Re-Entry into US without filing for Advance Parole

[NYCruiser 423]

8 hours 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. 

Oh I see. You are a same sex couple? Yes true, Australia does not have Gay Marriage yet, BUT New Zealand does as does South Africa. Australia does recognise same sex couples for Immigration benefit (cost about A$5000 for a Spouse Visa). Not sure how that would work for entry into Australia after your marriage? DCF for a CR1 yes, but will Australia allow your USC Spouse in on the Working Holiday Visa?

 

For a K1, not a good idea to come here, marry and leave. The whole idea for a KI/AOS is to live here. That would not be your intent. An AP Document would subject you to scrutiny at the airport for a Parolle into the USA because you would be gone for a while

[Mollie09 1,543]

9 hours 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.

Late to the party, but the bolded bit isn't true - you can AOS from ESTA.

Good luck!

[NigeriaorBust 4,087]

2 hours ago, Mollie09 said:

Late to the party, but the bolded bit isn't true - you can AOS from ESTA.

Good luck!

  You can't do it legally if that is your intent when you enter. 

[Scandi 4,178]

8 minutes ago, NigeriaorBust said:

  You can't do it legally if that is your intent when you enter. 

You should at least tell the CBP officer about your plans, then it's up to them to decide.

[Lariza 0]

If we were to have a ceremony in New Zealand (since they allow same-sex marriage) and start the CR-1 process would she be able to enter the US on her ESTA that's still valid?

 

I know that leaving then coming back then leaving again makes it difficult but we've already made plans for a formal wedding with family in the US and after we'd return to Australia to celebrate with family that couldn't travel. 

[bunkx 25]

2 hours ago, Mollie09 said:

Late to the party, but the bolded bit isn't true - you can AOS from ESTA.

Good luck!

 

AOS from VWP is visa fraud. If your intention is AOS, you must get a K-1 visa. Don't encourage people to commit visa fraud on VJ please. 

 

Have you thought about how you'd get back into Australia after your marriage? They'd probably assume immigrant intent at the Aussie border when you come back. That might prove difficult too. 

 

Traveling on ESTA with a CR-1 pending is still risky. It's up to the CBP officer's discretion. You can try and hope he's having a good day. 

[Lariza 0]

16 minutes ago, bunkx said:

 

AOS from VWP is visa fraud. If your intention is AOS, you must get a K-1 visa. Don't encourage people to commit visa fraud on VJ please. 

 

Have you thought about how you'd get back into Australia after your marriage? They'd probably assume immigrant intent at the Aussie border when you come back. That might prove difficult too. 

 

Traveling on ESTA with a CR-1 pending is still risky. It's up to the CBP officer's discretion. You can try and hope he's having a good day. 

I wasn't worried too much about me getting back into Australia because my work and holiday visa lets me leave and enter as many times as I want within its validity. 

 

This is my first time traveling outside the country so going back for our wedding would be my first encounter with a CBP officer and I don't really know what to expect. My fiancée said she had one pleasant officer out of four and that was on her first trip to the US. They never denied her entry but they always grilled her on her intent and plans. It makes me so nervous thinking one person can make or break everything we've been working for. 

 

So is the safest bet going through with the K-1 process to get into the US, get married and leave to Australia, and continue with the CR-1 instead? 

[Mollie09 1,543]

30 minutes ago, bunkx said:

 

AOS from VWP is visa fraud. If your intention is AOS, you must get a K-1 visa. Don't encourage people to commit visa fraud on VJ please. 

 

Have you thought about how you'd get back into Australia after your marriage? They'd probably assume immigrant intent at the Aussie border when you come back. That might prove difficult too. 

 

Traveling on ESTA with a CR-1 pending is still risky. It's up to the CBP officer's discretion. You can try and hope he's having a good day. 

 

No, it's not.

If your intention when you enter is to stay and adjust, it's fraud. If you want to get married and leave, it's perfectly, 100% legal. People do it all the time.

Edited June 7, 2017 by Mollie09

[Mollie09 1,543]

1 hour ago, Scandi said:

You should at least tell the CBP officer about your plans, then it's up to them to decide.

 

Sure. People do it all the time, if their intent is to get married then leave. CBP isn't going to balk at plans to marry and leave.

[bunkx 25]

2 minutes ago, Mollie09 said:

 

No, it's not.

If your intention when you enter is to stay and adjust, it's fraud. If you want to get married and leave, it's perfectly, 100% legal. People do it all the time.

What you're saying makes no sense. "AOS from VWP is visa fraud" does not mean marrying on VWP is illegal. It just means using VWP to then file for AOS is visa fraud.

 

If you had read my previous posts you'd see that I've also said marrying on VWP is perfectly legal. What's not legal is to enter with VWP with the intention to file AOS. 

 

[Mollie09 1,543]

8 minutes ago, Lariza said:

I wasn't worried too much about me getting back into Australia because my work and holiday visa lets me leave and enter as many times as I want within its validity. 

 

This is my first time traveling outside the country so going back for our wedding would be my first encounter with a CBP officer and I don't really know what to expect. My fiancée said she had one pleasant officer out of four and that was on her first trip to the US. They never denied her entry but they always grilled her on her intent and plans. It makes me so nervous thinking one person can make or break everything we've been working for. 

 

So is the safest bet going through with the K-1 process to get into the US, get married and leave to Australia, and continue with the CR-1 instead? 

 

You don't need to go through with the K-1, but it might be easier at this point. Otherwise, you could enter on VWP for the wedding, then leave and apply for CR-1 from Australia.

[Mollie09 1,543]

Just now, bunkx said:

What you're saying makes no sense. "AOS from VWP is visa fraud" does not mean marrying on VWP is illegal. It just means using VWP to then file for AOS is visa fraud.

 

If you had read my previous posts you'd see that I've also said marrying on VWP is perfectly legal. What's not legal is to enter with VWP with the intention to file AOS. 

 

 

What you're saying is untrue. AOS from VWP is not visa fraud. It's perfectly legal as long as there was no intent to adjust at the time of entry. If there is no fraud established by CBP at POE (in which case they wouldn't be let into the US anyways) adjusting from VWP is legal. It's all about intent as established when entering the country.

[Mollie09 1,543]

Here you go @bunkx:

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartB-Chapter7.html

Paragraph C. At the end.

[geowrian 22,338]

Entry into the US with intent to file for AOS is fraud. That intent is determined at POE. The OP has the information he needs with regard to that issue. I suggest moving past this issue or else a mod will come by and

 

[bunkx 25]

Just now, Mollie09 said:

 

What you're saying is untrue. AOS from VWP is not visa fraud. It's perfectly legal as long as there was no intent to adjust at the time of entry. If there is no fraud established by CBP at POE (in which case they wouldn't be let into the US anyways) adjusting from VWP is legal. It's all about intent as established when entering the country.

 

I'm literally saying the same thing, buddy. Read more carefully. I'm only saying using VWP with the intent to AOS later on is visa fraud. 

 

A. If you enter the country on VWP with innocent intentions and then fall in love and get married - you're okay. No laws against that.

 

B. If you enter the country on VWP with the intention to marry a USC and apply for AOS immediately after - this is visa fraud. VWP cannot be used to substitute for a K-1.

 

C. If you enter the country on VWP to get married but then leave after your wedding within your I-94 expires, without filing for AOS - you're okay. No laws against this either.

 

We're not saying different things, so if you'd read more carefully and stop telling me that what I'm saying is "untrue" I'd appreciate that. You're making this more confusing for everybody.