Hello! I'm new and would like my plan sanity checked please.. :)

[Jovanka 0]

Hi everyone! I'm a 29 year old Australian woman who met a lovely 33 year old American man (who I creatively refer to as "American Boyfriend") in August '13 while visiting the US to go to Burning Man. I work in theatre, at the Sydney Opera House, and he is a software engineer in the Bay Area. We fell for each other pretty hard and fast and I was only back in Sydney for a week after my initial trip before I booked more flights and headed straight back to spend another week with him. Since then he's come to visit me here in May '14 and I spent 9 weeks with him in the US from July to Sept '14.

We're now looking into visa options for me to move to the US so we can be together. We've considered him moving to Australia but at this stage that's a back up plan. Australian family based visas are much more expensive than US ones. He could possibly get an employment visa but overall I'd just prefer to move to the US. There are lots of reasons for this but I'm not going to lie, mac and cheese is one of them

I found these fora when I decided on a whim to find out how to export our Skype call log since I imagine it will be useful as evidence of our relationship. I've been browsing around and have found some great info that has given us a lot to discuss and consider. We obviously want to get things sorted as fast as possible so we'd been looking at the K-1 visa but there are also a bunch of events I want to be in the US for this year and things with my work situation that complicate maters.

We had been planning on going the K-1 route with him visiting me in March and me visiting him on a VW for July - September. But if we apply at the earliest opportunity* there's a good chance my consulate interview would wind up being be scheduled for sometime while I'm in the US. From what I can tell Sydney is happy to reschedule interviews but that would push things back by several weeks until I'm back in Sydney in early October. Then the work contract I would be using to show ties to Australia when I come in on the VW would mean staying in Sydney until the end of the year even if my visa is approved earlier than that. And flights around that time a crazy expensive. Then there's a good chance I'll be offered another lucrative 3 month work contract because January to March is a busy time in my industry and since on the K-1 visa I'd be unable to work straight away I may as well stay in Sydney to work until the end of March and save some money. Given that the main benefit of the K-1 is speed those delays make it seem less than ideal, I'd be looking at not being able to move until 14 months after the initial application and I'd still have to wait for approval to work once I arrive.

Given that, the CR-1 seems like a better option. So our current plan is for me to apply for a 6 month B2 tourist visa so I can visit from late March to late September. That means I can be in the country for a bunch of important events including American Boyfriend's birthday (part of why he was going to visit me in March), Burning Man, and an annual camping trip his co-worker runs. While I'm in the country on the B2 we'll get married and start the CR1 process. Heading back to Sydney in late September should still give me plenty of time before my interview will be scheduled since the CR-1 process is longer than the K-1 process. Then as in the previous plan I can work those two work contracts and hopefully my CR-1 will be approved around the same time as I would have been able to use my K-1 in the above scenario.

Does that seem to make sense? The reason for the 6 month B2 visa is we really want to see each other in March for American Boyfriend's birthday and we need to be in the same place to get married to be able to do the CR-1. I specifically don't want to marry in Australia because I'm very much opposed to the wording and requirements of Australia marital law. I also really want to be in the US for 3 events; 4th of July, Burning Man and a camping trip in late September. Getting a 6 month tourist visa instead of coming in twice on a VW means saving a significant amount on flights and halves the chances of being turned away at the POE.

*I mentioned the "earliest opportunity we have to apply" because American Boyfriend is technically married. He is in the process of getting divorced and that should be finalised sometime in February. I'd also like to just take this opportunity to say I am not the reason he is getting divorced! The situation is complicated but he did not cheat on his wife with me. So right now we have a bit of time to make decisions about our game plan so any suggestions would be welcome.

I hope that all makes sense and thanks in advance!

[milimelo 4,481]

You won't get a B2 visa easily as you already have VWP privileges. Re-work your plans so it fits within the allotted time on each VWP visit.

And yes, spousal visa makes more sense under your circumstances.

[Hypnos 6,576]

As stated, expect a rough ride trying to obtain a B-2. Their first question will be "why can you not just use the VWP?"

A B-2 refusal may jeopardise your VWP privileges, as you would have to obtain a new ESTA in light of that refusal, and would have to declare it on the application. Worst case scenario: you could be left without any visiting privileges whatsoever until you received either your K-1 or CR-1.

[Jovanka 0]

The simple answer to why two visits on the VWP is not ideal is the cost to leave the US and return two months later is huge compared to just staying on in the US for those two months. I haven't been able to find any flights out of SFO to any international destinations (other than Canada or Mexico which don't count) for less than AUD$1500. Add to that I'd have accommodation costs where ever I went. If I just stay in the US for May and June my only costs will be food which obviously I will have wherever I am.

[Hypnos 6,576]

I think it's more likely than not that a B-2 will be refused, particularly once they find out you have an American boyfriend, but the only way you will know for sure is by applying.

[Jovanka 0]

But if it's denied then I won't be able to visit at all until my CR-1 is approved in 2016 right?

[Hypnos 6,576]

Not necessarily, but it's possible. If the B-2 is denied, you would then have to apply for a new ESTA and this time answer yes to the question asking if you have ever been refused a US visa. At that point your ESTA may be approved or (more likely) denied, and you would not be able to enter the US again until you receive another visa type (K-1, CR-1, etc.) or some time passed and you successfully obtained a new ESTA (this will probably take at least a year).

If at all possible you should re-work your plan so that it does not require a B-2, as that complicates issues and removes some of the control from your hands.

Edited January 1, 2015 by Hypnos

[Transborderwife 4,666]

Given that, the CR-1 seems like a better option. So our current plan is for me to apply for a 6 month B2 tourist visa so I can visit from late March to late September. That means I can be in the country for a bunch of important events including American Boyfriend's birthday (part of why he was going to visit me in March), Burning Man, and an annual camping trip his co-worker runs. While I'm in the country on the B2 we'll get married and start the CR1 process. Heading back to Sydney in late September should still give me plenty of time before my interview will be scheduled since the CR-1 process is longer than the K-1 process. Then as in the previous plan I can work those two work contracts and hopefully my CR-1 will be approved around the same time as I would have been able to use my K-1 in the above scenario.

Does that seem to make sense? The reason for the 6 month B2 visa is we really want to see each other in March for American Boyfriend's birthday and we need to be in the same place to get married to be able to do the CR-1. I specifically don't want to marry in Australia because I'm very much opposed to the wording and requirements of Australia marital law. I also really want to be in the US for 3 events; 4th of July, Burning Man and a camping trip in late September. Getting a 6 month tourist visa instead of coming in twice on a VW means saving a significant amount on flights and halves the chances of being turned away at the :

I'm going to be honest, please don't think that I'm trying to be mean I'm just thinking like an IO for a moment. As previously mentioned you can get VWP, so why the insistence on a b2? As well, you'd have to show that you could financially support yourself for 6 months in the USA. Requesting a b2 as an IO it would set off a red flag to me that you may be wanting to stay, marry and adjust. Even with a b2 you could still be turned away at POE.

The other thing I would be concerned about come time to get a spousal visa or k1 is the quick turn around time between divorce and remarriage. The marriage could've been over for years, however it can be seen as a red flag from immigration.

[Pitaya 2,577]

Welcome to the forum.

[TBoneTX 45,319]

Welcome to the forum.

[raven52 233]

Spousal Visa makes more sense for you, just an opinion, and with a "possible divorce" pending, it would remove some of the "red tape" for a K-1. (Might surface somewhere in your paper work, not sure, but surely would in a K-1)

Love the reason for wanting to live in the USA, nothing but good ole, "Mac and Cheese"..,.,.,love it made with Velveeta Cheese, and plenty of it, but watch your 'Cholesterol'.,.,.., hahahhaha, not good for it!

What path you choose to take, I hope you great speed!