Early Start In Planning - I want to do this right!

[lillianisley 0]

The amount of information available and the circumstances that make that information applicable/inapplicable is overwhelming. I'm trying to get the process straight in my head, but the more I read the more muddled it gets.

Preface:

My partner is from Australia. We've been dating long distance for a few years. He came over on the VWP in December 2015 for our first meeting. He'll be back in July 2016 for a month. Then I'll be visiting Australia to meet his family in November (I intended to wait until December, but the ticket I found was a steal - $600 RT! I couldn't pass it up...)

The original plan was for me to move to Australia, but due to the fact that I am very much attached to my career and my family, we decided it is better for him to move here eventually.

We've considered the following options: (Please correct me if any details are incorrect, this is to the best of my understanding)

1. Applying for K1
   
2. Getting married on the VWP and doing an AOS
   
3. Getting married on VWP and allowing him to return to Australia, then applying for CR-1
   

Other factors to consider:

• I have a job lined up for him, so the sooner he can get work eligibility after moving here (including if he waits for his AOS here) the better. I do not want to ask them to sponsor him, so I want to exhaust all other options first.
  
• He has kids that will not be moving with him at this time, so he needs to be able to travel back to Australia to see them, hence why the AOS wait would be best done after returning to Australia. The ex-wife doesn't want to let the kids visit us in the states unless my partner is there to travel with them for safety reasons (understandable). (Please understand that he is not abandoning his kids, this is a sticky situation and I would appreciate it if you would reserve judgement.)

I'd like some input on the best way to do this while leaving him free to travel. I don't want him stuck in the states away from the kids, but he doesn't want to be stuck in either place away from either party, although clearly the kids are the top priority.

I am leaning toward option 3 and applying for CR-1. But I don't know if it's the best decision. Any input is appreciated.

Thank you.

[Georgia16 2,858]

Number 2 is fraud...

[lillianisley 0]

Number 2 is fraud...

Yeah. I'm well aware, thanks for that. Regardless, I don't want him to have to stay in the states waiting for an AOS, as I stated. If you have anything helpful to add, I'd appreciate it.

[Georgia16 2,858]

Yeah. I'm well aware, thanks for that. Regardless, I don't want him to have to stay in the states waiting for an AOS, as I stated. If you have anything helpful to add, I'd appreciate it.

Your best option is CR-1. He'll be able to work when he gets there and travel back to see his kids. It takes about a year to get it.

Edited March 22, 2016 by Georgia16

[Cathi 5,794]

Yeah. I'm well aware, thanks for that. Regardless, I don't want him to have to stay in the states waiting for an AOS, as I stated. If you have anything helpful to add, I'd appreciate it.

it is helpful. Traveling to the US on the VWP with the intent to marry, stay and adjust status is illegal and immigration fraud. No one on this site will tell you it's OK to do this when it is not an option. You say you want to do things right, yet you want to commit immigration fraud.

Edited March 22, 2016 by mimolicious

[lillianisley 0]

Your best option is CR-1. He'll be able to work when he gets there and travel back to see his kids. It takes about a year to get it.

So for the CR1, I would file the Forms I-130& complete the I-864package after he is back in Australia, correct?

During processing, can he visit the states?

And once it's processed, he will be clear to work and travel?

From what I understand, we must also file an I-751 within 90 days of our 2nd wedding anniversary, to basically turn it into an IR1 and from there he is considered a Permanent Resident.

it is helpful. Traveling to the US on the VWP with the intent to marry, stay and adjust status is illegal and immigration fraud. No one on this site will tell you it's OK to do this when it is not an option. You say you want to do things right, yet you want to commit immigration fraud.

Under no circumstances did I say I wanted to commit fraud. In fact, in doing it this way, what I meant was to file an AOS and then allow him to go back to Australia after his VWP 90 days was up. So thank you for misunderstanding.

[Georgia16 2,858]

You can start right after you guys are married.

Here are the guides read them so you know what you are doing.

http://www.visajourney.com/content/i130guide1

CR-1: Married under 2 years and he get the 2 year conditional GC After that he needs to remove conditions (ROC read guides) to get the 10 year GC

IR-1: Married over 2 years he gets the 10 year GC

[lillianisley 0]

You can start right after you guys are married.

Here are the guides read them so you know what you are doing.

http://www.visajourney.com/content/i130guide1

CR-1: Married under 2 years and he get the 2 year conditional GC After that he needs to remove conditions (ROC read guides) to get the 10 year GC

IR-1: Married over 2 years he gets the 10 year GC

I understand, but my question is whether or not he'll be able to enter the states with a pending CR1.

[Georgia16 2,858]

I understand, but my question is whether or not he'll be able to enter the states with a pending CR1.

Yes he can visit on VWP under the process but it will always be up to the people at the border if they let him in.

Try and do some research on this site there are tons of info about it..

[lillianisley 0]

Yes he can visit on VWP under the process but it will always be up to the people at the border if they let him in.

Try and do some research on this site there are tons of info about it..

There is also a lot of conflicting information on this site about just about everything and as I mentioned it's overwhelming and I'm just trying to get everything straight...

We don't have the resources to throw away if the border turns him away - so, to us, the risk means he will not be able to visit.

[michorge 0]

There is also a lot of conflicting information on this site about just about everything and as I mentioned it's overwhelming and I'm just trying to get everything straight...

We don't have the resources to throw away if the border turns him away - so, to us, the risk means he will not be able to visit.

Well the answer to if he is visit is,

Yes, he can but he can be turned away at the crossing its up to the officer. it will always be like this if you have a cr-1 going on. If your fiancee brings proof of ties to his homeland it will be more likely to not get denied. If he owns any property or car or job or anything like that that proves he will return to his home country.

[lillianisley 0]

Well the answer to if he is visit is,

Yes, he can but he can be turned away at the crossing its up to the officer. it will always be like this if you have a cr-1 going on. If your fiancee brings proof of ties to his homeland it will be more likely to not get denied. If he owns any property or car or job or anything like that that proves he will return to his home country.

What kinds of documents would you recommend he bring? Things like his car registration and lease agreement?