Us citizen wishing to marry Austrailian citizen and both rside in US afterwars

A

andyman160

New Member
I am a US citizen. I am intending to get married to woman who is an Australian citizen. She has visited the US a few months ago on a tourist visa and we met for several days. We have since communicated via the internet and telephone and decided we want to marry and reside in the US. She has a child who will be comming with her to the US. I have done research on several sites, government and private. I have heard several stories but none that are exactly what I am looking at doing. What we would like to do is have her return to the US on her tourist visa, get married and simply have her stay here. What would be the best way to go about making this happen and what would be process be?

Thanks
 
That plan is illegal. A B-2 tourist visa is inappropriate for the purpose of coming to get married and stay here permanently.

You need to file an I-129F for a fiance visa, her unmarried child, under age 21, can come with her. You'll have 90 days to get married then after married she and child file the I-485's for adjustment of status. The I-129F supplants the I-130 petitions.

If you marry a nonimmigrant tourist whom you already met a short time ago while she was in the U.S. and want to adjust both her and her kid, you'll have to file two I-130's instead of one I-129F.

Inappropriately using the tourist visa will likely lead to an I-485 being denied due to immigrant intent when she entered on a tourist visa by lying about her intentions and then forcing her to go abroad for consular processing anyway and apply for a waiver for fraud/misrepresentation. They are cracking down on this blatantly fraudulent use of the B-2 visa.

You two met while she was in the U.S,, she went back and wrapped things up to prepare to move to the U.S., this will be obvious to USCIS when she illegally enters on a nonimmigrant visa, marries and files for adjustment. People on this site and others will tell you all the "tricks" that worked for someone at some point, but as time goes by the tricks become obvious BS. USCIS is not full of idiots, they do catch on to these "tricks" and choose NOT to exercise discretion in adjustment. The only "punishment" they can dole out is finding fraud and forcing one to go abroad and go through consular processing AND force them to get a waiver for fraud/misrepresentation (extra form, extra fee and a lots of extra time, effort, expense and aggravation overall).

Take your chances but be forewarned.
 
Thank you, that is what I was wanting to know. We want to go about this the legal way ofcourse but was not sure of the best way to do it. This is my first time doing this sort of thing, hopefully the last too. Again thanks for the insight.
 
I am in a similar situation except for a few things.
I am a USC and dating a Nigerian man. we met online. We hope to have him enter on a B1 or B2 to visit and get to know each other's family and friends. our question was can we apply for the k-1 to get the process going while hes here on the b1 and he leave and return on the k-1 visa. or like suggested above just come on the k-1 only. the reason we want him to come over on a tourist visa is so that he can get to know my family and not have a "shot gun" wedding so to speak.

thanks so much
 
Sure he can come over on a B1/2 visa and then begin the K1 paperwork while he is in the States (we sent of my K1 petition while I was still in the country).

Does he already have a B1/2 visa? If he doesn't, I believe being from Nigeria, he will have a very difficult time trying to get one anyway.
 
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