that is applied for, it is a petition form that is filed.

[mrgump 0]

I have a co-sponsor for my husband a friend of mine is doing it I don't make 125% for a family of 6 ( I have 4 kids). I could never find a set LIST of their responsibilities. They did it for us knowing I was working and we live in different states. I'd never ask them to support my husband no matter what. As far as I am concerned they are just for paper purposes but I don't know the legal ramifications but will look around and see what I can find!

It's funny how big a deal is made over legal technicalities aye! And yeah I'd never put my family in a position where they have to legally bail us out, but seeing as it looks like I may have to branch out to extended family, I just need to be able to make them feel comfortable with the legality of it all. You do have a good point about it being for paper purposes though.

There are issues if she tries to stay and Adjust Status while staying the US. What I am suggesting is you can submit the I-130 as soon as you get married and likely when she is still here. The petition normally takes 6-9 months to be approved which means she will have to go home before the petition is approved. Eventually, she will have to do the interview in Australia anyway. Beneficiaries with pending petitions are not necessarily excluded from visiting either under the VWP or with a Visa. However if you read through these boards, border officers tend to set a higher bar to prove the visitor will return to their home country when a petition is pending. So be prepared that once she leaves she will not be able to come back to visit until the immigration visa is approved.

This is great to hear. I was just so paranoid about somehow being accused of fraud through some loop-holes and it ultimately preventing any visa from being obtained. We can survive a few months apart, but a major set back like her being banned from the US would be a bit of an issue!

[ZandraO 0]

here is SOME information I found http://www.avvo.com/legal-guides/ugc/responsibilities-of-sponsorco-sponsor-for-immigration-purposes

Here you go this one is pretty detailed. http://www.***removed***/affidavit-of-support/sponsor-responsibilities-obligations.html

[NikLR 13,227]

If you're send in the petition while she is here that is okay. She shouldn't try to adjust her status. But you can send in the initial petition while she is here. That is okay! She should still be able to visit on the VWP while the whole process is taking place, but should bring extra proof of ties to Australia.

Edited April 11, 2013 by NikiR