k8mate

1 hour ago, WeGuyGal said:

From your other thread.. so you have an american fiance waiting for his Australian visa. Sounds like you want to maximize time with him, perhaps past the new year. That explains the month and a half in Mexico/Guatemala to reset the WVP clock. Likely no problems entering the US at first, could be issues re-entering if CBP thinks you're trying to game the system. 

 

CBP would be hard-pressed to believe you would not be working at all while in the US. Who takes care of your online business in your absence?

Yeah this is still our situation, and we're traveling together to Guatemala for a friend's wedding, but we wanted to spend a month or so in Mexico City before the Guatemala wedding.  We're rethinking our plans and now we're thinking about staying in Guatemala the entire time instead of visiting Mexico.

I do have an online business based in Australia with no employees, but I'm putting things on hold until I return back to Australia later in 2019.  I'm not going to be working while I'm in America besides meeting with clients.

Thanks for all the comments!! 

This plan doesn't sound doable.  I think my best option is to skip Mexico, thanks again everyone!

Hello and thanks for any help, it's much appreciated!

I'll be visiting the USA on a visa waiver program and staying for 90 days.  After the 90 days I'll need to travel to Mexico City for a month, then travel to Guatemala for a couple weeks, then fly back to Mexico City for my flight back to America.

Is it okay if I travel to Mexico after the 90 days and stay in Mexico for 30 days?  I know its not possible to reset the waiver program from just Mexico alone, but I'll also be travelling to Guatemala which is not part of North America before i re-enter the USA.

Thanks for any help!

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?

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.

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.

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 =( 

7 minutes ago, Boiler said:

VWP is 90 days not 3 months.

Yes, thats what i meant, sorry. 

3 minutes ago, GreatDane said:

Wouldn't there be a way to re-apply for ESTA so it doesn't expire on your trip? Either way, I wouldn't assume you could be here for more than three months.

Yes, I can reapply for the ESTA before it expires, i was mostly wondering if it helps my chances of getting another ESTA if I don't currently have one while i apply for the b2 and it was denied.  I want to stay in the USA longer than 3 months because my fiancee's visa won't be granted until early 2019 and we want to travel and visit family.

20 minutes ago, JE57 said:

Remember that in any tourist application the CO is required to assume that you have immigrant intent and can only legally grant the B2 if there is reason to believe that there is no immigrant intent.   So in your case.... If you have a ESTA privileges you could visit the USA for 3 months without applying for a B2 visa, why do you need a B2?  The assumption might be that you are intending to live with your US  fiance   in the USA and if the Australian Visa does come thru that you'll simply marry and adjust status in the USA.   It seems like your ties to Australia are week.  Your business is an Online business so presumably could be done from anyplace in the world.  You don't own property and you live with your parents.  I disagree with your lawyer,  the Defacto Visa application doesn't prove anything other than you want to live with your fiance.  If he was already resident in Australia and you were married ( fiance  isn't a legal status only a stated intention to get married) then you conceivably use his ties to Australia and your ties to him to bolster your ties.   In this case, as stated above I think your chances of getting a B2 are very small and if you have ESTA privileges than you should definitely NOT apply as you would likely lose your ESTA.  To be fair your purpose for wanting the B2 seems to be to LIVE in the USA which is *NOT* the intent of a tourist visa.  Also note, that even if you got the B2 that the length of stay in the USA is determined at the Port of Entry and while most people get stamped for 6 months there is no assurance that you would get the 6 months or even any assurance that even with the VISA that you would be granted entry to the USA at all.  All-in-All if you have ESTA privileges I think it is definitely better to not risk that.   If you don't have ESTA than no harm in applying.   

Thanks for the reply!  My intention is not to live in the USA, but is to be with my fiancee, visit his family, and do some traveling while we wait for his Australian visa to be granted.  We paid a lot of money for his australian visa and we have all intentions to start a life together in Australia which is why we applied for the partner visa. for Aus instead of america

@Boiler No, I work for clients around the world as a graphic designer and they pay me into my australian bank account through my australian business.  I would be taking the time off while I'm in america

Thanks for the reply guys! 

I do have an ESTA and its set to expire on August 8th of this year.  If i was to apply for the b2 and be denied after my ESTA expired on Aug 8th, would that prevent me from applying for a new ESTA after its expired?

Hello and thanks for any help, it's greatly appreciated!

So I'm an Australian citizen engaged to a US citizen.  In December of 2017, My american fiance  applied for the off-shore Australian de-facto partner visa.  Processing time for the partner visa is between 12-16 months.  We anticapate the visa to be granted between January - April 2019, in which we plan to return back to Australia permanently.

My american fiance has been with me in Australia since January of 2018 on a tourist visa, leaving every 3 months together during his stay to renew his visa, and has to return back to the states for work in August.  We've been engaged since January of 2018 and our relationship is over 5 years old.  I lived in the USA for over 4 years, working full-time on an E3 visa and forfeited my E3 in December of 2015.

My fiance and I would like to stay together in America while we wait for the Australian de-facto partner visa to be granted,  which requires us to travel back to australia once granted.

We have no interest in applying for the green card, or settling down in America, and I will not be working while I'm there.

We're wondering the best way to provide evidence for his application for the de-facto visa and proof that we fully intend on living in Australia once his visa is granted. 

Do we attach documents during the online application, and if so what are the best documents to provide to prove my ties to home and my fiances application for the australian de-facto partner visa?

My fiance works full-time online for an American company as an employee so we can provide all recent pay and bank statements.

I have my own online business in Australia and a bank account with sufficient funds.  I do live at home with my parents since we're saving for a house in Australia, but I have car and insurance in my name, phone number, mail, etc.

We're really hoping someone could provide some more insight into if our situation sounds doable for a B1/B2 visa.  We met with an US Immigration lawyer yesterday and he said our situation is perfect for the B2 Visa because the fact that we applied for my partner's Australian visa and not the K1 visa proves that we fully intend on living in Australia together.

We're just really concerned after reading all the denial posts on this forum and we want to make sure this is a viable option, or if anyone has any experience in a similar situation.

Thanks so much for any help!