Returning to USA, possible marriage - which visa should I be thinking about?

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SCF Snoopy

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I am an Australian national currently in the USA on a J-1 visa. The visa has just about expired, I am returning to Australia this week.

I have a boyfriend here, we have been together over 8 months now. We are trying to figure out a way to stay together, currently the plan is to simply "country hop" every few months, where I would come into the US on a VWP and stay no longer than the 90 days allowed. I would make sure I have convincing ties to Australia (because I DO intend to go back) so that I don't get denied access.

We have thought a little bit about getting married - there's really not a lot of reason not to, we're good together. I've told him I don't really want to get married for the sake of a green card - much better, in my mind, to do it for more conventional reasons - but if it's the best way for us to be together, it's certainly a valid option.

So my question is, if we decide to get married, what is the best option for us? I am going to be in Australia for at least a couple of months, if we make the decision to marry in those months, should I try to come back on a K-1 visa so we can get married the next time I return? We have plenty of photos and evidence of our "togetherness", but since it's still a decently young relationship I'm worried it might not just be that easy.

Any advice would be great, and bear in mind I'm still working my way through all this visa nonsense.
 
You can get married and apply for I-130 and consular processing while you are in Australia and then enter with your new GC once the process is complete. It shouldn't take more than 4-6 month.
 
Get married when, though? On the VWP, then do the paperwork once I return to Australia?

I've also been wondering whether it'll work out if he comes to Australia and we marry there. I think we'd both qualify for dual citizenship then, since as far as I know in recent years Australians have not had to renounce their Australian citizenship should they gain US citizenship.
 
Ok, thanks for the help. We've still got some decision making to do but here's hoping it all works out in the end ^^
 
We are more or less deciding now that we would like to get married, so the way I see it, we've got a couple of options:

1) He comes to Australia, possibly on a work visa, so that we can get married and he can remain in Australia (and thus with me) during the months it will take to process the I-130. I'll have to double check Australian visa restrictions for this, but I know he qualifies for one particular visa that, although expensive, is also quite liberal in what he can do.

The doubts I have about this option is that he won't be allowed to (intentionally) marry on an AUS work visa, and if he's not on a work visa, he might not have a way of staying here with me after the wedding while we wait for the paperwork.

2) We go ahead and apply for the K-1 visa and marry in the US once it's approved. I know it takes a little while for a K-1 to go through, but I'm under the impression that I'd be allowed to visit on the VWP while it's being processed (I'll probably just be watched more closely to make sure I don't overstay).

It'll pretty much come down to whichever option allows us to be together while we wait. Just wanted to see if anyone had some helpful opinions on the matter :)
 
Actually, I've just done some reading... turns out Australia has something equivalent to the K-1 visa, except it's valid for 9 months and allows him to travel in and out of the country (as long as he enters Australia at least once) as much as he wants, and we don't even have to get married IN Australia. That's already 3 points on the "Why I Love My Country (even though I like America too)" list. So option 1 is looking even more enticing, given that he won't need to enter on a work visa. Would still like to hear back on option 2 though.
 
As for 2) its out of the question to use VWP since you have clearly shown immigrant intent at that point (being married to a USC or wanting to be). While some people are able to sneak into the US on VWP anyway, its certainly a bad idea with K-1 and later I-485 pending. You don't want to screw up your adjustment of status or citizenship application later.
 
Really? They're not going to let me visit while the visa application is pending?

Will the customs official at the POE even *know* I have a visa pending at that point? I can honestly say I don't intend to overstay the VWP, especially because my boyfriend wants to come back with me to holiday in Australia.

So, essentially, I'm going to have to wait 6-8 months to see him again... I don't know if I can do that...

On another note, I noticed on the K-1 application forms that if I've been in the US in the past on another visa (in my case, a J-1) they want my I-94 number. I handed my I-94 in to airport officials when I left San Francisco and never once thought I'd need that number. Is there any way to look it up or could I just leave that field blank (if I ever file the damn things, knowing what I know now...)
 
Yes!!! You CAN visit.
It is perfectly fine to visit the US whilst you have a petition pending. The problem is that by having a petition for a visa does show that you 'eventually' have immigrant intent, therefore it is up to you to provide sufficient evidence to prove that you ARE going to return home after that particular visit. Obviously if you cannot provide this evidence then the officer at POE will be within their rights to deny you entry. However, MANY people are able to successfully visit their fiances in the US, and it is perfectly acceptable to do so- though you just have to be aware of the risks that you many be denied and sent home.

Heres a guide for foreign fiances wanting to visit their American fiances.
http://www.visajourney.com/forums/index.php?autocom=custom&page=k1visit

Heres also a detailed thread documenting different peoples experiences
http://www.visajourney.com/forums/index.php?showtopic=67796&hl=visiting
 
elcupacabras - that's a relief to hear! I'm checking out the links you gave me right now.

Yes, I'm definitely going to have a letter which says I'm expected back at work, and I plan to tie myself up with a couple of other commitments so that I won't be denied.
 
I hope everything works out for you :)

Just a sidenote....should you be denied entry on VWP (fingers crossed that this wont happen), then this will have no bearing on your K1 or AOS......so there will be no negative impacts.
 
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