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New Zealand US Immigration Portal

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arrowI-131 - Advanced Parole
August 19, 2014, 7:26 pm Last comment by 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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August 19, 2014, 6:59 pm Last comment by 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

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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?





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

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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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arrowSelf employed income from overseas during AOS
August 7, 2014, 5:50 pm Last comment by Nich-Nick

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Hi VJers


I am in quite a unique employment situation and it's a bit hard to figure out what I should be doing in regards to tax.


I started working in May, after receiving my EAD, on a project for a US company. I wasn't employed directly by the company, but instead through a staffing agency in California, with which I filed a W-4.


That's the straightforward bit.


Last month the US company moved us to a staffing agency based in Europe as independent contractors. Payment is on invoice, and is made as a wire transfer to my bank account. Being a European company, there is obviously no tax withheld.


Does anyone here know what my tax obligations might be? I can only seem to find info on US Citizens earning income in this manner, or at a stretch resident aliens. I can never quite work out if I am a resident alien for tax purposes yet, as my AOS is still in progress and I don't yet have a green card.



V. confused!

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