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Discussion Starter · #1 ·
My Australian boyfriend received a job offer in the USA and the plan is to start the job in Nov. His employer is arranging the visa -- and, he doesn't know which visa he'll get.

However, I just read that if he has a E3 visa, he is technically not allowed to get married with this visa. If we get married, there will be a lot of questioning if he applies for citizenship.

Is this true?

I'm worried that given the application processing time, if I apply for a fiance visa now, he won't be able to start next month.

I'd appreciate anyone's kind advice and experience sharing

:confused:...
 

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However, I just read that if he has a E3 visa, he is technically not allowed to get married with this visa. If we get married, there will be a lot of questioning if he applies for citizenship.

not true ... you can marry and file to adjust status if in the US legally
 

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Discussion Starter · #4 · (Edited)
Thank you so much for your answers... I'm relieved!

I had read about the problem-with-getting-married-on-a-E3-visa on the website justanswer in regards to immigration law -- since a lawyer wrote the answer, I figured it was correct:

"Well, it is not so simple. Technically, you are not supposed to get married on an E3 visa. If you doe this, your application for residency may be denied. You'd have to show that you had no 'dual intent' to stay here when you were applying for this E3 visa and traveling here. This is a very subjective situation and while generally USCIS tends to approve such marriages if they are genuine, there is always a risk that it would not be, and if so, you'd be asked to leave the country."

Many many many thanks
 

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Show me the US attorney who starts a discussion, in writing too boot, with "we'll, it is not so simple". If you feel more comfortable using an attorney please research his background otherwise do your own legwork. Read the instructions, retread the instructions, proof your documentation prior to mailing it and keep copies of everything you sent. Good luck!
 

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But what kind of visa are you planning to enter on if you also come in November? He has to get his visa first before he can submit the petition for your visa, and then a K1 visa usually takes about 3 months from submission of the petition through to granting of the visa. Given the recent shutdown, that time is probably now longer due to backlogs.

You can't come in on the VWP unless you intend to also leave again. USCIS is pretty strong on not permitting an in-country change of status from VWP, because it is only for those people whose intention is to visit. And it is pretty much the same thing with a B-1 visitors visa, unless you plan to stay temporarily and then return home for the interview/visa issuance.

We ran into this problem last year with a K3 visa (NZ citizen, US spouse) and had no alternative other than for him to start the job and me to wait for the visa before joining him permanently. But I had no problem visiting temporarily with our kids for 3 weeks in the middle of the waiting process, using the VWP.
 

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Oops, sorry, just realized I totally misread your post and that you are a US citizen, I thought you were Australian too.

I would call USCIS and talk to them. I have to say I found them pretty helpful generally. Maybe you could look at doing two parallel processes? i.e. get married in Australia now and apply for the I-130 petition for him, and at the same time, he applies for the E3, which I believe is temporary? That enables him to legally enter and start work in November and then once the petition is approved, he could apply at some point for a change in status to a green card. Sounds like they may not particularly like that, but it seems the worst thing that would happen is they tell him to go back to Australia for the interview.
 
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