K visa help

[Corey Sims]

Hi all, just a question on how i should proceed with migrating to the U.S.

I'm an Australian citizen, and my wife is a U.S. citizen. she moved to Australia in December of 2013, and I'm February of 2014 we got married here. she really misses home and family so we think it's time to move back to her country. we're looking at November of 2015, and am unsure how to go about it or what our options are?

I've read that we can go over (me on a tourist visa waiver program, or B1/b2 visa if needed) and then apply and send in forms for a spouse visa?? I believe it's I-130 and I-485? is this possible?
and if so, will the income requirements be a problem since she won't have a job right away if we go?


we are just trying to get as much information and knowledge on this subject as possible so thanks for any help! we appreciate it.

Also I should note, my wife is pregnant and due in February of 2016 if that makes any difference?

[inadmissible]

B visas are for temporary visits.
K visas are getting married and becoming an immigrant.

Since she is already your spouse, she should petition for you to receive an immigrant visa.

The income requirements can be satisfied with cash & securities.

[Corey Sims]

B visas are for temporary visits.
K visas are getting married and becoming an immigrant.

Since she is already your spouse, she should petition for you to receive an immigrant visa.

The income requirements can be satisfied with cash & securities.

I'm aware we need a K visa, but what I'm trying to ask is, can I enter on a visa waiver program (90 days) and then file form I-130 and I-485? is 90 days long enough for the I-485 to put me in protected mode?

[inadmissible]

You're protected from deportation as soon as they issue a I-485 filing receipt, which takes one or two weeks. The problem is how are you going to gain admission on VWP? That is for temporary visits. What would you tell the border agent who asks you about the duration and your plans for your trip?

[Corey Sims]

You're protected from deportation as soon as they issue a I-485 filing receipt, which takes one or two weeks. The problem is how are you going to gain admission on VWP? That is for temporary visits. What would you tell the border agent who asks you about the duration and your plans for your trip?

We are visiting her family for thanksgiving and Christmas, the baby is due in early February and knowing my wife she might not feel well enough to fly back to Australia when she's that heavily pregnant, so if we have to stay there is just like to know my options, it's not a definite plan of staying at the moment as i know that is fraud