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Discussion Starter · #1 ·
My wild, but good intentions are to marry someone I have known for many years who is currently serving 8 years (not drugs, murder, rape, ) in a prison in the US. If I enter on VWP, marry this dude and stay under the 90 days returning to Australia and continue writing tilll his release, would he be able to enter Australia to be with me, next year? I dont intend to live in the US as it seems too bloody hard and I am relatively unskilled. But perhaps someone would know if he was able to enter aUSTRALIa, even if he was never able to return to the US???? I really would love to know if this is possible????? Please..
 

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I've moved your post to the OZ forum -- it seems to be about OZ immigration to me.
 

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My wild, but good intentions are to marry someone I have known for many years who is currently serving 8 years (not drugs, murder, rape, ) in a prison in the US. If I enter on VWP, marry this dude and stay under the 90 days returning to Australia and continue writing tilll his release, would he be able to enter Australia to be with me, next year? I dont intend to live in the US as it seems too bloody hard and I am relatively unskilled. But perhaps someone would know if he was able to enter aUSTRALIa, even if he was never able to return to the US???? I really would love to know if this is possible????? Please..
Whilst it is not illegal to get married while you are there, by participating in the VWP you are stating the purpose of your visit is for tourism or business. If on your arrival, the immigration folks hear that you are planning on getting married whilst there, they will turn you back around and put you on the next flight back to AU.

The biggest problem for you is for AU immigration though. As part of that, he will have to pass a Character Test. They will fail if they have a substantial criminal record.

Substantial criminal records

"A person is deemed to have a substantial criminal record if they have been:

* sentenced to either death or life imprisonment
* sentenced to a term of imprisonment for 12 months or more
* sentenced to two or more terms of imprisonment (whether on one or more occasions), where the total of those terms is two years or more
* acquitted of an offence on the grounds of either unsoundness of mind or insanity and, as a result, the person has been detained in a facility or institution."


Australian Immigration Fact Sheet 79. The Character Requirement


Looks like your only option would be to move to the US if you really want to be with him.
 

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Yep, as he has had a custodial sentence, he won't pass the character test.

Dolly
 

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Discussion Starter · #5 ·
Thank you so much for your responses, depressing though they are. But as I said I have no required skills that America doesnt already have. I have worked for a Japanese Wedding Company for 10 years as their resident wedding singer. (Watabe Weddings Australia.) They have offices all over the world. But there would be plenty of singers like me in America. I feel kind of hopeles now though. But thanks for your words.
 

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Thank you so much for your responses, depressing though they are. But as I said I have no required skills that America doesnt already have. I have worked for a Japanese Wedding Company for 10 years as their resident wedding singer. (Watabe Weddings Australia.) They have offices all over the world. But there would be plenty of singers like me in America. I feel kind of hopeles now though. But thanks for your words.
Unsure why you believe you need "required skills" if you immigrate to the US as the spouse of a USC.
 

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Unsure why you believe you need "required skills" if you immigrate to the US as the spouse of a USC.
Right, there are no required skills for the spouse of a USC. So assuming you can get a visa, K-1 (fiancee visa) or K-3 (spouse visa) you will be able to work in whatever field of your choosing.

However when applying for a US visa, they will require proof that you have a genuine relationship, which may be hard to prove if he has been in prison for 8 years. There are also issues of Financial Support, which could be a problem until he gets readjusted to the real world, and back in the workforce.

Also remember you cannot come to US on visa waiver and switch to any other kind of visa, even spouse. You would have to return to AU, and then return once the K-1 or K-3 is approved. There are other ways too such as student visa, but if you are considering moving to US then I would advise posting a message on the US forum.
 

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Discussion Starter · #8 ·
From experience how long would a K-1 or K-3 take to process?? And a prisoner doesnt usually have a lot of money on release so it would take a while to get established. Is it all impossible? I just cant see it being anything but complicated and drawnout. Has anyone on this forum ever been through anything like this?? Thanks for the above advice too.
 

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From experience how long would a K-1 or K-3 take to process?? And a prisoner doesnt usually have a lot of money on release so it would take a while to get established. Is it all impossible? I just cant see it being anything but complicated and drawnout. Has anyone on this forum ever been through anything like this?? Thanks for the above advice too.
Applying for the K-1 fiancee visa can take around 6-9 months. One of my friends is currently awaiting this visa for her fiancee in the bahamas. You will find all visa processing to be long and drawnout regardless of whether moving from US to AU or vice versa. Thats the price you pay for falling in love with someone from another country. I am originally from England and married my US wife, but was lucky enough to be able to come here on a student visa before we got married so I wouldn't have to wait outside of the country for visa approval.
 

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Discussion Starter · #10 · (Edited)
HOw would i be able to acquire a student visa??? Do I have to be currently studying in Australia or intend to study over in the US??? I only want to do the right thing and not end up turfed out on my ear when I get there. But I am serious about getting the right visa. I have already applied for the Visa Waiver as a tourist. Can I overrule that with a different visa before I actually go to the states?
 
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