Re-Entry into US without filing for Advance Parole

[Roel 7,193]

 If money is an issue why do you want to waste money on a flight to usa just go get married and come back? Cancel k1, get married in Australia, file for cr1. If you're looking for an easy way, there is none. 

[bunkx 25]

4 minutes ago, Lariza said:

In the past, she has traveled to the US on an ESTA (4 times) and it would still be valid for the wedding. What would be good proof for intention to return to Australia? Do return plane tickets not work or it would have to be something like our honeymoon being here or work-related? Would talking to the officer be something she'd have to do alone or could I be there? 

 

As lovely as Australia is, marriage equality isn't legal here yet. If it does take longer than expected, I could look into going about extending my Work and Holiday visa that I'm currently on. If not, we might just have to go back to being long distance for just a little bit longer. 

Ah, yes. Perks of same-sex marriage eh. I wanted to take a job offer in Japan, but I wouldn't be able to sponsor my husband through my work visa because Japan doesn't recognize our marriage  I sincerely hope this doesn't boil down to a family or career ultimatum for me.  

 

Anyhow, proving ties to Australia, the more you have the better. Unpaid credit card debt, studies, honeymoon reservations for soon after the wedding in Australia, perhaps a informal celebration plan with her family, apartment lease, car payments, insurance etc. It's entirely up to the CBP officer's discretion. It's highly risky. However, if you get the K-1 you won't have to prove much at the border, you'd be traveling for the reason the visa is intended for. Then you can abandon that status and apply for CR-1 with DCF from Aus. Keep in mind you cannot do AOS from ESTA if you decide to enter using that, but you can with K-1.

 

Usually when at the passport inspection area there are attendants helping people into the correct lane (US Citizen and LPR vs. Visitor). I would ask those people which lane to choose. They'll usually let you stay together at the border. After you get in the correct lane, when the officer calls next in line, walk up to the officer together.

[Special_K 90]

As above, I'd be very careful with entering for the wedding on ESTA. The officers at the airport are going to give her a hard time.Even though its technically legal to enter to get married on esta as long as you will leave again, they are going to absolutely make sure. Bags will be searched, maybe even her phone (yes, happens) You are at the mercy of the immigration officer, who hopefully has a good day.

[Lariza 0]

5 minutes ago, bunkx said:

Ah, yes. Perks of same-sex marriage eh. I wanted to take a job offer in Japan, but I wouldn't be able to sponsor my husband through my work visa because Japan doesn't recognize our marriage  I sincerely hope this doesn't boil down to a family or career ultimatum for me.  

 

Anyhow, proving ties to Australia, the more you have the better. Unpaid credit card debt, studies, honeymoon reservations for soon after the wedding in Australia, perhaps a informal celebration plan with her family, apartment lease, car payments, insurance etc. It's entirely up to the CBP officer's discretion. It's highly risky. However, if you get the K-1 you won't have to prove much at the border, you'd be traveling for the reason the visa is intended for. Then you can abandon that status and apply for CR-1 with DCF from Aus. Keep in mind you cannot do AOS from ESTA if you decide to enter using that, but you can with K-1.

 

Usually when at the passport inspection area there are attendants helping people into the correct lane (US Citizen and LPR vs. Visitor). I would ask those people which lane to choose. They'll usually let you stay together at the border. After you get in the correct lane, when the officer calls next in line, walk up to the officer together.

If only everyone could be on the same page when it comes to marriage, things could be slightly easier! Hopefully it'll work out for yall in the end though!

 

With continuing with the K-1, we'd ultimately be paying for the process twice after abandoning it to go on with the CR-1. It's hard to decide which way to go because she already has her ESTA but I'm sure traveling with her wedding dress is going to raise some flags and an officer could be having a bad day and deny her anyway no matter what proof we have that we'll return. I don't know what I'd do if that happened..

 

 

[millefleur 5,047]

51 minutes ago, bunkx said:

eep in mind that embassies and consulates in Australia allow for Direct Consular Filing (DCF), if you applied for a CR-1, you would file your petition (I-130) directly with the embassy and not USCIS in the US. This should speed things up a little. The US citizen petitioner does not need to be a resident of Australia for this, apparently. 

Australia doesn't have a true DCF option because they don't have a USCIS field office there. They just have an exception for "emergency cases" as far as I understand.

[bunkx 25]

1 minute ago, Lariza said:

If only everyone could be on the same page when it comes to marriage, things could be slightly easier! Hopefully it'll work out for yall in the end though!

 

With continuing with the K-1, we'd ultimately be paying for the process twice after abandoning it to go on with the CR-1. It's hard to decide which way to go because she already has her ESTA but I'm sure traveling with her wedding dress is going to raise some flags and an officer could be having a bad day and deny her anyway no matter what proof we have that we'll return. I don't know what I'd do if that happened..

 

 

Think about it this way. If you risk the ESTA and they deny her admission based on immigrant intent, you'd be paying so much more on the plane tickets alone to re-do a K-1 and then AOS once you get there. Financially it makes more sense to continue with the K-1, abandon and apply for CR-1 later. The ESTA is very risky, but then again if you come across the rare nice CBP officer, it'll be much cheaper. 

 

Have you tried to contact the US Embassy about perhaps doing the marriage ceremony there? I know that British citizens can marry in UK embassies abroad, but to my knowledge US embassy staff can't marry people. Maybe they've changed to accomodate same-sex couples in countries where it is not otherwise possible.

[bunkx 25]

Just now, millefleur said:

Australia doesn't have a true DCF option because they don't have a USCIS field office there. They just have an exception for "emergency cases" as far as I understand.

I'm not too certain either - I'd check with the embassy/consulate to make sure

[Lariza 0]

8 minutes ago, bunkx said:

Think about it this way. If you risk the ESTA and they deny her admission based on immigrant intent, you'd be paying so much more on the plane tickets alone to re-do a K-1 and then AOS once you get there. Financially it makes more sense to continue with the K-1, abandon and apply for CR-1 later. The ESTA is very risky, but then again if you come across the rare nice CBP officer, it'll be much cheaper. 

 

Have you tried to contact the US Embassy about perhaps doing the marriage ceremony there? I know that British citizens can marry in UK embassies abroad, but to my knowledge US embassy staff can't marry people. Maybe they've changed to accomodate same-sex couples in countries where it is not otherwise possible.

Very true and we've been doing the K-1 process since Dec 2016..

 

I didn't think about having a ceremony here at a US Embassy though. I don't know much in regards to the validity of ceremonies done overseas, would we have to do anything special because it was done outside the US or a marriage certificate means the same no matter where you were married? I'm looking into if it's allowed at a US Embassy, but I just remembered that same-sex marriage is legal in New Zealand which is pretty close to us. Is that overcomplicating things by not being US related? 

[bunkx 25]

12 minutes ago, Lariza said:

Very true and we've been doing the K-1 process since Dec 2016..

 

I didn't think about having a ceremony here at a US Embassy though. I don't know much in regards to the validity of ceremonies done overseas, would we have to do anything special because it was done outside the US or a marriage certificate means the same no matter where you were married? I'm looking into if it's allowed at a US Embassy, but I just remembered that same-sex marriage is legal in New Zealand which is pretty close to us. Is that overcomplicating things by not being US related? 

Neither of you are a resident of NZ so I'm not sure if that would work. Also, marriage in the US is processed by the State and not the federal government. Since the embassy represents the federal government and not the state, I'm not sure if they'd be able to issue a marriage certificate. I suppose this is why UK can do it and US cannot. 

 

Keep in mind by the way, that Australian law does not require you to be married for her to sponsor you for a Partner Visa. You would be considered "de facto partners" under immigration law and you can obtain permanent residency in Australia and about 4 years later apply for naturalization. (If you have a marriage certificate from the US, it would make your case stronger). Just so you know that the US isn't your only option  

https://www.border.gov.au/Trav/Brin/Part

https://www.border.gov.au/Trav/Visa-1/801-

Edited June 7, 2017 by bunkx

[Lariza 0]

1 minute ago, bunkx said:

Neither of you are a resident of NZ so I'm not sure if that would work. Also, marriage in the US is processed by the State and not the federal government. Since the embassy represents the federal government and not the state, I'm not sure if they'd be able to issue a marriage certificate. I suppose this is why UK can do it and US cannot. 

 

Keep in mind by the way, that Australian law does not require you to be married for her to sponsor you for a Partner Visa. You would be required "de facto partners" under immigration law and you can obtain permanent residency in Australia and about 4 years later apply for naturalization. (If you have a marriage certificate from the US, it would make your case stronger). Just so you know that the US isn't your only option  

https://www.border.gov.au/Trav/Brin/Part

https://www.border.gov.au/Trav/Visa-1/801-

That's right..I forgot about marriages being state processed. I'll call around tomorrow to see if they can or cannot though just to make sure because if we could have a ceremony here as well I know her family would love that as most won't be able to travel for our actual wedding. I feel like I'm so close to figuring everything out, but it's looking like remaining with a K-1 visa and switching to a CR-1 after the wedding is our safest bet. 

[Hypnos 6,578]

Given that same-sex marriage is legal in New Zealand, perhaps a quick trip and marriage there followed by filing for a CR-1 immigrant visa is something to consider. 

 

You could withdraw the I-129F and abandon the K-1 process. 

[Lariza 0]

12 minutes ago, Hypnos said:

Given that same-sex marriage is legal in New Zealand, perhaps a quick trip and marriage there followed by filing for a CR-1 immigrant visa is something to consider. 

 

You could withdraw the I-129F and abandon the K-1 process. 

We're looking into getting married in New Zealand now as well, but would she still be able to enter the US on an ESTA afterwards without any problems? We've already booked our wedding arrangements in the US where we'd hold our more formal ceremony and once we've returned to Australia, we'd start the CR-1 process. Or because we're already technically married before entering the US (if we go through with a ceremony in NZ), could we start the CR-1 before arriving to the US? 

[Hypnos 6,578]

You can start the process (by filing an I-130) immediately after getting married. 

 

It may be more difficult to obtain ESTA authorisation after getting married, but if you can demonstrate you still have ties to Australia, as well as being able to show that you've already started the process (by filing the I-130) then I think you'd probably be ok. 

[Lariza 0]

1 minute ago, Hypnos said:

You can start the process (by filing an I-130) immediately after getting married. 

 

It may be more difficult to obtain ESTA authorisation after getting married, but if you can demonstrate you still have ties to Australia, as well as being able to show that you've already started the process (by filing the I-130) then I think you'd probably be ok. 

Right, I thought so!
 

If she already has an ESTA and has been to the US a number of times before then she should be okay? We'd definitely get started on the CR-1 asap so that should help us as well. From what I've heard, the more proof we'd be coming back to Australia the better. 

[Hypnos 6,578]

Nothing is guaranteed, but I suspect ESTA would be do-able under those circumstances.