Australian moving to America as a spouse of a US citizen

[asdfghj96hg 0]

Hello!

I am in need of some help. I have done plenty of research, but still am not sure which route is best. I am currently living with my Australian fiance in Australia for the next year, we had planned to save for a wedding and visa costs, to get him to America. So we will be getting married in Australia, and moving him to America. I am a US citizen, and he is an Australian. Should we do the cr1 route? Or, is he allowed to come to America on a valid visa, such as the ETA, and then apply for an adjustment of status? 

[ShanghaiSurfer 135]

No he is not. That would be immigration fraud to come to America with intent of marrying and adjusting status unless you are doing K1. 

[asdfghj96hg 0]

2 minutes ago, ShanghaiSurfer said:

No he is not. That would be immigration fraud to come to America with intent of marrying and adjusting status unless you are doing K1. 

Hm, you're wrong. On the US immigration site it talks about filling for the adjustment of status for a foreign spouse. 

[Unlockable 7,315]

14 minutes ago, asdfghj96hg said:

Hm, you're wrong. On the US immigration site it talks about filling for the adjustment of status for a foreign spouse. 

That is ONLY if the spouse is already in the US. ShanghaiSurfer is right.

 

It is fraud to use a tourist visa/VWP/ or ESTA to PLAN on coming to the US, get married, and adjust status.

 

If you were living in the US and your bf was visiting for a holiday and while here, you two spontaneously get married, then you would simply go through the process mentioned of adjustment of status.

 

If the both of you are living in another country, and want to use a nonimmigrant visa (tourist/VWP/ESTA) to move to the US instead of going through the proper process by filing a K1 or getting married and filing a CR1, then that is fraud.

Edited February 21, 2018 by NuestraUnion

[asdfghj96hg 0]

26 minutes ago, ShanghaiSurfer said:

No he is not. That would be immigration fraud to come to America with intent of marrying and adjusting status unless you are doing K1. 

I don’t think you read my post correctly. I said if I marry him in Australia, therefore he would be my spouse. Would I apply for a CR1, or apply for an adjustment of status. If you go on the immigration website it says if you are married you can apply for that.

[Unlockable 7,315]

1 minute ago, asdfghj96hg said:

I don’t think you read my post correctly. I said if I marry him in Australia, therefore he would be my spouse. Would I apply for a CR1, or apply for an adjustment of status. If you go on the immigration website it says if you are married you can apply for that.

If you marry in Australia, you simply apply for a CR1 visa.

 

Adjustment of status is only done inside the US. I think that is where the confusion came from.

[JFH 12,191]

26 minutes ago, asdfghj96hg said:

I don’t think you read my post correctly. I said if I marry him in Australia, therefore he would be my spouse. Would I apply for a CR1, or apply for an adjustment of status. If you go on the immigration website it says if you are married you can apply for that.

Adjustment of status is only possible inside the US. And only for those who came here without the intention of doing so. For example, if your husband were here on a student or work visa, you met, fell in love and married, he could then adjust status so that he could stay permanently. Or if he was here visiting you and spintaneousky decided to stay. 

 

Check the rules of the VWP, if you don't believe all of us who've gone through it, and you'll see that a round-trip ticket is required and no immigration intent is permitted. The VWP has one purpose - visiting. Believe us, if there was a way to avoid the horrible 12-14 months it takes to complete the spouse visa process, then we would do that. 

[conch monch 22]

1 hour ago, asdfghj96hg said:

Hm, you're wrong. On the US immigration site it talks about filling for the adjustment of status for a foreign spouse. 

I think listening to these knowledgeable folk is a good idea. While only family/spouse/child could adjust status under VWP, that's only if you have non - immigrant intent, which is currently not the case for you. Burden of proof would be on you (your spouse) and it would be a risk.

 

How much longer will you be in Aus for?

[kris&me 572]

You have gotten good advice from the people who (for years ) have seen it all

Marry there and USC returns to US to establish doicile and apply CR1

or get the necessary documents and letter of "intent to marry" from Austrailian and USC returns to establish domicile in US and apply K1

CR1 in the long run is cheaper BTW as if using K1 the AOS in US is a heafty fee

But as said above the Australian must remain there until visa is granted (probably could get tourist visa as not high fraud but don't use that and marry here)

and it will not matter that you are not high fraud country if you try to circumvent the immigration laws 

a ban is a ban

[Crazy Cat 42,325]

1 hour ago, asdfghj96hg said:

I don’t think you read my post correctly. I said if I marry him in Australia, therefore he would be my spouse. Would I apply for a CR1, or apply for an adjustment of status. If you go on the immigration website it says if you are married you can apply for that.

I concur with @JFH.  If you marry in Australia, you have only one option to live in the US....a CR-1.  The foreign spouse is allowed to visit during the process, but the spouse can not stay and adjust status.

[CEE53147 559]

If you do not believe those on the forum, hire an attorney to advise you.

[geowrian 22,338]

There's always another option. Tell CBP what you plan to do and see what happens. If it's legit and legal, they wouldn't have any issue with it, right?

[asdfghj96hg 0]

2 hours ago, geowrian said:

There's always another option. Tell CBP what you plan to do and see what happens. If it's legit and legal, they wouldn't have any issue with it, right?

Hello!

Thanks for taking time out of your day to respond to my post. Your ignorance is great! I asked a question on which is allowed. Yet I kept being told that bringing him to the states with intent to marry is fraud. Unfortunately, you didn’t read correctly, as I will be marrying him in Australia, and wanted an opinion on which route is the best, simply because I wasn’t sure which is allowed. So maybe you should read the post correctly, right? 

[Lemonslice 4,968]

34 minutes ago, asdfghj96hg said:

Hello!

Thanks for taking time out of your day to respond to my post. Your ignorance is great! I asked a question on which is allowed. Yet I kept being told that bringing him to the states with intent to marry is fraud. Unfortunately, you didn’t read correctly, as I will be marrying him in Australia, and wanted an opinion on which route is the best, simply because I wasn’t sure which is allowed. So maybe you should read the post correctly, right? 

Where you are getting married is irrelevant. Entering the US as a visitor with the intent to immigrate is not allowed.  

 

Some countries (Canada I know, Australia maybe?) have a process in place for spouses to enter and declare their immigrant intent at the border - just not feasible in the US without getting a visa first.  Spouse visa -CR1- will fit your situation.

 

 

Edited February 22, 2018 by Lemonslice

[Crazy Cat 42,325]

On 2/21/2018 at 5:23 AM, asdfghj96hg said:

I don’t think you read my post correctly. I said if I marry him in Australia, therefore he would be my spouse. Would I apply for a CR1, or apply for an adjustment of status. If you go on the immigration website it says if you are married you can apply for that.

No, it absolutely does not say that for your situation.  You are misreading it.  It does not say a spouse can enter the US via a non-immigrant path with the intent to adjust status.  You might want to read this.  The consequences can be harsh for attempting to usurp immigration law.

 

https://www.soundimmigration.com/can-i-enter-on-a-visitors-visa-b-2-and-then-adjust-status-to-permanent-resident/

 

Your ONLY option after marriage is a CR-1 visa.

 

 

Edited February 22, 2018 by missileman