K-1 and Marriage

[endtroducing10 0]

Heres the solution to your problem, since you want to do a K-1 and marry in Australia as well:

1.Marry in Australia.

2.Next day, divorce in Australia

3.File K-1 visa

4.Enter U.S and marry again in the USA.

Your goal to enter on a K-1 and marry in Australia is satisfied that way.

I don't know if you were being serious about this, But i'd rather watch burglar paint try faster

Okay, Your not married yet! I would follow through with your original plan with the K-1 Visa, It's started with your I-129f petition, It would not complicate the process more, But waiting for the cancellation then doing DCF would be much more time consuming, I would advise just to be patient and let the K-1 flow

Good luck

[Dean iWait 0]

Heres the solution to your problem, since you want to do a K-1 and marry in Australia as well:

1.Marry in Australia.

2.Next day, divorce in Australia

3.File K-1 visa

4.Enter U.S and marry again in the USA.

Your goal to enter on a K-1 and marry in Australia is satisfied that way.

Hey majizee. PISS OFF!!!!!

[endtroducing10 0]

They want to get married in New Zealand.

Not Australia, Although similar laws, I think

[meauxna 15]

First off, thanks for the replies...

For all those who have said to read the guides, even after doing so, I can't find an answer to my question. Perhaps I'm not reading the correct one, but regardless, the answer isn't especially obvious. Hence why I asked my question.

roi_aggie: Yes...I understand what a fiance(e) visa is for, and as I pointed out in my original post, our wedding plans have changed. I'm just wondering that since we're already a month (and $170) into the 129F process, if we can avoid having to go through another visa process simply because some of our plans have changed.

Followup question (and yes, I checked the guides and didn't see anything): Since it looks like we're switching to DCF, how should I go about canceling my 129F petition, particularly since I don't want it to look like we're not interested in getting married anymore (but rather, we want to get married in New Zealand)? I just don't want a canceled 129F to be a strike against us when we apply for the K3 through DCF.

Thanks again for any input.

gods, what is UP around here lately? Everyone's so grumpy.

OK, Kiwi people.

You are *only* one month and $170 into a *petition* process---pull the plug. That petition is to establish the same things that the I-130 is (your citizenship and your relationship to the benficiary). What you have already done (filing I-129f) is of no use to a spousal process. Let it go and be happy You are getting a MUCH better reward.

You've gathered the info, you've learned some valuable info, you have an idea of the immigration process ---these are all things you *will* take away from your current filing experience.

You don't need to cancel your I-129f; getting married will invalidate it. As you've just filed, you could wait until your deed is done to 'formally' cancel by writing to your Service Center. This pulls your file out of the queue, potentially clearing some work for them.

You can read in the DCf Forum for info--there is a US/kiwi couple who are already here with the K-1 and want to go back for the IV instead, so you're not alone! There are also some good recent experiences posted.

PS: you are not applying for a K-3 via DCF---the visa is an Immigrant Visa, class CR-1. Read thru the DCF Guide a couple of times--it takes awhile for all the new terms to make sense.

[Kiwi & Me 0]

It's not hostility. VJ has excellent guides which explain ALL immigration processes in DETAIL. Before you write a post here, it says in 20 pt type:

Please consider reading the FAQ's and Guides before posting.

When someone comes on here and posts a question that is very easily answered in the guides, it becomes very tedious to other VJers. I spend time searching for related posts before I add a Q on here. It's respect to VJ members & so I don't waste other people's time.

All good points, except that I still can't find the answer to my question in the guides (and as such, it isn't "very easily answered" by them). Yes, I understand the difference between a K-1 and a K-3, and were I starting over again (which it appears as though I am), I know which I'd need to file. But as our plans have changed. I was hoping there was a way to use the K-1 that we'd already applied for as opposed to the DCF as New Zealand requires me to be there for the interview if we're going through DCF, and that kinda worries me since we won't be able to have the interview until a few days before we're supposed to come back to the US together. As there's no guarantee we'll get the visa (I have no reason to think we won't, but there's always that possibility), and since I wouldn't have to be there for the interview for a K-1, I was hoping that was still a possibility.

It's a nuance that (I believe) isn't particularly well covered in the guides. If you can point out where, I'd be happy to see it.

Okay, Your not married yet! I would follow through with your original plan with the K-1 Visa, It's started with your I-129f petition, It would not complicate the process more, But waiting for the cancellation then doing DCF would be much more time consuming, I would advise just to be patient and let the K-1 flow

Good luck

That's what I'd kinda prefer to do, but as we now want to get married in New Zealand, the K-1 apparently isn't an option anymore. Basically, when we announced our engagement and our plans to get married in the US, my fiancee's family wasn't too happy with that and convinced us to have the wedding there. It's fine as now we'll have an actual wedding ceremony (as opposed to being married by a judge in a courthouse), but it just changes things around.

Thanks for the input, though!

[no name 1]

I was hoping there was a way to use the K-1 that we'd already applied for as opposed to the DCF as New Zealand requires me to be there for the interview if we're going through DCF, and that kinda worries me since we won't be able to have the interview until a few days before we're supposed to come back to the US together. As there's no guarantee we'll get the visa (I have no reason to think we won't, but there's always that possibility), and since I wouldn't have to be there for the interview for a K-1, I was hoping that was still a possibility.

It's a nuance that (I believe) isn't particularly well covered in the guides. If you can point out where, I'd be happy to see it.

From the guides:

1- There is an initial “interview” where the USC and the foreign spouse appear to submit the I-130 and its attachments. Some Consulates accept these materials by mail, courier or in person with an appointment or only on specific days. Check the website of your Consulate for tips OR contact them directly to inquire. For a list of members' cover letters for I-130 and visa applications, please read this thread (and contribute your finished product!)

4- The foreign spouse has the final interview. The US citizen spouse does NOT have to be present at the final interview. When all name checks are cleared, the Machine Readable Immigrant Visa (MRIV) is glued into the immigrant’s passport. Expect delays of one to ‘some’ days for visa issuance after a successful interview. This delay seems to be the new norm.

And then these is the ENTIRE forum about DCF where that search button might come in handy:

http://www.visajourney.com/forums/index.php?showforum=82

Edited September 26, 2006 by devilette

[Kiwi & Me 0]

gods, what is UP around here lately? Everyone's so grumpy.

OK, Kiwi people.

You are *only* one month and $170 into a *petition* process---pull the plug. That petition is to establish the same things that the I-130 is (your citizenship and your relationship to the benficiary). What you have already done (filing I-129f) is of no use to a spousal process. Let it go and be happy You are getting a MUCH better reward.

Yup...the DCF process sounds much better in a lot of ways. My only concern about it is that the New Zealand consulate requires me to be there for the interview, and the next time I'll be there is for the wedding. I'm just a little concerned about getting the visa squared away while I'm there to get married, and what happens to flights and such if there's some issue with getting the visa (flight to and from New Zealand aren't exactly cheap).

You've gathered the info, you've learned some valuable info, you have an idea of the immigration process ---these are all things you *will* take away from your current filing experience.

Good point...also all the nitpicky details that go with filling out these forms.

You don't need to cancel your I-129f; getting married will invalidate it. As you've just filed, you could wait until your deed is done to 'formally' cancel by writing to your Service Center. This pulls your file out of the queue, potentially clearing some work for them.

And with the backup in the queue, that's not necessarily such a bad thing. I just don't want our change in plans to have any negative effect when we apply for the CR-1 (see...learning the new terminology already )

You can read in the DCf Forum for info--there is a US/kiwi couple who are already here with the K-1 and want to go back for the IV instead, so you're not alone! There are also some good recent experiences posted.

Yup...saw those already...in fact, they were a deciding factor in changing our wedding plans. New Zealand makes the DCF process very easy (I, the USC, don't even need to be an NZ resident to go through the DCF process, which I understand is unusual). Like I said before, I'm just a little concerned about the timing and flights and such. It would be horrible to get married, go to the interview for the CR-1, and then find out we were denied for some reason, then have to fly back to the US alone.

PS: you are not applying for a K-3 via DCF---the visa is an Immigrant Visa, class CR-1. Read thru the DCF Guide a couple of times--it takes awhile for all the new terms to make sense.

Thanks for the clarification. I was looking here: http://www.visajourney.com/forums/index.ph...mp;page=compare and it wasn't especially clear about whether the DCF was a K-3 or a CR-1.

And thanks for the helpful, FRIENDLY response!

[From the guides:

1- There is an initial “interview” where the USC and the foreign spouse appear to submit the I-130 and its attachments. Some Consulates accept these materials by mail, courier or in person with an appointment or only on specific days. Check the website of your Consulate for tips OR contact them directly to inquire. For a list of members' cover letters for I-130 and visa applications, please read this thread (and contribute your finished product!)

4- The foreign spouse has the final interview. The US citizen spouse does NOT have to be present at the final interview. When all name checks are cleared, the Machine Readable Immigrant Visa (MRIV) is glued into the immigrant’s passport. Expect delays of one to ‘some’ days for visa issuance after a successful interview. This delay seems to be the new norm.

And then these is the ENTIRE forum about DCF where that search button might come in handy:

http://www.visajourney.com/forums/index.php?showforum=82

Or, you could use that search button you are so quick to point out yourself (and which I had already used to find out the specifics for DCF at the Auckland consulate):

http://www.visajourney.com/forums/index.php?showtopic=460

Quoting:

Luckily, New Zealand allows USC's not living in NZ to do DCF. The stipulations were that we 1) had to be married in NZ (should check on this for your country) and 2) I, the USC, had to be there at the "Interview" with him after we were married. I called the US consulate there myself and they said, yes, this was all true but to have my fiance call and request the forms to be mailed to him.

If you're going to point out my lack of reading the available information, you should do some research yourself.

[no name 1]

If you're going to point out my lack of reading the available information, you should do some research yourself.

So you do know how to use the search feature. Imagine that.

Newsflash: I don't care about DCF in NZ!!! Shame on me, I wasted my time trying to help you. How am I to know (or care) that the info is wrong, it doesn't relate to me.

That's why one of the key things about VJ is DO YOUR OWN RESEARCH.

Edited September 26, 2006 by devilette

[bebop + rocksteady 0]

That's why one of the key things about VJ is DO YOUR OWN RESEARCH.

Cass (bebop the great)

[meauxna 15]

Thanks for the clarification. I was looking here: http://www.visajourney.com/forums/index.ph...mp;page=compare and it wasn't especially clear about whether the DCF was a K-3 or a CR-1.

And thanks for the helpful, FRIENDLY response!

I made the same error myself---confusion when both K-3 and the IV are called 'spouse visa'.

Sometimes the filing of the I-130 (done in person by the USC) is called "an interview". Glancing at purpletruck's story, they had present the visa app forms and the iinterview was a combined I-130 filing and visa interview. The USC must be there for the I-130, does not need to be there for the visa interview. If it all happens in one day, well, you can figure that out.

And, I recall that NZ is VERY accomodating to couples and their travel plans. I suggest that you get in touch with them as soon as you have a grasp on the process so you can get the details from them. They are very used to doing this type of case, and will help you with the timelines. There is very little chance of delay or denial from a straightforward newlywed case.

You can have everything except the marriage certificate in hand before you even go there for the wedding. Especially the I-864; have that prepared with documents from the US. Note that the I-864 and rules changed in July 06--it is easier now, so don't confuse yourself with old instructions.

[CarolineM 0]

Okay, Your not married yet! I would follow through with your original plan with the K-1 Visa, It's started with your I-129f petition, It would not complicate the process more, But waiting for the cancellation then doing DCF would be much more time consuming, I would advise just to be patient and let the K-1 flow

This is 100% inaccurate for THIS situation. DCF in New Zeal. and Australia - even with the new changes, is a breeze. Your USC does not have to be there for the interview, they just have to be there ONCE to file paperwork...either way - this way is

1. faster

2. easier

3. corerct (Since you'll be married...can't use a K1)

4. and will allow the Kiwi to enter the US with work authorization, therefore eliminating the whole "wait to work" issue.

DCF!! It's the way to go. Do your research and see the others here who have done this...

Will not lengthen your process.

And, I recall that NZ is VERY accomodating to couples and their travel plans. I suggest that you get in touch with them as soon as you have a grasp on the process so you can get the details from them

Very accomodating!!!

AND AND AND

Air New Zealand has some WICKED deals from America right now!!!! Look at their website! I got a ticket OVER XMAS - peak season - for only 1600...it's under 1000 for non peak!

[meauxna 15]

AND AND AND

Air New Zealand has some WICKED deals from America right now!!!! Look at their website! I got a ticket OVER XMAS - peak season - for only 1600...it's under 1000 for non peak!

Sweet! I'll fwd my details so you can book my ticket.. you *did* say you're buying, right?!

<sigh> I've got scuba travel on the brain today...

[CarolineM 0]

I *do* have some extra FF miles laying around

[aussiewench 9]

Kiwi

You might also like to contact sadie33138 who did DCF in NZ not too long ago.

Lorelle

[Kiwi & Me 0]

Sometimes the filing of the I-130 (done in person by the USC) is called "an interview". Glancing at purpletruck's story, they had present the visa app forms and the iinterview was a combined I-130 filing and visa interview. The USC must be there for the I-130, does not need to be there for the visa interview. If it all happens in one day, well, you can figure that out.

I was just looking at your guide, and I'm a little confused about something.

Is there anything you need to do before you can get an interview? Is there any paperwork you need to submit? I'm sure we'll be calling the Auckland consulate to clarify all this, just from reading purpletruck's post, I thought I had to be there at the end of the process, and now it looks like you're telling me I need to be there at the beginning. Or is it just that NZ is -that- accomodating?

And, I recall that NZ is VERY accomodating to couples and their travel plans. I suggest that you get in touch with them as soon as you have a grasp on the process so you can get the details from them. They are very used to doing this type of case, and will help you with the timelines. There is very little chance of delay or denial from a straightforward newlywed case.

Good to know!

You can have everything except the marriage certificate in hand before you even go there for the wedding. Especially the I-864; have that prepared with documents from the US. Note that the I-864 and rules changed in July 06--it is easier now, so don't confuse yourself with old instructions.

So it's possible to get the packet formerly known as "3" before submitting the I-130 (as this has the checklist of required documents, correct)?

I'll be looking into DCF a whole lot more now that I know this is the way to proceed. Thanks for the info!

AND AND AND

Air New Zealand has some WICKED deals from America right now!!!! Look at their website! I got a ticket OVER XMAS - peak season - for only 1600...it's under 1000 for non peak!

I was just looking at that today. We're having the wedding on February 3rd, which means that if I want to be there even a day before the wedding, I have to fly there in peak season. $1600 isn't bad, but it's not as good as the $1000 I paid to go there last week. I just feel bad for the friends and family who will be coming over for the wedding.

You might also like to contact sadie33138 who did DCF in NZ not too long ago.

Thanks for the idea! I probably will now that I know we'll be filing this way.

I think you'd recommended DCF for us before, I just didn't think we'd be changing our wedding plans. But..I guess very little is set in stone.