Australian in US

[strangertoyou]

Hi there, firstly - any help would be appreciated and I thank you in advance for your time.

I'm an Australian who is currently in the US on the visa waiver program, I have been looking for employment whilst I am here but unsurprisingly have not found anyone willing to take me on (can anyone say 'highest unemployment figures in 26 years?'). I currently have 2.5 months left on my VWP and like the old story, I'm in love with a US citizen and want to stay. We've been together for a year and would like to get married but don't want to spend 6 months apart waiting for the fiance visa to process.

So my question is, can we get married and apply for my citizenship whilst I am here on the tourist visa? I know it's 'possible' as have other friends who have been through the process, but also know they threw a HEAP of money at the situation (money we don't necessarily have). Does anyone know the likelihood of this working out?

I would like to note, that we really are in love and the only reason we aren't already engaged is that it would have been dishonest for me to enter the country engaged under the VWP, ie: the intention to stay (I'd have to go back to Australia for 2 weeks to get my E3 work visa). We'd prefer to do this the right way (get a job and work visa and then apply for citizenship) but it's looking impossible. I'm not excited about fighting the system to be with the man I love, but I'm left with few options.

STY

[JAJ]

Firstly, forget citizenship for now. You need a Green Card before you can even think about citizenship.

Secondly, do not even think about overstaying your VWP admission (lots of people do, and bad things often happen).

Thirdly, find an immigration attorney: http://www.aila.com

[Lev Kobrin]

Secondly, do not even think about overstaying your VWP admission (lots of people do, and bad things often happen).

Overstay will be "excused" by USCIS since he is married to the US citizen.

[strangertoyou]

Thanks for the link, we're absolutely heading to an attorney to ensure we 'do the right thing' whilst still being able to stay in the country.

[JAJ]

Secondly, do not even think about overstaying your VWP admission (lots of people do, and bad things often happen).

Overstay will be "excused" by USCIS since he is married to the US citizen.

It's still a bad idea. For example, if the applicant has to leave the US for family reasons before green card is granted. Or if the marriage ends before green card.