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arrowIn USA with ESTA/VWP: Engaged Today - What are my options?
August 24, 2014, 9:48 pm Last comment by christeen
MikeNZ1984

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I'm a New Zealander who has recently arrived in the United States on the VWP.  I met my Fiance (yay I can finally say that now) almost a year ago in Bangkok, Thailand.  Since then we've lived and travelled together in Thailand and New Zealand.  

 

We left Thailand after the May 2014 coup (she was there on a student exchange and I was a long term Tourist who had been travelling Europe and Asia - no overstays anywhere, for the past 2 years) as we didn't feel it would be safe to stay any longer due to the nature of her research. Our flights were booked to NZ before I had a chance to apply for any Visas to the USA as we needed her exiting flight before we could travel to NZ. I didn't apply for any visa until after I returned to NZ as my passport was about to expire and I needed a new one.  I went to apply for a B1/B2 Visa, but decided against it when the date for my meeting was the day before I as scheduled to travel. I rang up the consulate (or whatever the number that was on the consulate website) and was advised to get an ESTA. 

 

Fast forward a few months and I'm in the United States at her parents place.  I spoke to her mum yesterday and got the all clear for marriage (her dad lives overseas) and proposed this morning. We plan to get married in the USA on the first anniversary of meeting in Bangkok a few weeks. She has between 1 and 7 years left of her university before she can move from the states, and we don't want to live apart so I need to look at my options. What are they?

 

I'm still employed on a contract basis to my employer, and will continue to be employed for as long as I want - I work from home, and have no intention of applying for jobs here in the USA unless necessary (I earn more from overseas than I would in the USA). I have a return ticket back to my home country for mid November.  

 

My reasons for travelling we that we have travelled together for the last 12 months, I wanted to visit her home country and I wanted to visit our suppliers for work (they are all based in San Diego, and face to face meetings are preferred before we purchase products). I even have a local newspaper article from my home country that mentions my intention to travel to the USA for researching my industry for my employer and my interests in the local business.  When entering the country I was asked if I had a Job (I replied yes, correctly) and why I was gone so long (I mentioned my previous travel and that I can work remotely), I was asked no other questions and told clearly I could not attempt to work for any local business. 

 

I have a degree and experience that would place me under a skilled migrant category for the green card lottery and NZ usually doesn't even use all its allocated green cards, so that would be an instant green card if I was prepared to wait 18 months for it. I am healthy and have no criminal record. 

 

I see my options are:

 

1) Marry, attempt AOS under VWP and hope that nothing goes wrong - from what I hear there is a risk of deportation, but it is very slim providing there was no intent to immigrate

 

2) Marry, return home on my return ticket and go through the marriage visa process at home while my wife is by her self in the United States. We've been inseparable the last 12 months and I really don't like the idea of this - though my employer would rather see me around more in person.  Is it possible to get this process started while I'm still in the USA on the VWP (I'm here just under 3 months) so that I have less time waiting in NZ and can return as soon as my visa is approved - is there anything that would result in my marriage visa not being approved? 

 

We would also like to have a "second marriage" in her parents home country (which is in Europe) a year from now so that those who cannot attend in the USA can attend in their old village church. I understand that the AOS process can prevent you from leaving the country except under special circumstances - I'm guessing this would qualify. 

 

My mother has also had a stroke back home in NZ about two years ago, she is ok now - but I'd like to know that I could return to NZ while under probation if her health failed and she needed looking after. 

 

To be perfectly honest, it would be much easier if we both moved to NZ and for her to get NZ residency - but she is a top scholar and receiving lots of scholarships, and there is no way I'd want her to lose the opportunity at a degree/doctorate at a top school in the USA, especially when I can continue to work remotely from home. 

 

* I have dual NZ/England/EU Citizenship, while she has dual USA/EU citizenship. 

* We have joint bank accounts in New Zealand

* We are the main beneficiaries in each others will

* We have joint lease agreements in NZ and will have a joint lease on an apartment in the USA

 

 

I don't want to overstay and I want to ensure everything that I do is legal.  



 
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arrowI-131 - Advanced Parole
August 19, 2014, 7:26 pm Last comment by TanyaB33
TanyaB33



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I am submitting my I131 along with my I485 & I765 and am som confused on so many questions.

 

I am filling out the I131 now so I can submit this with all other forms just in case I have an emergency and have to return home whilst my green card/adjustment of status is in process. so that I will be allowed to re-enter the US. Atleast that way I have an advanced psrole document.

 

I am here on a visa waiver and am appling for an adjustment of status through have a US citizen as my spouse.

 

But I am confused as this I131 seems to be for when you have travel plans already????

 

Part 1.

#2 - My physical address is not where my mail is posted/mailed to, and there is nowhere on this form to put my postal address, what address should I put here?

 

#6 - what is my class of admission? where do I find this out??

 

Part 3.

I have no intended travel plans at the moment as I am applying for an advanced parole document, how do I fill out question 1 through 4c?

 

Part 4.

Purpose of the trip? What do I write here?

 

Part 7.

As I have no trip plans yet, I can't answer question 1.

And then here there is no space for me to put my US Postal address as I am still in the USA.

 

I would really appreciate any help on this please. Thanking you in advance.

 



 
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arrowI-485
August 19, 2014, 6:59 pm Last comment by TanyaB33
TanyaB33



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I am new on here and have some questions in regards to filling out the forms to adjust my status from a visa waiver as I have just got married to my boyfriend so now have a US citizen husband.

 

I am filing an adjustment of status based on being a family (spouse) member now, in part 1 of this form under current USCIS status, do I put 'visa waiver' there or something else?

Also, Part 3.
Where it asks if I was inspected by a US immigration officer, I entered through LAX and a customs official stamped me through. Does this mean 'Yes' I was inspected?



 
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arrowAdjustment of status in Dallas?
August 14, 2014, 2:46 pm Last comment by Boiler
littlekiwi

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Hi,

 

We are currently considering applying for an AoS rather than me returning to NZ to await consular processing. Is it correct that the interview wait time in Dallas is currently 10 months? A lawyer I just spoke to seemed to think that I would be an overstayer during this ten month wait for interview, even if I apply for AoS within the 90 days of my VWP and therefore could risk deportation. However, what I have read seems to say that I would be legally in the US since I would have an adjustment of status in progress.

 

My husband's family live in Ohio, where the reported processing time for I-485 is only four months, can we do processing through that field office instead?

 

Thanks

 

 



 
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arrowI-130 approved, possible adjustment of status?
August 14, 2014, 12:41 am Last comment by ValerieA
littlekiwi

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Hi,

 

Here is our long story.

 

My husband (US Citizen by birth) and I (NZ Citizen) married in Aug 2013 while he was living in NZ. January 2014 we decided that we should return to the US for my husband to do his masters degree. We sent in an I-130 which was received January 30. 

 

My husband started study in late July and so I travelled with him to the US in mid-July on the VWP, first to visit his parents and then to get him settled in/buy furniture for the house etc. My plan was to return to NZ in October (within 90 days) to await an interview via consular processing. At POE, the only question I asked was when I was leaving, to which I gave my return ticket date (I had ticked holiday on my entry form). 

 

Just before coming the US, we found out that I was pregnant. This was not a problem and I was still planning to return to await processing and then come to the US once my conditional green card was approved. However, the I-130 was just approved on July 27 and is in transit to NVC. When i phoned today, NVC said to expect five weeks before it is even received, and we have read that currently there is a back-log and so each stage of processing has been extended to 60 days, possibly meaning it will be up to 7 months before it even gets back to NZ for the consular interview. This would mean I would have to stay in NZ until after the baby was born (since even if it was approved prior I wouldn't be allowed to travel being 8 months pregnant), which would also mean that my husband would probably quit his masters program so that he could be with me to support me.

 

We were advised today informally by an immigration lawyer that we should apply for adjustment of status since I am already here in the US. I know that technically this is possible but we did not want to do it in case they thought our intent was always this, thus committing visa fraud. We left half our belongings in NZ, I had a part time job I was due to start in October while awaiting visa processing and we still have money in a NZ bank account (although we had sold our house and had bought a new house in Texas just before moving here).

 

Please give me your wisdom - what are the chances of being deported/being accused of fraud and not being allowed back in teh country? Obviously we would like my husband to complete his masters degree and also would like to be able to visit family here in the future so would not want to do anything that could jeopardize future travel, however if the AOS was highly likely to be approved this would be great as would mean we could have baby here without the stress of being separated etc.

 

Does anyone know what the local Texas rulings are for AOS? I have heard that it can vary depending where your interview is. 

 

Thank you in advance for any advice and wisdom! (and sorry for the long winded post!)



 
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