K Visa & VWP Questions

[bean_bags]

I entered the US for the first time on the Visa Waiver Program, from Australia, on the 9th of February 2009. My stay here expires on the 8th of May 2009.

The purpose for the visit was to meet my long distance boyfriend (at the time) of nearly two years for the first time in person. After being here for two months I realised that he was the one for me and he agreed to the point that he asked me to marry him!

Background Info: My fiance was born in California and is a US citizen. I have been a citizen of Australia for 12 years. We've never been married and none of us have ever had children.


A couple of options to choose from, what is best:

(1) Should I not marry him just yet, stay his fiance, go back to Australia before my time here expires and apply for the K-1 visa using Direct Consular Filing? Apparently US Embassies in Australia allow DCF, is that even true?

(2) Can I get married to my fiance in America, who is a US Citizen and apply for a green card straight away before I'm meant to leave? Can I skip filling out all of the other forms? Would that make me legal to stay?


Questions:

(1) Is DCF meant to be quicker than just the usual K-1 processing time? How much time would it take? Can I DCF while in the US? Is it true that my US fiance doesn't need to be present for any visa interviews at a US Embassy in Australia?

(2) Do Australians in Canada have the same or similar working rights as Canadians, being that Canada is a part of the Commonwealth?

(3) Can I receive dual citizenship (US-Australia)?

(4) Are there any other options I have being on the VWP? I know I can't extend my stay, or work nor study. I probably cannot even apply for a green card, what else can I do to stay in the US without having to go back, if I can even do that? Will filing for visa applications while being here let me stay longer?

I just don't want to leave my fiance now, both of us will be devastated and will find it hard to let go

 

[Triple Citizen]

A1.1: Right now, both K-1 and DCF are open to you. I believe the consulates in Perth and Sydney both do allow DCF. Check directly with the consulates.

A1.2: As long as you had no intentions of marrying and AOSing when you entered the US, you should be okay.

(1) Should I not marry him just yet, stay his fiance, go back to Australia before my time here expires and apply for the K-1 visa using Direct Consular Filing? Apparently US Embassies in Australia allow DCF, is that even true?

(2) Can I get married to my fiance in America, who is a US Citizen and apply for a green card straight away before I'm meant to leave? Can I skip filling out all of the other forms? Would that make me legal to stay?

A2.1: DCF is usually quicker than K-1 and K-1 is usually quicker than AOS.

A2.2: Working holidays are allowed to certain commonwealth citizens in Canada.

A2.3: I believe Australia has a few conditions for dual citizenship.

A2.4: Yes you can AOS from a VWP entry, provided the condition I mentioned in A1.2 is met.

Questions:

(1) Is DCF meant to be quicker than just the usual K-1 processing time? How much time would it take? Can I DCF while in the US? Is it true that my US fiance doesn't need to be present for any visa interviews at a US Embassy in Australia?

(2) Do Australians in Canada have the same or similar working rights as Canadians, being that Canada is a part of the Commonwealth?

(3) Can I receive dual citizenship (US-Australia)?

(4) Are there any other options I have being on the VWP? I know I can't extend my stay, or work nor study. I probably cannot even apply for a green card, what else can I do to stay in the US without having to go back, if I can even do that? Will filing for visa applications while being here let me stay longer?

I just don't want to leave my fiance now, both of us will be devastated and will find it hard to let go

 

[elcupacabras]

Is your fiance living in Australia?
For DCF, with most consulates (and I assume Australia is the same), the US citizen must have residency in that country in order to be DCF eligible.

Yep. Just done a little more reading, and all consulate districts abide by the 6 mos residency requirement, therefore to be DCF eligible, your fiance must have been legally residing in Australia in order to petition for you in this way.

http://www.visajourney.com/forums/index.php?showtopic=113160&hl=australia+dcf

 

[greencard4s]

Hi,
I'll try to add my 2 cents here
1- DCF is faster but unfortunately you are not eligible unless your spouse has been legal resident of Australia for at least 6 months before you can apply directly at the Embassy in Australia.

3-Yes, you can apply for US citizenship 3 year past the date you were granted LPR status.

4- You can get married and apply for Adjustment of Status without need for leaving the US, however since you know your boyfriend before you arrived in the US you should be prepared to prove that your intention was otherwise getting married and attempt to stay. Even tough spouses of US citizens are generally forgiven for violating some immigration law, going this route might result in your case been denied on the grounds that you commited visa fraud.
You might get married, go back to Australia and apply for Consular processing and/or K-3 spouse visa. The former will generally take 6-10 months roughly.
If you decided so you can get married now and your US husband files I-130 petion on your behalf to save yourself time. In this case you need to make sure you leave before your authorized stay expires.