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Immigration Issues/Tourist visa, possible marriage

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Question
Dear Sir,

I am a United States citizen and i also serve in the Army.  While over seas i met an Australian girl and we have become romantically involved.  We are discussing the possibility of marriage.  she has visited me both in other countries as well as most recently in the United States.  On her recent visit she entered via the vwp.  We are trying to get her back into the country for a longer period of time to see if we are right for each other.  she has an upcoming interview for a b2 tourist visa in a few days.  i guess what i want to know is what are the chances that she will be granted the visa.  obviously the interviewer will know we are romantically involved.  will they deny her because they think she will not return to austrailia?  my main concern is her being denied a visa because they thing we might get married. if she is denied will she be flagged and no longer able to enter under the vwp?  so in a nutshell, what are her chances of getting a visa and generally how long will it take to get it.  furthermore, once in the United States, if we do decide to get married what would be our hurldes?  we would have no problem proving a truthful and bonafide marriage, we are not in this for citizenship?

sincerely,

eddie

Answer
Well in short she will probably not get the visa. They almost never give a B visa to someone from a waiver country unless there is a very good reason. The fact that she is romantically involved with a US citizen will be the death blow and may very well result in cancellation of her waiver visa because of the possibility that she will enter legally under the waiver and then legally get married and adjust her status to a green card holder while in the US. There is nothing wrong with this. The only problem is that if you tell them that is what you are going to do, they will deny your visa, and demand that you get a fiance visa, which is a long and complicated process. She should not mention her romantic interest. Hopefully she did not state it in the application. If she did she should just abandon the whole thing.

I think the best thing for you both to do is have her come over and then make a decision. If you do not want to get married, then she goes  back. Even with a B visa or a Fiance Visa you will have to make a decision in a short amount of time. The B visa only lets you stay in the US 90 with a chance of an extension. The fiance visa demands that you get married within 90 or 180 days (I cannot remember).

Or you could go to Australia. I have always wanted to go myself. It could be fun, and you might find Australia a nice place to live.

Good luck.

Immigration Issues

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Alexander J. Hay

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I am a U.S. lawyer with offices in Houston, Texas and in Belize. I can answer questions on U.S. Immigration, U.S. corporate law, and Offshore Tax and Asset Planning.
If you are on an H or L visa I am NOT GOING TO ANSWER your questions since they are usually highly fact oriented, and also you have a company attorney handling the whole thing. Call your own attorney please! If you disregard this request, don't be surprised if I answer with "homework question".

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I am a U.S. attorney with offices in the United States and Belize. I have experience helping to protect assets, reduce taxes, and improve investment performance by utilizing global investment techniques.

Education/Credentials
Harvard University, A.B. degree; University of Houston Law Center, J.D. Degree; Fulbright Scholar

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