Question:

I'm from Australia. moving to USA with my fiance who is American. ?

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Until we get married I have to leave the country every 3 months as I do not have a visa. How long do I need to leave the country for before I can return to the USA?

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  1. You can almost turn around straight away ... as long as it is not Canada or Mexico that you are planning on visiting to leave the country.

    However ...

    U.S. Immigration will be wondering why you are entering so often. The Department of Immigration will not enjoy hearing that you are planning on staying there once married - and may refuse you entry without needing to justify.


  2. The Visa Waiver Program does not stipulate a minimum amount of time you have to be out of the the USA before you can return.  Note that trips to Canada, Mexico, and some Caribbean islands don't count as "leaving the USA" for purposes of the VWP.

    However, Immigration watches carefully for people who are using the VWP to live in the USA without a visa. You absolutely do NOT want to be refused entry as that may make getting a visa and residency later more difficult.

    You NEED to get legal advice on what type of visa to apply for.

    Good luck!

    http://www.unitedstatesvisas.gov/

  3. stay in australia trust me

  4. You probably want to look into getting a visa.  Check out:

    http://canberra.usembassy.gov/consular/v...

    There is a Fiance Visa.

    http://canberra.usembassy.gov/consular/v...

    Look into a B-2 visa.

    You're playing with fire going back and forth under the Visa Waiver Program.  The CPB officers will be aware of your frequent visits and they will be less inclined to continue admitting you.  If you are not allowed entry, you have no recourse but to return to Australia.

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