Who do I talk to about my boyfriend who is from Aussie coming to live in America?
Hes flying in on November 6th and can stay in the states up to 90 days without a visa. If he wants to stay who do we go to for information about obtaining a green card/visa? I live in Northern California.
Immigration - 9 Answers
Random Answers, Critics, Comments, Opinions :
1 :
lol.. i live in nor cal also.. if you want him to stay get married real quick and he can stay!!!!
2 :
best check the immigration department website and call their number, they'll know what to do. it shouldn't be too hard.
3 :
He's coming on the Visa Waiver Program. There is no extension of any kind available to him. That's part of the program. To stay in the USA he will have to return to Oz and you will have to petition for him as your fiance. Once he comes back as your fiance on a K-1 Visa you two have 90 days to get married.
4 :
With the visa waiver program he has to go back to Australia before you apply for him to come on a fiance visa.
5 :
Oh boy . . . girl . . . There is no visa for a boyfriend or girlfriend. None. Your boyfriend cannot stay beyond the 90 days, or he will be illegal. Even if you were to marry your boyfriend out of the blue, he could not adjust status (AOS) with a VWP anymore, as that has changed just about 6 weeks ago. Since the I-94W participant waives any right to due process, an AOS petition would either not be accepted or outright denied, with a deportation order attached. (It would be different if he had a B2 visa.) In short, there's no way for him to stay legally. If you guys want to get married, that's cool. But once his 90 days are up, he has to return to Aussieland. You then file an I-130 petition for an "immediate relative" for him. For that you have to show that you make enough cash to take care of him, currently about $18K+. Once that's approved, you can file an CR-1 (conditional resident) visa. Once that's approved, he'll have an interview down under after which he can travel to the US as an immigrant. Two years later he will have to remove conditions (being still married to you), and so on. Every step of the way cost money, of course, since USCIS is self-financed. It will take several thousand dollars until he can become a US citizen.
6 :
@Brother, would it be better/cheaper to get married during the waiver and apply for a direct relative visa as you said or wait it out and get a fiance visa?
7 :
you cannot get a greencard for him unless you are married and you earn more than 125% above poverty level (currently about $19000 a year) and are willing to sponsor him..It's not really encouraged to get married and a greencard while your boyfriend is on a visa waiver program, but it's not impossible either.
8 :
Follow the flowcharts here http://familybasedimmigration.com/forum/index.php
9 :
If he's an Australian citizen, he is eligible for an E3 visa. All he needs is a valid job offer (assuming he has a university degree) which is valid for 2 years and is renewable. You are able to change staus while on the E3 visa, so it gives you plenty of time to plan the wedding.
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