waiting for her divorce to be final

[scott&chris]

I have a couple of questions and any help would be greatly appriciated.

My girlfiend is an Aulstralian and awaiting a divorce to become final. It will not be final untill Aug of 2001 due to the fact they have a 12 month seperation requirement. She is her now on a 90 day visitor visa
first question
1 Is there a why she can stay untill Aug 2001?
2. If she can not is it possible to just leave the US and reenter from another country without going all the way back to aulstraila?
3. How many times will she be able to come into the country on a visitors visa before they feel she is a risk for staying without proper imagration.
4. After her divorce is final which of these option would be best and what are the pros and cons of each.
1. Marry her while she is here on a visitors visa and then adj her status.
2. Marry her in Aulstralia and have her status adj there. I believe we can go right to the consulate and do the status adj.
3. This is my least favorite option but have her go back and do the paper work for the K1 visa

I know this is alot but we are really worried about thetime we may have to spend apart and the cost of flying back and forth to AU

thanks for any help
Scott and Chrissy

 

[usdeeper]

1. Not on a tourist visa.
2. Risky, but possible.. but if you try canada or mexico they will will not renew the 90 days.
3. Twice.. and they they will refuse.

3a, with her record of staying the US for so long this could be risky.. but possible.
3b, there is no guarentee they will adj her status in the US.. so you may have to file I130 in the US and wait 12 months.
3c, best route.. but she has to return the Aus.

 

[scott&chris]

If she goes back for a k1 visa, what would be the expected wait for approval?

 

[AccokeekJeff]

You can't even file the K-1 until her divorce is final. I'm new to this forum, but marrying on a tourist visa and AOSing is one of the big debates on alt.visa.us.marriage-based. It seems like there has been no rejections due to this. If the rest of your case is straightforward, stay, marry and adjust after its final. The only catch is she will be past 180 day overstay, so don't get fooled by getting an AP. If she used it, she wouldn't get back in and probably be subject to a ban.

Jeff

 

[usdeeper]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by AccokeekJeff:
You can't even file the K-1 until her divorce is final. I'm new to this forum, but marrying on a tourist visa and AOSing is one of the big debates on alt.visa.us.marriage-based. It seems like there has been no rejections due to this. If the rest of your case is straightforward, stay, marry and adjust after its final. The only catch is she will be past 180 day overstay, so don't get fooled by getting an AP. If she used it, she wouldn't get back in and probably be subject to a ban.
Jeff<HR></BLOCKQUOTE>

Yes, she can stay and marry. I know it happens but never recomment it since there is always a chance it can be rejected because in actual immigration terms, it is visa fraud. Since I hate to advise someone to do something illegal, I stay away from it.

First person I have seen her who has mentioned that newsgroup.. know it well