Legal Question in Immigration Law in New York

ES visa and marriage

my boyfriend is in the US on an E3 visa and I am here on a 90 day tourist vissa. We are both Australian citizens. If we get married will i be able to work in the US straight away? Do we have to get married outside of the United States?what is teh procedure of all this?


Asked on 10/13/08, 3:01 pm

3 Answers from Attorneys

Patrick Klauss Berd & Klauss, PLLC

Re: ES visa and marriage

Dear Madam,

Because you entered on the Visa Waiver Program, you are not permitted to change your status while you are in the U.S. As a resullt, you will have to process for a visa as a dependen of your husband outside the U.S.

Feel free to contact us for detailed assistance.

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Answered on 10/13/08, 3:09 pm
Tsirina Goroshit Law Offices of Tsirina Goroshit & Associates, P.C.

Re: ES visa and marriage

Since you entered under Visa Waiver Program you are not eligible to change your status in the U.S., thus once you get married, you will have to go through consular process.

Please contact us if you need assistance or additional questions.

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Answered on 10/13/08, 3:19 pm
Rachel Baskin Rachel Baskin, Attorney at Law

Re: ES visa and marriage

Did you enter with a B-2 visa or did you enter under the visa waiver program? Your ability to change status in the US will depend on how you entered. As for marriage, you can get married either in the US or outside of the US in order to be eligible as a dependent of your husband. However, your ability to apply for immigration benefits while remaining in the US will depend on how you entered the country.

If you have additional questions, please do not hesitate to contact me directly.

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Answered on 10/13/08, 3:43 pm


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