NEED ADVICE!! ON B2 VISA want to marry US citizen

[lukejacobs 0]

I definitely need good advice

Needing advice from anyone who has been through a similar situation!!! I am Australian and have been in a long distance relationship with a US citizen the past three years. We met when I attended college here through an exchange program (J1) in 2003. I also came on a J1 for college in 2004, and last year in 2005 I came to the US on the visa waiver program to visit him for three months. Now this year I applied for a B2 visa and I am here in the US as a (visitor) tourist.

We honestly did not intend to marry whilst I was here, but since arriving here in the US two months ago we have decided we want to marry because we have been apart long enough! It has been a stressful time as anyone who has been in a long distance relationship for years knows and now we would like to be together with the least bit of time apart and complication possible!

I am here in the US on a B2 visa and have been here now for two months. We are thinking about getting married in another months time and applying for Adjustment of Status, whilst I am still allowed to be here on my visa. I have a few questions about this which are stressing me out!!

Firstly, if we get married, and file for AOS, what are the chances I will be refused because i am here on a tourist (b2) visa? If I can prove I did not intend to marry when I entered the country, and since we would be marrying a good 90 days after i arrived in the US, is there a good chance of it being approved? How long does it take for the AOS to be approved?

Secondly, since I really did not have a definite plan of marriage for this visit, I need to go back to Australia and visit my family even for a short while before I settle in the US. How long does Advance Parole take to be approved so I can travel home?

Thirdly, how long will it take to be approved to work (EAD) , and if my B2 visa expires before i get this approval, or get my AOS approved, does that mean i am now illegal in the country, or am i granted some exemption while i am waiting for all these things to be approved?

On this note, I don't see any reason why I couldn't be approved? I don't have a criminal record, we have evidence of our relationship the past three years (eg plane tickets, photos, emails, etc), I have always been genuine about my intentions to visit the US, so what would be a problem if any??

Lastly, is it easier for us to just forget all this and me return home and apply for a different visa? Or get married in the US or Australia and apply for direct consular filing? I am so stressed at what to do right now, I have been trying to figure this out for so long and all we want to do is finally be able to live together!

Anyone with any advice or any similar experience please help!! I am trying to do the best possible thing without breaking any rules ....any advice at all would be appreciated so much!!!

[aussiewench 9]

I was in a similar situation to you but on the VWP. I could of applied to adjust status in the US after we married. I decided on going back to australia instead and we filed for CR-1. hahahaha yep stupid I was. If only my hubby wasn't a wooz with flying we could of at least done DCF and I could of been back in the US with the hubby and green card in 2 months.

Many adjust status through marriage to a USC and many are approved. Some are not. So can you apply to adjust status, yes. Will you definately be aproved....I'm not an adjudicating officer so I can't say.

Whether you decide to adjust status or DCF in australia is totally up to you when you weigh everything up.

With DCF you get the green card on entry to the US on the CR-1 with nothing to do until 90 prior to the two year anniversary of your entry to the US, when you will apply to remove conditions. You can work on entry and are free to travel without AP. If you have done any research on DCF in australia you will know that you are looking at approx. 2 months to visa in hand and they dont have any residency requirements for the USC spouse. It's as easy as and many choose to DCF due to its speed.

If you adjust status in the US you can be looking at approx 3 months for the EAD and not advised to leave the US until you adjust status. Too risky to use AP as they can deny you entry. Adjustment of Status process can take up to 3 years depending on which Office you have to file with.

Hope that helps some.

Edited November 29, 2006 by aussiewench

[Kez/JWolf 6]

ionefern Welcome to VJ... I came here on a VWP back in Feb 2005 to spend some time with family friends and to recover from surgery.. I was ment to return to the UK in May 2005 after my 90 days, well on April 9th 2005 I got married... we filed for AOS in May 2005 and we were approved in Nov 2005... so it can be done...

It all come down to your intent when you entered the US... if you intended to come here and get married and remain then filing for AOS could be classed a visa fraud... on the other hand if you had no intention so getting married and then did so on the spur of the moment and now wish to remain the you can file for AOS...

I would highly recommend a consultation with an immigration lawyer to go over your case before you do anything, the lawyer will be able to look at you situation and give advice about travel outside the US before you are approved... I was advised not to leave the US until I had my Greencard in hand because as I came on the VWP you give up your rights to appeal so if I had been refused re-entry I could not have appealed against it.

Good luck with your journey.

Kez