B2 for Fiance of USC

[GreatDane 366]

Also, I'm sorry to say the processing times + appointment scheduling would already put you too far behind to join him in August. 

 

It's a bummer, but not the end of the world. We've all had to do long distance while paperwork was processing. Not as fun as a joint vacation? Sure, but it helped us both work and save.

[k8mate 0]

8 minutes ago, GreatDane said:

Honestly, you might need to look at third party countries. You had a previous visa that's usually a 24 month maximum temporary work visa and extended to be here 4 years. With you current plan to go on vacation, while saving for a house, and a flexible job, I think you'd have a hard time getting a more permanent visa. ESTA is it or a third party country.

Yeah, I renewed my E3 visa once and gained an extra 24 months.  I visited the US last year for 3 months on my ESTA, and I've been in Australia for around 8 months now.  I was really hoping that I could get a B2 visa so i wouldn't have to leave right after New Years and do some traveling around the USA, and see some family, and friends, then travel back to Aus with my fiancee once his Visa is granted =( 

[k8mate 0]

1 minute ago, GreatDane said:

Also, I'm sorry to say the processing times + appointment scheduling would already put you too far behind to join him in August. 

 

It's a bummer, but not the end of the world. We've all had to do long distance while paperwork was processing. Not as fun as a joint vacation? Sure, but it helped us both work and save.

My fiancee is going to the states in August but I won't be coming to visit him until October.

[GreatDane 366]

18 minutes ago, k8mate said:

My fiancee is going to the states in August but I won't be coming to visit him until October.

It is definitely a bummer but depending on his work, you could go to Canada or another country to explore and meet with friends. The US probably won't be an option. Make sure to keep to the 90 days so it doesn't compromise your VWP.

[k8mate 0]

Thanks for all the responses everybody!

 

I'm in a tough situation now given the fact that all the advice given here completely contradicts the advice I was given last night from our immigration lawyer.

 

The lawyer made it seem like it was no problem that I have my own business in australia, and that the B1 business part of the visa allows me to have meetings with potential clients and work on a few projects while I'm in the states.  According to the lawyer, I'm not able to get a job at like starbucks to make extra money but meeting with US clients is not a problem.

 

My main concern is my ties to australia and that I'm missing a lease since I live with my parents.  I have car registration, car insurance, mail, bills, and tax returns for this year and last in Aus, but the apartment lease seems to be the key ingredient missing.

Edited July 6, 2018 by k8mate

[geowrian 22,338]

2 minutes ago, k8mate said:

My main concern is my ties to australia and that I'm missing a lease since I live with my parents.  I have car registration, car insurance, mail, bills, and tax returns for this year and last in Aus, but the apartment lease seems to be the key ingredient missing.

That is one part, but so is the lack of a job requiring you to return back to Australia. The ability to work remotely, or even not work for x months at a time, is not favorable in showing that you are compelled to leave the US on time.

Car registration, insurance, mail, etc. are not ties to Australia. You could cancel them the moment you arrived in the US, apply for permanent residency there, and it wouldn't have any kind of harmful impact on you.

[k8mate 0]

12 minutes ago, geowrian said:

That is one part, but so is the lack of a job requiring you to return back to Australia. The ability to work remotely, or even not work for x months at a time, is not favorable in showing that you are compelled to leave the US on time.

Car registration, insurance, mail, etc. are not ties to Australia. You could cancel them the moment you arrived in the US, apply for permanent residency there, and it wouldn't have any kind of harmful impact on you.

Thanks, and Yeah I get what you're saying, but I can come to America to have meetings with clients on the B1/B2, right?   I have no intention of applying for the green card because my fiancee just spent over $7000 for an Australian visa so that we can start a life together in Aus.  Applying for the green card while my fiancee is also applying for the partner visa for AUS wouldn't make any sense since it requires us to be in each other's countries for extended periods of time.  The fact that we have paid and submitted his application for the partner visa for Aus has to have some weight in showing our intentions to move to Australia and start a life there, right?

Edited July 6, 2018 by k8mate

[SusieQQQ 11,587]

18 minutes ago, k8mate said:

the B1 business part of the visa allows me to have meetings with potential clients and work on a few projects while I'm in the states. 

Meet with clients yes, actually work on projects no. 

[az2014 381]

You have hardly any ties to AUS, sounds like a B visa is more likely to be denied than approved.

 

Agree with use the VWP if you are fortunate enough to be able to use it. Don't get greedy.

[JoannaV 174]

Did the lawyer provide any data? (eg, "I've seen X many cases like yours and Y many were approved.")

 

You'd think that the AUS partner visa application shows ties to Australia, but imagine this scenario: you guys change your mind and decide to live in the US, but you've spent $7000 and months waiting already. So instead of paying the fee for the I-129f and waiting many more months before moving to the US, you decide to just go to the US right away then adjust status. (Hence, it all depends on the individual officer looking at your case and how they personally view it.)

 

Generally, when the VWP is an option, it is important to explain why you need the visitor visa. Not just because you want to live with your fiance for six months. But more concrete details. Ie, specific events with dates and travel plans, which explain why you want to be there for more than 90 days at one time.

[Boiler 45,931]

VJ has a whole section on adjusting, if you make it in there is nothing much else to say.