K-3 Visa - Exemption for processing country rule

Hi everyone,

My wife (US) and I (Swiss) got married in Feb 2009 in Australia, after studying there. We have left Australia in Apr 2009 to travel around Asia for a while. When we left we didn't know which of our countries of residency would be living after that.
Now we know that we want to live in the U.S. We know, that we can apply for a K-3 visa and then start the immigration process once when we're in the country.

The catch: The rules state that the K-3 process must be started from within the country where the marriage took place. But we are not in that country anymore and won't go back. Is there a possibility to apply for exemption from that rule? Obviously, we do have all the legal documents from our wedding in Australia. By the way, by the time we will arrive in the USA, we will be married for over two years.

Thank you for any information.

Adrian

Hi - just curious, why would you want to get a K3 instead of an immigrant visa (which makes you a permanent resident the moment you are admitted to the US)?

The immigrant visa can only be applied for from abroad and while staying abroad. As we are currently traveling, that is a problem. (Is it?) Of course, it's an option and I can head to Switzerland to apply from there. But that would mean my wife and I would be separated for as long as the process takes.

My other question (besides the above K-3 one) is, what would happen if I travel to the U.S. on a tourist visa and then start the immigration process from within the country. Is that possible?