Kathryn41

Expect problems, because on the surface it looks like you married an American in order to evade immigration law and facilitate your children's father's entrance into the US.
Does your current husband know you are planning to divorce him? In order to naturalise under the three year rule you must be living together with your US citizen spouse in a true marital union.

Like I said before - print out the copy you made of your original receipt PLUS + bring the NEW receipt that BPI just gave you!!!!

You have a copy right ? Print that out and bring it along with the "new" receipt.

A K3 visa is a nonimmigrant visa which allows the spouse of USC to travel to the US and adjust status here, rather than waiting for an immigrant visa abroad. It was convenient back when the processing times for the I-129F were much faster than the I-130. Some people had their petitions approved in as little as one month. Nowadays with the huge backlogs, the K3's are becoming virtually obsolete.

cocolucho.. you are part of the 0.3% (or was it 0.03%) have have gotten a K3. Rather like a Unicorn. Granted it is more common this year than it was last year, but that is to say it may be .3% this year and 0.03% last year.

I know some people here at VJ are discouraging you to file an I-129F petition for your spouse for a K3/K4 visa, if I would have listened to them and done that I would not be in the place I am right now.
My wife and daughter just received their K3 and K4 visas and will be joining me soon. I can be exception to the rule many will say, but if I did not file I would still be waiting for my I-130 to be approved or stuck at NVC like many other filers. Filing the I-129F does not cost anything to file, just time to file and maybe $8 dollars express mail it with return receipt. If she enters on a K3 she will have to adjust status and spend an additional $1070 (given that your child will be a US citizen once is born and will get a US passport).
If I was you I would file both petitions if you can afford the extra cost if she enters the US on a K3 visa and if timing is an issue I think the extra money is well worth it.
Good luck in your journey and wishing you the best!!!!

Op hasn't been back, probably because of the time difference.
The legal way to proceed is to file for the CR-1 which will not get her a visa prior to the birth of the child. One of two things can happen. You can go to her for the birth or she can come to you. Either way it will be on the VWP. Don't expect it to be easy if she comes here as it will be virtually impossible to get the child a passport prior to the 90 days expiring. She will have to come prior to 36 weeks (some airlines earlier), give birth which is always iffy on the date, obtain all the paperwork for the passport (birth certificate which could take days or weeks), then apply for and receive the passport. Unless Dad wants to play single parent for a while (kind of hard if she breast feeds). Also the costs of giving birth is outrageous and since she would be a tourist she won't be able to get insurance. Unless you happened to add her to your insurance when you married you are out of luck there.

You missed the point. If the baby is born in Aus - socialized medicine means no out of pocket costs. Not necessarily true in the US. My post was not directed towards the citizenship of the baby
The "how long do you intend to stay" question, that is common at POEs is the one that gets most people in trouble. As the honest answer to that question is "forever". If one answers anything but that - it is a lie in that situation correct?
OP - good luck

***** Mod warning: Please remember our TOS: we will not condone, advise, support or otherwise assist in illegal immigration activity. This discussion about AOS skirts dangerously close to that, and could lead to a lifetime ban for the OPs wife if there is a finding of visa fraud. Let's stick to the K3 path- or other options for the OP which are completely legal. ******

I completely agree. I just haven't found a way to avoid the lying part.
OP - I suggest you start filing the papers for a spousal visa and plan on your wife using the socialized medicine of Australia to have the baby.
good luck

K3 visa isn't a viable path because it is taking about the same time as the IR1 process. It's much more likely that you will receive the IR1 visa. In either case the baby would be born before before any visa could be issued because of the length of the wait. You are a USC and your child will be one upon birth so that's not something you have to worry about. As for your wife, since you are already married you have to start by filing form I-130. Here is a link with the process:
http://www.visajourney.com/content/i130guide1

Thank you, Soloenta. It's always good when people want to help keep Visa Journey a productive and useful site.
Becoming a Moderator, unfortunately, isn't a matter of volunteering nor even of wanting to be a moderator. Moderators do a variety of jobs from keeping the peace, removing inappropriate comments, issuing cautions and warnings to members who are posting inappropriately or whose posts are causing problems, making difficult decisions about members who fail to comply with moderator's requests or whose violations of the Terms of Service are so egregious that their account needs to be suspended temporarily for a 'cooling off' period, or in some cases permanently banned.
In addition to this they also do basic 'housekeeping' activities, like moving posts and threads to the correct locations (along with Organizers who also do this job), removing duplicate threads, merging duplicate threads that have answers so all of the information is in one place, removing posts that members wish removed, keeping an eye out for sensitive personal information that needs to be edited out for security reasons (done by lead Mod or Administrator), removing spam and spammers, reviewing reported threads and responding appropriately, keeping all of the documentation and 'paperwork' about these activities, interacting with the other mods and administration about these activities, and participating in Moderator meetings. They also assist with technical site issues, if necessary.
Moderators are generally chosen from a list of potential moderators who have been identified by other moderators or site administration and sometimes recommended by other members for their general knowledge of the immigration processes, their familiarity with all of the different parts of the Visa Journey site including the Terms of Service, the level-headedness of their own responses when posting, their ability to remain outside of any disputes or controversies that develop in the forums (important as they will be the ones who have to adjudicate or moderate site controversies), their integrity (demonstrated through their posting history) and their demonstrated ability to deal with people from many different cultures, and address many different concerns, with a sensitivity to the needs of other posters. They are also selected from members who have been active and participating on Visa Journey for several years.
The Moderation Team consists of the Lead Moderator, 6 or 7 Global Moderators, and generally 1 or 2 General or Regional Moderators, along with about 15 to 20 organizers. That is 25 to 30 volunteers actively involved in making sure Visa Journey runs smoothly for its members.
Visa Journey is a large forum web-site with over 100,000 members so while the Moderation Team is 'small' in reference to the number of members, it is large enough to do the work of a 'report-driven' site where members report problems and the next Moderator who reads the report responds. All Moderators are volunteers and have their own personal lives, which often involve their own Visa Journey, along with their family, careers, etc. so a team of this size works well together while ensuring that most of the reports are addressed in a reasonable amount of time, even overnight. We would require hundreds of moderators if we were expected to read and moderate every single post that makes it to the forums. That is just too overwhelming and a moderation team that size becomes unmanageable and would soon lead to chaos. So, while this process isn't perfect, it works, especially when we consider that the members of Visa Journey are generally responsible adults and the majority of them never cause or create or become the focus of any sort of moderation 'issue'.
I hope this helps:-).

That's what's called a preclearance location. Only a FEW locations have it worldwide. You can find the list here: http://www.cbp.gov/contact/ports/preclearance/preclear-locations If you are NOT going through one of those listed locations, then you'll go through US customs once you land in the US.

But that takes effort and I really just want someone to hold my hand and quickly drag me through the process!

Yay, thank you! I had completely overlooked that. Now I just... don't have those arrow charts on my timeline. Oh well, I can live with that Thanks a lot!

Are you also updating your profile? That is where the updates that show when you post are updated. The timeline is a separate feature that you have to open up to see. So, if you haven't updated your profile as well, open up your profile and click on edit. That will give you the options you need to update your status in your profile. Then, just save them and you should see the changes on your public profile as well. Unfortunately, the Timeline and Profiles are not automatically linked so you need to update each one individually.
Btw - Congratulations on the approval!

I accidentally salted my coffee instead of using sugar this morning. Squirted some caramel syrup in there to counter. Does that make a salted caramel latte?

I am sorry this happened to you. Yes, get your divorce, but unlike others here I would advise you to let USCIS know. While it appears that your husband has no interest right now in returning to the US, IF he decides to return even after you are divorced and is allowed in with his green card, you are still on the hook for the affidavit of support. That is your 'interest' in advising USCIS that he has left the country and taken up residence outside of the country. You can advise them that his address is now: xxxxx and that you are divorced/getting divorced because the two of you no longer have a valid marriage.
This is not retributive nor trying to hurt him. It is merely protecting your self because he is still in a position to cause you problems even after you are divorced if he decides to change his mind and return to the US on his still valid green card. If you ever decide you want to sponsor someone else, you would then have to include his sponsorship in your financial commitment - and I am sure you don't want his 'presence' around to cause potential disharmony in any future relationships you might have.
Once someone takes up residency outside of the US, the US basically considers that they have abandoned their permanent residency status and revoke their green cards. For your own protection, let them know that you are divorced/divorcing and he has left the country to take up residence in his country of origin.
Truly, I am sorry. Good luck to you.

Hopefully, this is the longest I have made it thus far, but still a risk. 12 days of dark pregnancy tests though. That is a record for me.

Perhaps because our members know better and have not committed this type of immigration fraud.
From my pre-immigration life I do know of individuals who received permanent bans from committing immigration fraud. I worked for a Member of Parliament in Canada and we were approached a number of times by Canadians who had received permanent bans for committing both visa fraud and lying to US immigration, and wanted our help in getting the bans overturned - something, of course, we were totally not able to do. It happens - so why play fast and loose with something so important as your spouse?
Uncle Beer, I did not mean to imply that you would ask her to lie or that you had any intent of her lying to immigration and I apologize if that is how it came across. You were asking if this was an option based upon what you had read with regards to the VWP . I was trying to convey that with something this important you wouldn't want to take any sort of risk that could result in tragic unintended consequences.

While I can appreciate your frustration with the wait, doing what you suggest is immigration fraud. If your wife attempts to enter the US and fails or does not correctly declare her true intent, the outcome is likely to be that instead of waiting the time it takes for the paperwork to be processed, she will be faced with a permanent ban for mis-representation. Her immigration intent is already in the system. If she does declare her intent, then she will be denied entry until she has the correct documents. That in itself should tell you that this is not a viable option.
If you really love your wife and she is important to you, why would you even begin to consider jeopardizing your future life together in such a way? Good things are worth waiting for, even if it is the frustrating, annoying, bureaucratic dinosaur of the proper US immigration process.

congrats GandD! I picked you out a new avatar.

While I can appreciate your frustration with the wait, doing what you suggest is immigration fraud. If your wife attempts to enter the US and fails or does not correctly declare her true intent, the outcome is likely to be that instead of waiting the time it takes for the paperwork to be processed, she will be faced with a permanent ban for mis-representation. Her immigration intent is already in the system. If she does declare her intent, then she will be denied entry until she has the correct documents. That in itself should tell you that this is not a viable option.
If you really love your wife and she is important to you, why would you even begin to consider jeopardizing your future life together in such a way? Good things are worth waiting for, even if it is the frustrating, annoying, bureaucratic dinosaur of the proper US immigration process.

LOL - if that was one of the criteria, I'm sure there are many more 'qualified' candidates . Let's say that it has more to do with 'how' he chose to post rather than 'that' he posted .
Congratulations, GandD - I know you will do a great job!

LOL - if that was one of the criteria, I'm sure there are many more 'qualified' candidates . Let's say that it has more to do with 'how' he chose to post rather than 'that' he posted .
Congratulations, GandD - I know you will do a great job!