K1 and VWP for Australian marrying USC and Prem

[kehills 217]

Be really careful with the B2; you qualify for VWP, and going for the B2 is going to raise some suspicion. "Incidental study" is VERY incidental, and it's covered under the VWP.

Also remember that for a B2, you must show that you alone have the ability to support yourself the entire time you are in the US, as well as strong ties that guarantee your return to Australia.

Basically, you're creating suspicious circumstances for yourself by choosing the B2 over VWP.

[Ontarkie 13,913]

I think I'm reading your post different then the others. Are you thinking you need to apply for a K1 in order to get engaged in the US? The k1 is to be able to come to the US to get married, you just need to be single/engaged to use a K1.

[darin&josh 18]

I think I'm reading your post different then the others. Are you thinking you need to apply for a K1 in order to get engaged in the US? The k1 is to be able to come to the US to get married, you just need to be single/engaged to use a K1.

I had not read the OPs post that way, but it's quite possible that is how he was understanding the purpose of the K-1.

There certainly is nothing wrong with visiting your girlfriend on VWP (or a visa) and then getting engaged. You only need to apply for the K-1 when and if you finally intend to move and marry your fiancée in the US and begin the process of becoming a permanent resident. (You could even get engaged and still visit several times on VWP before you apply for the K-1.)

As for the B2, while I can understand the appeal of it, as others have said, it could be more problematic than it appears on paper. While it would be appropriate for what you've described, you will have to justify why you would need it over and above what you can do on a VWP. You would have to show you have funds, have sufficient ties to return to Australia etc. Also, if you are denied the B2 then it could make it more difficult to use the VWP in the future.

From an application perspective the difference between the two options is that the B2 involves much closer scrutiny and cost because you have to pay consulate fees and submit documented evidence and attend an interview, whereas the VWP simply involves answering a few yes/no questions on the ESTA website and paying 15 dollars.

There have been Australians on VJ that have got a B2 to do exactly what you've said, so I don't want to discourage you completely from considering it, but just keep in mind you have to really be able to demonstrate you have sufficient funds and ties etc.

I was in a similar situation and wanted to spend more time with my partner and to make sure we could actually live together and work as a couple. I was fortunate to be eligible for the 12 month work-holiday visa (a sub category of the J-1). If you are currently a student or recently graduated then it could be a better option to consider. http://canberra.usembassy.gov/mobile//student_work_travel_pilot_prog.html