K1 whilst in the USA on a Tourist Visa

[Aussie_girl 0]

Okay, so I have known my boyfriend for about 10 months, we met online on a Horse Forum. I recently spent 3 weeks in the USA visiting him. We are fairly sure that we will eventually get married, but of course, three weeks isn't very long to get to know someone. So I am planning to come back to the USA on a tourist visa which will hopefully allow me to stay for 6 months. I have enough money invested to allow me to support myself for the next couple of years if I need to, without having to work, so supporting myself whist in the USA isn't a problem. After the six months together, we will definitely know whether we are going to get married and spend the rest of our lives together, or not. We don't want to apply for the K1 Visa unless we are definitely sure that we are going to spend the rest of our lives together, hence the idea of me coming over on a tourist visa.

My question is - if after say 3 or 4 months of my stay on my tourist visa, we decide that we do indeed want to spend the rest of our lives together..... can my boyfriend... will be fiance at this stage, apply for the Fiancee Visa whilst I am still on holiday in the USA, or do I have to be back in Australia in order for this to happen. Of course, I definitely will have my return airfare booked and I will not be outstaying my Tourist Visa dates. So I will definitely be returning to Australia. But can I then return to the USA whilst the Fiancee Visa is being processed, on a tourist Visa and visit my fiance. I understand that I will have to be in Australia for the interview etc. But I was wondering if there is anyway that I can still visit, and not have to be away from him for months and months. Any info, really appreciated.

[canadian_wife 1,823]

Yes, while you are in the US visiting you can file the I-129F for the K-1.

Separation is part of this process. After visiting for 6 months, the Customs and Border Patrol will want to see that you are not 'living' in the US and you are spending more time in your home country and not in the US. While you plan could theoretically work, you'll want to be sure that you have strong ties to Australis when you travel in case you are asked to prove that you intend to return to Aus.

Good luck.