Is Adjustment of status possible!?

[ChickenNuggets982 1]

Hello, My Australian girlfriend is traveling on an ESTA to the U.S From October to January and I was wondering if it is possible to be able to marry her within this time and file for an Adjustment of status before she has to go home? I have many concerns as to if it is possible. I want to propose to her, if she says yes and we marry and file for adjustment of status before she leaves, I plan to try and have her live with me in the U.S. I am in the U.S Army and can deploy at any time and would feel safer if she was here. I want to make sure that it is allowed to bring her here. What should my first steps be and is this possible?

[powerpuff 6,697]

19 minutes ago, MoonlightXye said:

 

Hello, My Australian girlfriend is traveling on an ESTA to the U.S From October to January and I was wondering if it is possible to be able to marry her within this time and file for an Adjustment of status before she has to go home

 

What you’re suggesting is immigration fraud.

 

You should follow the law and file for a spousal petition after you get married and she departs the US. She will have a consular interview in Australia.

[ghostinthemachine 75]

Preconceived intent to use a non-immigrant visa or visa waiver (= ESTA) to obtain immigration benefits is considered fraud last I checked

[Daphne . 1,853]

1 minute ago, MoonlightXye said:

A follow up it is not considered fraud as she has no idea this is happening. She intends to go home, and I was told by another lawyer that it is entirely possible "If the marriage was not planned." We didn't plan to get married it was a last minute thing.

But you are already planning/thinking about doing this. And, ‘surprising’ you girlfriend by making her homebound and unable to work in the US for a few months doesn’t sound like a very nice surprise.. Do you know what the adjustment of status entails? 

[Boiler 45,486]

37 minutes ago, ChickenNuggets982 said:

Hello, My Australian girlfriend is traveling on an ESTA to the U.S From October to January and I was wondering if it is possible to be able to marry her within this time and file for an Adjustment of status before she has to go home? I have many concerns as to if it is possible. I want to propose to her, if she says yes and we marry and file for adjustment of status before she leaves, I plan to try and have her live with me in the U.S. I am in the U.S Army and can deploy at any time and would feel safer if she was here. I want to make sure that it is allowed to bring her here. What should my first steps be and is this possible?

One big issue apart from the other stuff is maxing out the VWP, the max stay is 90 days and you description covers 4 months, so not sure exactly what the dates are but she should not leave it close, delays etc happen and she does not want to lose her VWP privileges.

 

Sadly there are a lot of dodgy lawyers out there.

 

The other thing she might be asked about is how come she has so much vacation. 

[Redro 4,611]

36 minutes ago, ChickenNuggets982 said:

Hello, My Australian girlfriend is traveling on an ESTA to the U.S From October to January and I was wondering if it is possible to be able to marry her within this time and file for an Adjustment of status before she has to go home? I have many concerns as to if it is possible. I want to propose to her, if she says yes and we marry and file for adjustment of status before she leaves, I plan to try and have her live with me in the U.S. I am in the U.S Army and can deploy at any time and would feel safer if she was here. I want to make sure that it is allowed to bring her here. What should my first steps be and is this possible?

Do you really think it is a good idea for you to have your girlfriend come over to the US, be in the middle of adjusting status, and then you are deployed before she is able to leave with you?

Why do you think it is a good idea to leave her stranded in the US with possibly no ability to work or drive- if you live in a state that does not give driver's licenses to people without EAD or green cards?

Also, she can only visit for 90 days so make sure she does not overstay her allowed time in the US or she will lose her ESTA privileges- make sure she leaves well before the 90 days is over. Do not listen to any lawyer who told you "There is a 90 day rule, don't get married before she has been in the US for 90 days."

As you are in the military you can marry her (if she says yes) during her trip to the US, and then she should LEAVE,  and  maybe try to get her on your orders... this way if you are deployed she can travel with you and maybe apply for expedited citizenship. 

[Crazy Cat 41,845]

2 hours ago, ChickenNuggets982 said:

.......

You are playing word games.  It is illegal to enter the UD as a non-immigrant with the intent to adjust status later.  You are planning this.  It is fraud.  We are prohibited by the terms of service, to condone this.

[Crazy Cat 41,845]

3 hours ago, ChickenNuggets982 said:

and would feel safer if she was here.

Sorry.  That doesn't make sense.  How does she feel about it?

[SalishSea 17,827]

4 hours ago, ChickenNuggets982 said:

Hello, My Australian girlfriend is traveling on an ESTA to the U.S From October to January and I was wondering if it is possible to be able to marry her within this time and file for an Adjustment of status before she has to go home? I have many concerns as to if it is possible. I want to propose to her, if she says yes and we marry and file for adjustment of status before she leaves, I plan to try and have her live with me in the U.S. I am in the U.S Army and can deploy at any time and would feel safer if she was here. I want to make sure that it is allowed to bring her here. What should my first steps be and is this possible?

That is fraud.   Don’t do it.   

[SteveInBostonI130 3,434]

Australia is not a safe country?  When did this happen? 

[Crazy Cat 41,845]

16 hours ago, ChickenNuggets982 said:

I want to propose to her, if she says yes and we marry and file for adjustment of status before she leaves, I plan to try and have her live with me in the U.S.

Most people who travel that far, for a visit, can't just suddenly decide to stay in the US.  It just isn't practical.  That would require pre-planning.....which is visa fraud. 

[GEOntificator 281]

14 hours ago, Crazy Cat said:

You are playing word games.  It is illegal to enter the UD as a non-immigrant with the intent to adjust status later.  You are planning this.  It is fraud.  We are prohibited by the terms of service, to condone this.

OP's situation is interesting... Technically, potential applicant has no clue about any of this and would be entering US with an intent to leave within her authorized stay. If OP proposes and she says yes, then she decides to adjust this would be a true example of changing circumstances. I do not see an issue here, HOWEVER it is likely illegal for OP to be planning this. I do not see how OP's gf would be at fault if she has no clue that OP is going to propose.

[Redro 4,611]

32 minutes ago, kvito28 said:

OP's situation is interesting... Technically, potential applicant has no clue about any of this and would be entering US with an intent to leave within her authorized stay. If OP proposes and she says yes, then she decides to adjust this would be a true example of changing circumstances. I do not see an issue here, HOWEVER it is likely illegal for OP to be planning this. I do not see how OP's gf would be at fault if she has no clue that OP is going to propose.

Immigration wise: no issue with what he is planning. 
Relationship wise: might not be smart to surprise someone with a big life changing decision where they might be stuck in the US alone with no job or support…. 

[manyfudge 291]

1) do it properly with consular processing.

2) your wife enters the U.S. and she can join you right away abroad.  And do expeditious naturalization.  

 

 

[beloved_dingo 1,976]

Most couples discuss marriage before getting married. It is even more important to discuss when your partner lives 9000 miles away. I know from experience - my husband is Australian. If you truly do not discuss a word of this before she arrives (the only way that it would be remotely legal, on her end) then you will be springing something HUGE on her. What if she wants to return to Australia before staying in the U.S. permanently, to see family/friends, say goodbye, get belongings, and tidy up loose ends? As others have mentioned, she won't be able to work/travel for at least 6 months (possibly much longer). If she wants to return to Australia after her visit, then you'd have to do consular processing anyway, and your plan is not worth the risk since it is on shaky legal ground at best and is downright illegal if she is privy to the plan whatsoever. 

 

Btw - CBP can check phones and electronic devices. So if you do discuss this with her, it is possible CBP will find evidence of it. Don't risk it. 

 

One last thing. You can't say "We didn't plan to get married it was a last minute thing" when her trip isn't until October. Something that is months away is not "last minute". It's also odd to say "we" if she is supposedly completely unaware of your plan.