Re-Entry into US without filing for Advance Parole

[Prystine 184]

1 hour ago, 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.

You are both saying the same exact thing except in different ways. Entering on the VWP or ETSA with the INTENT of Immigrating (ie staying and adusting status) is considered Visa Fraud; however, using the VWP or ETSA to come in, get married say in Vegas and then leave and go back to your original country is perfectly legal. 

[mallafri76 1,012]

16 hours 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..

 

 

I don't think that's gonna be an issue since she's from an ESTA country. When I was flying back and fourth visiting my then boyfriend, I saw several people on the flights with their wedding dress in tow. When I flew over to marry my husband, CBP asked my reason for visit and I replied to marry my husband. I had no issues. Mind you, I did have a long history of visiting the US and leaving within a couple of weeks.

 

So being from a VWP country, having visited the US before and bringing proof of employment in Australia and ownership of house/rental agreement and you should be ok, hopefully. 

 

I can't believe Australia don't allow same-sex marriage. Australia strikes me as a open and forward-thinking country. How disappointing.  

[mallafri76 1,012]

4 hours ago, Lariza said:

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. 

You can do that. You can still visit on the VWP while going through the spousal visa. A lot of us did that. Of course entry is at the discretion of the CBP officer.

[NYCruiser 423]

7 hours ago, Lariza said:

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. 

Will your US Citizen (then spouse) not have difficulty entering Australia? You guys are just as tough as here. For those not in the know, google.com Australia Border Security and look at the You Tube videos....they are tough too....

[JFH 12,191]

Yet another thread that demonstrates that people should be aware of not just the advantages but also the disadvantages of their chosen visa path. Yes the K-1 is faster than than a CR-1 - and that's usually where most people stop reading and make their decision. As you are fast discovering, the K-1 has a lot of disadvantages with regard to travel, employment and even the ability to drive (depending on your state of residence). I strongly urge you to abandon the K-1, marry anywhere that will allow you to, and pursue the CR-1 so that your new wife can continue to live the life of freedoms to which she has become accustomed. She can visit you during the process using the VWP - I and many others did that with no problems at all. There are numerous horror stories circulating about CBP possibly not letting spouses of USCs visit under the VWP but to date I have yet to find solid evidence of someone with a good travel history being denied a short visit with their spouse under the VWP.