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  • Screwed

    My Australian Fiancee has entered the US three times on Visa Waiver. We set our wedding date for June 7th and sent out invitations. She went back to Australia for 3 weeks and was due to come home Thursday, April 17th. Note that I said "was".

    I had discussed our case with the Dept of Imm., since there was no chance of getting a K-1 before our wedding, they suggested we simply apply for a K-3 after our wedding, and she continue to go back to Australia every 3 months until the K-3 was granted. Infact, when I again asked "So she will have to return to Australia every 3 months until the K-3 is granted, which will likely be 10+ months", one agent said "Well, that's the honest way."

    Well, today she applied for a B-2 Visa, rather than re-entering on the Visa Waver. (My idea. I'm such a genius). During the interview she disclosed that we are engaged. She was immediately informed that she would not be granted a B-2, nor allowed a Visa Waiver, the only way she could enter the US would be a K-1. (In fact, they said she shouldn't have previously been allowed to return to the US on a visa waiver). Obviously there is no chance of getting a K-1 before our wedding date. Throws a bit of a wrench in the wedding plans..

    Several relatives have already bought tickets here for our wedding. Obviously I didn't forsee this being an issue at all, both times I discussed our case with the Dept. of Imm, they told me she should return on the Visa Waiver since there was not enough time to get a K-1.

    Unless I'm missing something, we have no choice but to:

    A: Wait for a K1 visa

    B: Get married in Australia and wait for a K-3 visa.

    If we have any other options, what are they?

    Thanks,

    Mike

  • #2
    No other choices...
    Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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    • #3
      A or B are the only options. You pretty much figured it out. It was not a good idea to apply for a B2 (due to immigrant intent) and that denial closer door for visa waiver as well.

      You should have spoken to a compentent lawyer than USCIS that could have guided you properly.

      You just have to start looking for a new wedding date or change the venue to Australia and catch a plane soon. Sorry!

      I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

      Comment


      • #4
        I may be building false hope here, but....

        I emailed the conslate, and have been told that my fiancee can re-apply for the B-2 Visa. It seems that the possibility of another interview being successful depends entirely on how much of the previous interview's content was recorded.

        At any rate, all we have to lose is the application fee.

        Comment


        • #5
          ALL of the content and answers are recorded. Chances are she could get the same VO.
          Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

          Comment


          • #6
            That will make it quite difficult. She'll have to have answers that correct her previous statements into what the VO wants to hear, but without seeming like she was or is being dishonest.

            Fortunately the Sydney Consolate isn't too busy, she got another appointment for Monday. Time to start some serious preparation, like should've done the first time.

            I'll probably have a few more questions before the interview, will keep you guys posted.


            Thanks

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