Austria to USA

[mohbeaverhunter 0]

I am engaged to a beautiful Austrian citizen, not Australian...

I am a U.S. citizen. She can freely enter the U.S. with a passport (visa-waiver) anytime she pleases. What we are planning is to marry in the U.S. this June. We will marry 5 days after her arrival in the States (we currently have a reservation in North Lake Tahoe). She will stay here in the States for about a month, at which point she will return to her home in Austria. There are a number of reasons for this return, including that she must quit her job, gather her belongings, and give up her apartment. She is a nurse at home in Vienna, Austria. She is planning to re-enter the U.S. with her passport (visa-waiver) in September-October of this year to move here. We will then apply for an Adjustment of Status, eventually resulting in her Green Card. I am aware that she cannot leave the U.S. when this is processing.

I recently bought a book about all this, and I highly recommend it "A Couple's Guide, Marriage and Fiance Visas." The book says that being married to a U.S. citizen, and being able to enter the U.S. legally is a magic combination for permanent residence. This makes it seem like the fiance visa doesn't need to be done (IN OUR CASE). I understand that certain individuals from certain countries cannot enter the U.S. without a visa. A fiance visa is one such way for those individuals (intending to marry) to enter the U.S. But as I understand it, these specific individuals normally cannot enter the U.S. with this so-called visa-waiver, they need to obtain certain permission (fiance visa) to enter the U.S. Thus, individuals being able to freely enter the U.S. should not need a fiance visa. I will have a Bachelor's Degree in Biology at the time she submits her Adjustment of Status application, and will be working in my field, so support shouldn't be an issue, or will it?

My question is, will our situation pose a problem? Is there some sort of red flag that comes up when they swipe her passport when crossing to/from the U.S. border, that indicates she got married while possessing this so-called visa-waiver? Do they take into consideration certain characteristics of the individual applying for Ajustment of Status (education, employment history, languages spoken)? For instance, she is educated with a nursing degree, she practices nursing in Austria, and she speaks excellent English, German, Tagalog, and is learning Spanish. Would these facts give her an advantage and put her less at risk in her Green Card application process, since she married while in possession of this so-called visa-waiver? What is the likelihood of an Immigration Officer making an issue of marrying while in possession of this so-called visa-waiver? Is there a better way to approach our unique situation?

We have spoken to 3 attorneys, U.S. immigration, and to the U.S. Embassy in Vienna. We got answers such as "apply for the fiance visa" and "it is okay to marry while in possession of this so-called visa-waiver." These seem fairly credible resources to me...

We really appreciate any assistance you can give, but please only answer if you know the answers.

[athena_ny 1]

Yes, there is a big problem with this. While she won't have a visa, it will be fraud on the VWP by entering in September to adjust status. You either need to do a K1 visa to get here here as a fiance before you marry to do a K3 visa to get her here as your wife after you marry. Otherwise, she will use the VWP to enter with immigrant intent - and if the officers at the POE suspect it, they won't let her in, and if they don't and the immigration officer believes there was intent (which, from this post, there obviously is), you wife could be denied and removal proceedings will begin.

It is okay for her to marry on VWP but not okay for her to stay as you're detailing. Were it unplanned on her entry it would not cause an issue, but since it won't be unplanned, it will be a major issue. K1 and K3 are not for people who are from countries without VWP - go look at the K1 or K3 forums, they are filled with people from VWP countries.

The immigration officers aren't looking for how many languages you speak or how many degrees you have. They are looking for fraud - marriage fraud, visa/visa-waiver fraud, etc. And if you follow through as you have detailed, they will find it.

Might want to throw that book in the trash.

I am engaged to a beautiful Austrian citizen, not Australian...

I am a U.S. citizen. She can freely enter the U.S. with a passport (visa-waiver) anytime she pleases. What we are planning is to marry in the U.S. this June. We will marry 5 days after her arrival in the States (we currently have a reservation in North Lake Tahoe). She will stay here in the States for about a month, at which point she will return to her home in Austria. There are a number of reasons for this return, including that she must quit her job, gather her belongings, and give up her apartment. She is a nurse at home in Vienna, Austria. She is planning to re-enter the U.S. with her passport (visa-waiver) in September-October of this year to move here. We will then apply for an Adjustment of Status, eventually resulting in her Green Card. I am aware that she cannot leave the U.S. when this is processing.

I recently bought a book about all this, and I highly recommend it "A Couple's Guide, Marriage and Fiance Visas." The book says that being married to a U.S. citizen, and being able to enter the U.S. legally is a magic combination for permanent residence. This makes it seem like the fiance visa doesn't need to be done (IN OUR CASE). I understand that certain individuals from certain countries cannot enter the U.S. without a visa. A fiance visa is one such way for those individuals (intending to marry) to enter the U.S. But as I understand it, these specific individuals normally cannot enter the U.S. with this so-called visa-waiver, they need to obtain certain permission (fiance visa) to enter the U.S. Thus, individuals being able to freely enter the U.S. should not need a fiance visa. I will have a Bachelor's Degree in Biology at the time she submits her Adjustment of Status application, and will be working in my field, so support shouldn't be an issue, or will it?

My question is, will our situation pose a problem? Is there some sort of red flag that comes up when they swipe her passport when crossing to/from the U.S. border, that indicates she got married while possessing this so-called visa-waiver? Do they take into consideration certain characteristics of the individual applying for Ajustment of Status (education, employment history, languages spoken)? For instance, she is educated with a nursing degree, she practices nursing in Austria, and she speaks excellent English, German, Tagalog, and is learning Spanish. Would these facts give her an advantage and put her less at risk in her Green Card application process, since she married while in possession of this so-called visa-waiver? What is the likelihood of an Immigration Officer making an issue of marrying while in possession of this so-called visa-waiver? Is there a better way to approach our unique situation?

We have spoken to 3 attorneys, U.S. immigration, and to the U.S. Embassy in Vienna. We got answers such as "apply for the fiance visa" and "it is okay to marry while in possession of this so-called visa-waiver." These seem fairly credible resources to me...

We really appreciate any assistance you can give, but please only answer if you know the answers.

[Nancy2015 2]

Oh well...

A fiancee visa is not for certain individuals from certain countries who cannot enter on a visa waiver. It is for everybody. If you get married, then she leaves and then re-enters on a VWP with an intent to adjust status in the US, it will be outright visa fraud and, potentially, a lot of problems with immigration. If you want to get married while she's in the US on a VWP - it is fine. If she is going to return to Austria afterwards - it is perfectly fine as well. But after that you will need to apply for a K-3 spousal visa for your wife. If she uses a VWP to enter with an intent to adjust status, it will be considered visa fraud.

On a side note, I spent a lot of time in Austria as a child. I love this country

Edit:

Do they take into consideration certain characteristics of the individual applying for Ajustment of Status (education, employment history, languages spoken)?

Not for family-based immigrants. Employment-based - you bet.

Edited April 21, 2007 by Jewel12

[misa 2]

If only it were that easy! Even citizens from Canada can't just move here without a proper visa.

[CountryBoy 0]

I hope you listen to this excellent advice .