Austrian citizen and U.S. citizen marriage

[mohbeaverhunter 0]

One more clarification...

Thank you again for all your help!

My fiance (Austrian citizen) will enter the U.S. under the visa-waiver on June 5 of this year. She will marry me 5 days later on the 10th.

She will return to Austria after about a month stay here in the States, at which point we will apply for the K-3. Is this our best option? Will there be any questions raised about marriage while in possession of this so-called visa-waiver? Also, will there be any questions raised about marrying 5 days after U.S. entry? I realize that the K-3 begins with the I-130 and is then followed by the I-129F. Once the I-129F is approved, she can enter the U.S. even if the I-130 is not yet approved, but it is a good idea to send them a letter describing she has entered the U.S. Upon approval of the I-129F, she can legally enter the U.S., at which point we will apply for Adjustment of Status. I understand now that applying for Adjustment of Status is a bad idea while in possession of this so-called visa-waiver.

[mRx 16]

Entering on the VWP with an planned immigrant intent is FRAUD. Havent you read the replies which were given in your previous thread? I suggest you do.

[Singers 0]

Marrying here and STAYING is fraud.. marrying and then LEAVING is perfectly fine.

[Singers 0]

One more clarification...

Thank you again for all your help!

My fiance (Austrian citizen) will enter the U.S. under the visa-waiver on June 5 of this year. She will marry me 5 days later on the 10th.

She will return to Austria after about a month stay here in the States, at which point we will apply for the K-3. Is this our best option? Will there be any questions raised about marriage while in possession of this so-called visa-waiver? Also, will there be any questions raised about marrying 5 days after U.S. entry? I realize that the K-3 begins with the I-130 and is then followed by the I-129F. Once the I-129F is approved, she can enter the U.S. even if the I-130 is not yet approved, but it is a good idea to send them a letter describing she has entered the U.S. Upon approval of the I-129F, she can legally enter the U.S., at which point we will apply for Adjustment of Status. I understand now that applying for Adjustment of Status is a bad idea while in possession of this so-called visa-waiver.

If you are following the K-3 route: You will file the I-130 and the I-129F. When your I-129F is approved, your wife will have to attend an interview in her home country FIRST. Then she will be issued a K-3 visa. She can then travel to the US and file for adjustment of status. (The I-130 does not have to be approved for her to enter on a K-3 visa.)

A person may receive a K-3 visa if :The person has concluded a valid marriage with a citizen of the United States;

The person has a relative petition (Form I-130) filed by the U.S. citizen spouse for the person;

seeks to enter the United States to await the approval of the petition and subsequent lawful permanent resident status, and,

has an approved Form I-129F, Petition for Alien Fiance, forwarded to the American consulate abroad where the alien wishes to apply for the K-3/K-4 visa. The consulate must be in the country in which the marriage to the U.S. citizen took place if the United States has a consulate which issues immigrant visas in that country. If the marriage took place in the United States, the designated consulate is the one with jurisdiction over the current residence of the alien spouse,

Edited April 22, 2007 by Singers

[misa 2]

Also, the "Visa Waiver" is a program, not something that she's in possession of. And it's only for visiting the U.S. and other countries.

http://travel.state.gov/visa/temp/without/without_1990.html