It's best if I am up-front about my situation, I am sure, as I will need to be when applying for whatever visa is best.
I went over to the US for a two-week stay recently (getting back less than two weeks ago), to meet up with friends from an online forum. Unfortunately as it turned out, these friends decided to not meet up with me (!) which was obviously a blow and I was disappointed. However, the friend with whom I was staying was fantastic about the whole thing and I had a great time on my holiday anyway.
So here is the issue: my friend told me that he loved me, had for some time, and I guess I realised that I did too. We were good friends online for some time and ending up leaving him as more than friends was definitely a life-altering experience, to say the least, and we talked at length about what we ought to do about the situation.
He cannot enter Australia, where I am a PR (I am a NZ citizen but have lived in Australia since 1998), due to the strict health regulations of this country (he has a condition that Australia would come under costing the health system too much), and the travel would be too hard for him physically anyway. So it is really up to me to come to him, so we are both investigating the possibility of my doing so.
We have discussed the K and B visas, obviously. Now, I am separated from my husband, the divorce likely to be granted by the middle of next year. I have be resident here in Oz leading up to the filing time, so I won't be looking at entering the US again (unless for another short visit on my ESTA waiver visa) until after then.
So. A K visa or a B visa? Which will be best? I have a young teen son, and I will want to bring him with me (he will want to be with me) and I know that he is able to be "attached" to the K visa as my dependant. But the granting of the fiance visa can be a long and protracted process, so I wonder if going over on a B visa is a good idea. I mean, the intention will be to be with my partner, obviously, and if asked I am not going to lie. Best to be honest every step of the way, yes?
So if I go on a B visa, and state that I am visiting my partner, I am sure I will be asked if I have any intention of marrying him while there. I expect I ought to say no, even though my partner said this is possible - to marry while on a visitor visa. But I realise that it might be frowned on, and if I say, "Oh yes, we are looking at marrying asap so I can stay in the US"...well, I am sure that will have me sent back on the soonest possible flight to Australia!
Of course, I can always say, "No, I have no intention of marrying him on this visit" as to be honest, I have no idea at this point in time WHAT is going to happen! I mean, I have been married before, and I don't particularly see marriage as a necessary state of being, however it would be overall sensible for us to do this in order for me to stay in the US, obviously. That being the case, can a B visa be "changed" into a K visa once in the US?
When it comes down to it, I would prefer to enter America HONESTLY. That is, as I intend to live there, with my partner and my son. Coming in on one visa but having in my heart a different intent just smacks of...I don't know...deceit, perhaps. That means applying for the K visa, but of course there is the time period situation - I don't know how long it would take until a K visa is granted.
There is also the added situation that it would be my partner's parents, with whom he still lives, who would claim financial support of me (and my son). My partner is on a disability allowance as his condition doesn't allow him to work, although it looks like he won't be on that allowance for much longer as the govt. has decided his condition isn't as bad as it previously was. He is planning to start his own business but that will take some time to get off the ground and includes my input (it's an educational thing for autistic children and I have experience and quals in that field). And because his family are keen on me being in the US with them, they have no issue with saying they will support me and my son until such time as I am allowed to financially support us.
So. Any advice? I intend to be a working, tax-paying individual no matter my partner's working situation and I intend to become a US citizen as soon as I can (I believe I can keep my NZ citizenship so no problem there). I am an honest person who has simply fallen in love with a US citizen and wish to be with him.
Thanks in advance.
I went over to the US for a two-week stay recently (getting back less than two weeks ago), to meet up with friends from an online forum. Unfortunately as it turned out, these friends decided to not meet up with me (!) which was obviously a blow and I was disappointed. However, the friend with whom I was staying was fantastic about the whole thing and I had a great time on my holiday anyway.
So here is the issue: my friend told me that he loved me, had for some time, and I guess I realised that I did too. We were good friends online for some time and ending up leaving him as more than friends was definitely a life-altering experience, to say the least, and we talked at length about what we ought to do about the situation.
He cannot enter Australia, where I am a PR (I am a NZ citizen but have lived in Australia since 1998), due to the strict health regulations of this country (he has a condition that Australia would come under costing the health system too much), and the travel would be too hard for him physically anyway. So it is really up to me to come to him, so we are both investigating the possibility of my doing so.
We have discussed the K and B visas, obviously. Now, I am separated from my husband, the divorce likely to be granted by the middle of next year. I have be resident here in Oz leading up to the filing time, so I won't be looking at entering the US again (unless for another short visit on my ESTA waiver visa) until after then.
So. A K visa or a B visa? Which will be best? I have a young teen son, and I will want to bring him with me (he will want to be with me) and I know that he is able to be "attached" to the K visa as my dependant. But the granting of the fiance visa can be a long and protracted process, so I wonder if going over on a B visa is a good idea. I mean, the intention will be to be with my partner, obviously, and if asked I am not going to lie. Best to be honest every step of the way, yes?
So if I go on a B visa, and state that I am visiting my partner, I am sure I will be asked if I have any intention of marrying him while there. I expect I ought to say no, even though my partner said this is possible - to marry while on a visitor visa. But I realise that it might be frowned on, and if I say, "Oh yes, we are looking at marrying asap so I can stay in the US"...well, I am sure that will have me sent back on the soonest possible flight to Australia!
Of course, I can always say, "No, I have no intention of marrying him on this visit" as to be honest, I have no idea at this point in time WHAT is going to happen! I mean, I have been married before, and I don't particularly see marriage as a necessary state of being, however it would be overall sensible for us to do this in order for me to stay in the US, obviously. That being the case, can a B visa be "changed" into a K visa once in the US?
When it comes down to it, I would prefer to enter America HONESTLY. That is, as I intend to live there, with my partner and my son. Coming in on one visa but having in my heart a different intent just smacks of...I don't know...deceit, perhaps. That means applying for the K visa, but of course there is the time period situation - I don't know how long it would take until a K visa is granted.
There is also the added situation that it would be my partner's parents, with whom he still lives, who would claim financial support of me (and my son). My partner is on a disability allowance as his condition doesn't allow him to work, although it looks like he won't be on that allowance for much longer as the govt. has decided his condition isn't as bad as it previously was. He is planning to start his own business but that will take some time to get off the ground and includes my input (it's an educational thing for autistic children and I have experience and quals in that field). And because his family are keen on me being in the US with them, they have no issue with saying they will support me and my son until such time as I am allowed to financially support us.
So. Any advice? I intend to be a working, tax-paying individual no matter my partner's working situation and I intend to become a US citizen as soon as I can (I believe I can keep my NZ citizenship so no problem there). I am an honest person who has simply fallen in love with a US citizen and wish to be with him.
Thanks in advance.
