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Dan and Katie

Aussie Visa Waiver Period After Marriage

By Dan and Katie in Asia: East and Pacific

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Dan and Katie Newbie

Dan and Katie   0

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Hello All!

I just got engaged to a beautiful Aussie, whom I've been dating in the US for a bit over a year. She is now in Canada working (her J1 visa ran out). We would like to get married in late June and know that there isn't time to process a K1. Our plan is for her to come back in to the US for a month or so before the wedding - us get married and then begin the K3/IR1 process. My question - after we get married and file the I-130, is she still held to the same 90 day restrictions on the Visa Waiver Program? Has anyone been in a similar situation and might have any advice?

Thanks so much in advance for your help - this site has already been way more help getting us started than any lawyer I've talked to!!

Dan

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Kez/JWolf Mentor

Kez/JWolf   6

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Yes she would have to leave the US by the date on her I-94.... I would be very careful because if the CBP officer hears that she is coming into the US to get married then unless she can show strong ties to her home country they may well deny her at POE... you might be better to get married in Canada and then file for your K3 and she return to her home country to wait for approval....

Kez

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David A. Explorer

David A.   0

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Dan, come join us on the Land Downunder thread. Everyone on there is either from Australia, married, or getting married to an Aussie, or vice versa.

04 January 2004 : Met Stephanie in Las Vegas.

15 May 2006 : Joined visajourney

16 September 2006: Got married in Las Vegas.

03 October 2006 : Stephanie applies for certificate of name change.

12 October 2006 : Stephanie recieved certificate of name change.

16 October 2006 : Stephanie applies for NPC, recieves a couple weeks later.

29 November 2006 : Arrived in Sydney, stayed in 4Points Sheraton Darling Harbor.

30 November 2006 : DCF. Submitted I-130 Sydney US Consulate "walk-in Thursday". Packet 3 in hand.

11 December 2006 : Final Medical Appointment with Dr Miller and immunizations. Approved.

11 December 2006 : Sent off DS-230 Parts I and II, and DS-2001 overnight priority.

27 December 2006 : Received RFE in the mail, returned RFE same day.

24 January 2007 : New Legislation preventing approvals of I-130s at Consulate.

30 January 2007 : Final Visa Interview in Sydney.

22 February 2007: Sydney called for my wife to send her passport to issue the visa.

04 March 2007: Stephanie flies back to Australia to post her passport.

14 March 2007: Stephanie Recieves passport and visa.

18 March 2007: Stephanie is in Florida. Journey is over.

30 March 2007: Stephanie gets Social Security Card.

02 April 2007: Stephanie gets Green Card.

"what happens in Vegas, doesn't always stay in Vegas" - david

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