Starting with B2 then changing to K1?

[WindSpark]

Hello,
I want to move to America from Australia, and eventually marry my girlfriend.
We have been together for 9 months now, but we would both like
the chance to live together for awhile before getting married,
(plus I'd like to give a romantic proposal ^^.

And so I wanted to ask, is it possible to get the B2 visitor's visa,
and after awhile, say 4 months down the track, change it to K1?

And, for the B2 would I be required to already have payed for a trip back
or something silly like that?
And lose that money permanently by changing visa's?
(If I had money to spare I'd be more than happy to lose that money
to be able to be with her, but with the Australian dollar down like it is
I don't have money to spare).
Would there be any other implications?



I'd really appreciate any information I could get on this topic,
and I pray that I get the answer I'm hoping for.

[PraetorianXI]

So you want to drink the milk without paying for the cow?

You can not change from B2 to K1, and you can not enter on a B2 with the preconceived intention to immigrate to the USA.

You will have to file for a K1.

[WindSpark]

Well the thing is I've looked around very hard, but all I can find
other than this way, is to get a working visa..
But all the working visa's require bachelor degrees o_O;..
You can't just go there and work at a normal job or
anything at all, at least as far as I can tell.
Otherwise I would have been asking about that

Is there any way I would be able to go there and transfer to K1?

[PraetorianXI]

No, you can not Change Status to a K1. You can not enter the USA with the intention to Adjust your Status either.

The POE officer will tell your intent to immigrate and send you back.

[WindSpark]

....soooo
The only way to be able spend any time there with her before marrying,
is to spend all the money I have now getting there, and coming back,
then spending another 6 months finding a job because of not being employed for so long (it's taken me 6 terrible months to get the job I have now), and another 4+ to save up enough money to go back and get married...?

The H visa allows for 'dual intent' meaning you can change status (though I don't know if it can change to K1), but it requires a bachelor degree .
I have an advanced diploma in professional computer game development,
but that isn't as high as that, I'm also not even working in a game company
now so I doubt my chances finding someone to sponsor me overseas anyway (most game companies go for experience over talent, so it's a hard industry to crack).

As far as I can see, the only visa I'm even eligible for is the visitor's visa.


Is there any other visa that I might have missed...or some way at all
to be able to spend time with her before being married?..

[orion]

Her visiting you ?

[WindSpark]

She can't afford to
1: pay for a flight here
2: lose her job
3: lose the place she is renting
(We already discussed her coming here but it wouldn't work)

I'm living with my parent's at the moment, so I'm able to save up
money.

So, no :P
Also I can't afford to rent a place for us, rent is more
expensive over here.
There's more reasons but I'll leave it at that :P..

Is there seriously no Visa's that allow you to get to the US without
having a bachelor degree/relation there/marrying o.o;...
T___T
Please?

[PraetorianXI]

She can't afford to
1: pay for a flight here
2: lose her job
3: lose the place she is renting
(We already discussed her coming here but it wouldn't work)

I'm living with my parent's at the moment, so I'm able to save up
money.

So, no :P
Also I can't afford to rent a place for us, rent is more
expensive over here.
There's more reasons but I'll leave it at that :P..

Is there seriously no Visa's that allow you to get to the US without
having a bachelor degree/relation there/marrying o.o;...
T___T
Please?

There is plenty of visas for different purposes. But they are either immigrant or non-immigrant.

You can use a B1/B2 visa for visiting the USA, but not for visiting and getting married and staying, if this is your intention.

It is all about intent here.

But, if you do not plan on marrying here as a set plan... you want to visit her, live together (bad idea), and see how it goes... then you could use your visitor visa, after a couple of months (at least 3-4) decide to get married, you can do so, and file for Adjustment of Status (forms I-130, I-485) and at the same time ask for employment authorization (I-765) and within 90 days you'd have a work permit and within 6 months you should have a permanent resident card.

That would be the way to go... IF you do not have set plans. You could still be turned away at the Port of Entry.

So, explore that route, and do not pack all of your belongings and show up at the airport, or they WILL send you back.

It is not the BEST way to do it, but it is a way, I am sharing it with you because I feel like being nice today. Good luck!

[WindSpark]

Thank you thank you thank you for being nice today !!!!!!!!!!!

No, it isn't a set plan at all to get married.
I just wanted to be able visit her and be with her for awhile ^^...
And wanted to know if, I ended up proposing to her that it would be possible.
Thank you so much...

So...this would all be possible?
*puppy eyes* ^^;;;..sorry, but thank you so very much.
you sir/madam, have just made my year.


About belongings, some clothes and stuff would be fine shouldn't it?
I'm probably going to send my computer and hard drives over in the mail.
Not going to get in trouble for that o.o?


Again, thank you, hope to get a confirmation on this ^-^;;;

[PraetorianXI]

Yes, it is possible.

I would not bring more than 2 regular sized suitcases... and as far as mailing computers, i guess you do not have a laptop? either way BACKUP your data on an external drive and bring that with you.

You have to be careful though... you can not just tell the immigration officer at the airport: "i've come to visit my girlfriend for 6 months".

Something like: "i've come to visit some friends and sightseeing for 3 months" (ps: do not worry about the 3 months thing, they usually grant 6 as a rule unless they suspect something is up)

Come back if you have more questions.

ps: I am a Sir. Not madam

[WindSpark]

YAY! ^-^!

Okay cool, thanks for the tips ^^..
Last time I went to Tasmania (dads family is down there) I've only ever
needed 1, so 2 should do me fine :3.

ahhh okay I'll keep that in mind ^^;
I'll say something like I've come to see my friends and there going to show
me around the place, etc.



haha okay, Thank you very much Sir

I greatly massively hugely appreciate all your help/advice on this topic ^-^;!!