Having our cake and eating it too while K1 is processed?

[Newhawaiki 20]

I'm currently filling out the I-129F and my partner and I are discussing different plans for the future. I'm in Australia (her home country) with her on a tourist visa. I have a few questions regarding different scenarios.

 

She was in the U.S. in November when I met here and has a current ESTA. She was in the U.S. for two weeks. An ideal situation for us is that she could come back with me utilizing her ESTA for what it's worth (close to three months).  I've read that this is legally possible but could be risky?

 

Another situation is that she has family in New Zealand that we could stay with. I could go there on a NZ Working Holiday Visa while we wait out the K1 outcome with her going back to Australia to do the required parts of the process. In terms of domicile and the I-134 Affidavit of Support my father has agreed to sponsor us and I live on family land with him in which he agreed to provide a lease statement showing my intent to live there.

 

Like everyone else here we don't want to do long distance, hence trying to be creative in that pursuit. Is it possible to have our cake and eat it too?

 

Edited January 22, 2020 by Newhawaiki

[Just Paul 4,595]

EIther is doable.   If you go the ESTA route make sure there is no overstay.

 

You could also live in New Zealand and file a spousal visa and make her life in the US easier when she arrives.

[Newhawaiki 20]

Thank you for that suggestion! I originally thought of getting married in and living in NZ as a Plan B if for some reason the K1 doesn't pan out but I'll talk to my partner about that.