Planning to marry while on E3 visa

[levabkomo]

So here’s the situation - My partner (Male, Australian/Italian) and I (Male, American) have been together for about 9 years. Until recently, we were living together in the Middle East working in dead end jobs. We knew it was risky, and sure enough early last year we were outed, lost our jobs and residence, and had to leave the country within a week.

I returned to America to stay with my parents. His parents are deceased, so he went to stay with cousins in Italy. We have both started over in new careers, and are trying to set up our new life.

We were concerned about getting denied immigration because he doesn’t have ‘strong ties’ to either of his countries of citizenship.

He has been working remotely for an international company (HQ based in Belgium) that has agreed to put him through the process of moving him to their American office through the Australian E-3 visa. Currently we are estimated to have the visa appointment around the end of April 2023

The logistics around all of this stuff is new to us, and I want to make sure we aren’t overlooking anything. We are planning to marry pretty much as soon as 90 days have passed after his entry in the country because I think it demonstrates he wouldn’t have just been in the country for the length of a tourist visa?

Being separated has been incredibly difficult, but I’m getting worried that maybe we should have gone for the spouse visa from the beginning and that we’ve potentially set ourselves back many more months of waiting. Are there major issues with our situation that we are overlooking?

Truly grateful for anyone’s perspective.

[newacct]

He should not enter on E3 visa with preconceived intent to apply for Adjustment of Status (the process of getting a green card from within the US) during that stay.

[JayarTayarico]

Firstly, I empathize with the challenges you and your partner have faced and the complex immigration journey you're navigating. It's clear that you both are committed to building a new life together despite the obstacles.

Given your situation, here are some insights that might help you assess your approach:

1. E-3 Visa: The fact that your partner's international company is supporting his transition to the American office through the Australian E-3 visa is a positive step. The E-3 visa is specifically designed for Australians and offers a unique pathway.
2. Marrying After Entry: Planning to marry within the 90-day period of entry can indeed demonstrate the authenticity of your relationship, and it can be a strong indicator to immigration officials that your intention is to establish a life together in the U.S.
3. Spousal Visa Consideration: While the spousal visa might have been an option from the beginning, your current strategy aligns with demonstrating the genuine nature of your relationship by marrying after entry on a different visa. This approach can still be effective and may avoid potential complications that can arise with some spousal visa applications.
4. Consulting with an Immigration Attorney: Given the complexities of immigration laws and regulations, considering a consultation with an experienced immigration attorney could provide valuable insights tailored to your unique circumstances. They can assess your situation, offer guidance, and help ensure you're on the right track.
5. Timeframes and Patience: Immigration processes often involve waiting periods and unforeseen delays. While it's natural to feel impatient due to the physical separation, remember that you both are making strides towards a shared future.
6. Documentation and Preparation: Ensure you have all necessary documents prepared for the visa application process, and stay organized to prevent any avoidable delays.
7. Maintaining Strong Ties: Even if your partner doesn't have immediate family in his home countries, emphasizing his career trajectory, established employment, and connections with his new community can help demonstrate "strong ties" in his visa applications.

Remember, immigration processes can be intricate, and your proactive approach and commitment to your relationship will be valuable assets. It's important to keep communicating with each other and to seek professional advice when needed to make informed decisions.