Immigration Issues/B1/B2

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Question
Hi,

i'm marrying my fiancee (a US Citizen) next week in australia and we were hoping to go and travel around the US and work next year. (she is deperate to go back for christmas, so that timeframe is set in stone)

after investigating the timeframes in getting a i-130 approved, we thought we should get a b1/b2 (i'm australian and eligble for visa-waiver), and file the I-130 in australia before leaving, and visit her family for a few months then travel to central america, hopefully by that time the i-130 will have been processed and i can interview in the US and adjust status then.

is this a viable approach?

Answer
If you are going to get married in Australia, the B visa will no longer be issued to you since that would involve dual intent. In fact, if you apply for the I-130 and package, then you will have any B visas that has been issued to you canceled.

I know if you have your wedding planned there is not much you can do now, but I would suggest you do not get married in Australia, travel to the US, get married in the USA, and apply there. It will take a long time to process, but while you are waiting you will be able to get a work authorization, and you will be able to leave the US if you get an advance parole re-entry permit.

I am not sure if you are saying this, but it sounds like you think you can apply for I-130 at the Australian US Consulate and then adjust when you are in the US?  I don't think that is permissible.

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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