B2 Kiwi goes K3

[Aotearoa 0]

Hello to all the helpful people out there

Looking for some feedback, here is my situation:

I am a New Zealand Citizen. I have come to the US for the past couple of winters, on an H2B working visa.

At the end of last winter, March 2005, I met an American girl. We maintained a long distance relationship until I returned in November 2006, for another winter. As we initially suspected, we have turned out to be soul mates, we are in love, and both believe that we have found our life partners.

In March 2006 I applied for a B2 tourist visa, to allow me to stay in US, and to attend my brother's wedding, in the US Virgin Islands.

By the time we had to depart for the Virgin Islands my H2B had expired, and my B2 had not yet been issued. Having a visa application pending, I was entitled to legally remain in the US, but depending on who you spoke to at USCIS the US Virgin Islands were or weren't 'in the US'. Needless to say returning to the mainland was a stressful prospect, but surprisingly it went off without a hitch.

Anyway, while we were down in the US Virgin Islands, at my brother's wedding, we got engaged, yahoo!

When we got back home, to our place in Colorado, my B2 visa was waiting, in our P O Box. I was granted a six month B2 tourist visa.

Now we are looking to get married, at the local courthouse, to be followed by the full wedding celebration in eighteen months.

Once married we intend to file a concurrent I-130/I-485 application for a K3 visa.

Having done some reading on visajourney, and having read a rather stern warning about filing an I-130, with me in the country, on a B2 visa (It seems that it comes down to my intentions, when I filed for my B2 visa), I am now concerned about what course of action we should take.

Initially, when I entered the US on my H2B visa, I wasn't sure which way our relationship would go. Happily everything has worked out better than I could have hoped; in fact I am having to try to locate documents, required by USCIS, from NZ.

1/ Does anybody out there have any experience/input with/on my situation? Should we file for an I-130 with me in the US? (Long term separation is not going to work, and my US partner moving to NZ is not a good option, at present).

2/ Can we file directly for a K3, without going through the K1?

3/ Do we prepare the I-130 package and the I-485 package, and submit them at the same time?

4/ Do I have this right? File I-130/I-485 documents, wait about 8 months for an interview, if accepted, granted conditional residency, wait 21 months, file I-751, to remove conditional status?

5/ Can I stay in the US, once my B2 has expired, if I have a I-130/I-485 pending?

6/ I would like to return to NZ for a month, in November, to sort out my possessions/financial affairs etc. Is this likely to be an option, using an I-131?

7/ I need to go to my other brother's wedding, in Italy, in twelve months. Is this likely, also using an I_131?

8/ What's up with the Supplement A to form I-485?

9/ Abbreviations? NOA? AOS?

A lot of questions, I know, and I'll probably think of more, but that should do for now.

I really appreciate the good folk out there, who take the time to help those of us that are lost and/or confused, in the bureaucracy of the USCIS. Visajourney is great resource, and offers hope to those in the immigration wilderness.

Thank you.

Paul

Edited June 11, 2006 by Aotearoa

[thai2luv 0]

Hello to all the helpful people out there

Looking for some feedback, here is my situation:

I am a New Zealand Citizen. I have come to the US for the past couple of winters, on an H2B working visa.

At the end of last winter, March 2005, I met an American girl. We maintained a long distance relationship until I returned in November 2006, for another winter. As we initially suspected, we have turned out to be soul mates, we are in love, and both believe that we have found our life partners.

In March 2006 I applied for a B2 tourist visa, to allow me to stay in US, and to attend my brother's wedding, in the US Virgin Islands.

By the time we had to depart for the Virgin Islands my H2B had expired, and my B2 had not yet been issued. Having a visa application pending, I was entitled to legally remain in the US, but depending on who you spoke to at USCIS the US Virgin Islands were or weren't 'in the US'. Needless to say returning to the mainland was a stressful prospect, but surprisingly it went off without a hitch.

Anyway, while we were down in the US Virgin Islands, at my brother's wedding, we got engaged, yahoo!

When we got back home, to our place in Colorado, my B2 visa was waiting, in our P O Box. I was granted a six month B2 tourist visa.

Now we are looking to get married, at the local courthouse, to be followed by the full wedding celebration in eighteen months.

Once married we intend to file a concurrent I-130/I-485 application for a K3 visa.

Having done some reading on visajourney, and having read a rather stern warning about filing an I-130, with me in the country, on a B2 visa (It seems that it comes down to my intentions, when I filed for my B2 visa), I am now concerned about what course of action we should take.

Initially, when I entered the US on my H2B visa, I wasn't sure which way our relationship would go. Happily everything has worked out better than I could have hoped; in fact I am having to try to locate documents, required by USCIS, from NZ.

1/ Does anybody out there have any experience/input with/on my situation? Should we file for an I-130 with me in the US? (Long term separation is not going to work, and my US partner moving to NZ is not a good option, at present).

2/ Can we file directly for a K3, without going through the K1?

3/ Do we prepare the I-130 package and the I-485 package, and submit them at the same time?

4/ Do I have this right? File I-130/I-485 documents, wait about 8 months for an interview, if accepted, granted conditional residency, wait 21 months, file I-751, to remove conditional status?

5/ Can I stay in the US, once my B2 has expired, if I have a I-130/I-485 pending?

6/ I would like to return to NZ for a month, in November, to sort out my possessions/financial affairs etc. Is this likely to be an option, using an I-131?

7/ I need to go to my other brother's wedding, in Italy, in twelve months. Is this likely, also using an I_131?

8/ What's up with the Supplement A to form I-485?

9/ Abbreviations? NOA? AOS?

A lot of questions, I know, and I'll probably think of more, but that should do for now.

I really appreciate the good folk out there, who take the time to help those of us that are lost and/or confused, in the bureaucracy of the USCIS. Visajourney is great resource, and offers hope to those in the immigration wilderness.

Thank you.

Paul

We also had to make the decision about whether to file the K1 or K3. We opted for the K1 because it seems to be processed more quickly. K1 process start to finish was just under 6 months.

1/My understanding is you cannot legally marry while here on a tourist visa. Which means you cannot file the I-130 while you are here in the U.S. You must return to your home country.

2/Yes. K1 or K3 it's up to you.

3 and 4/See the K3 guide for detailed instructions

5,6, and 7/ See #1

8/See 3 and 4

9/NOA - Notice of Action AOS - Adjustment of Status

Best of Luck.

Edited June 11, 2006 by thai2luv

[meauxna 15]

1/ Does anybody out there have any experience/input with/on my situation? Should we file for an I-130 with me in the US? (Long term separation is not going to work, and my US partner moving to NZ is not a good option, at present).

2/ Can we file directly for a K3, without going through the K1?

3/ Do we prepare the I-130 package and the I-485 package, and submit them at the same time?

4/ Do I have this right? File I-130/I-485 documents, wait about 8 months for an interview, if accepted, granted conditional residency, wait 21 months, file I-751, to remove conditional status?

5/ Can I stay in the US, once my B2 has expired, if I have a I-130/I-485 pending?

6/ I would like to return to NZ for a month, in November, to sort out my possessions/financial affairs etc. Is this likely to be an option, using an I-131?

7/ I need to go to my other brother's wedding, in Italy, in twelve months. Is this likely, also using an I_131?

8/ What's up with the Supplement A to form I-485?

9/ Abbreviations? NOA? AOS?

A lot of questions, I know, and I'll probably think of more, but that should do for now.

I really appreciate the good folk out there, who take the time to help those of us that are lost and/or confused, in the bureaucracy of the USCIS. Visajourney is great resource, and offers hope to those in the immigration wilderness.

Thank you.

Paul

Paul, first things first. The best thing for you to do, so that you understand what you ARE doing, and the risks (or not) associated with it, is for the two of you to speak with an immigration attorney *in private* and not on the internet. This is YOUR bacon on the line, no one else's. Many people misunderstand your type of situation.

You have a few terms and concepts mixed up. And, you may have an issue with your intent when you re-entered the US, or NOT. That is not for us to decide, that is for you + your lawyer to decide.

In the main, if you are already in the US, you need to Adjust Status, not apply for a visa. K-3 etc do not apply to you. I-130 + i-485 = AOS/Adjustment of Status.

You've got a good grasp of the other flowline (I-751 etc) and I-131. Abbreviations are in the Apendix to the FAQ (blue tabs, top of the page). You've clearly done your reasearch!

The only thing you've missed is a biggie, and your lawyer may not know about it either, so check this out.

New Zealand is one of the very few countries that does not have a residency requirement for the USC to file I-130 abroad. There are huge benefits to doing this, if your USC can go to NZ for a short visit. Please review the DCF Guide and see if it's a fit for you. The other factor in making your decision is how long it takes to get an AOS interview in your District Office. One Colo friend I know is waiting waaaay too long to become a PR. With DCF, you will be a PR when you return to the US. Don't know where you got the 8 month figure.

DCF Guide: http://www.visajourney.com/forums/index.ph...custom&page=dcf

If you AOS, yes, you can stay in the US while waiting for your interview. You are no longer in B status, but pending adjustment. you need a separate work permit. Forget the Supplement; doesn't apply to you.

If you are going to file AOS in the US, check the uscis.gov site for where and how to file. Always check there for up to date fee and mailing information, as the forms are usually out of date.

Welcome!

[Aotearoa 0]

1/ Does anybody out there have any experience/input with/on my situation? Should we file for an I-130 with me in the US? (Long term separation is not going to work, and my US partner moving to NZ is not a good option, at present).

2/ Can we file directly for a K3, without going through the K1?

3/ Do we prepare the I-130 package and the I-485 package, and submit them at the same time?

4/ Do I have this right? File I-130/I-485 documents, wait about 8 months for an interview, if accepted, granted conditional residency, wait 21 months, file I-751, to remove conditional status?

5/ Can I stay in the US, once my B2 has expired, if I have a I-130/I-485 pending?

6/ I would like to return to NZ for a month, in November, to sort out my possessions/financial affairs etc. Is this likely to be an option, using an I-131?

7/ I need to go to my other brother's wedding, in Italy, in twelve months. Is this likely, also using an I_131?

8/ What's up with the Supplement A to form I-485?

9/ Abbreviations? NOA? AOS?

A lot of questions, I know, and I'll probably think of more, but that should do for now.

I really appreciate the good folk out there, who take the time to help those of us that are lost and/or confused, in the bureaucracy of the USCIS. Visajourney is great resource, and offers hope to those in the immigration wilderness.

Thank you.

Paul

Paul, first things first. The best thing for you to do, so that you understand what you ARE doing, and the risks (or not) associated with it, is for the two of you to speak with an immigration attorney *in private* and not on the internet. This is YOUR bacon on the line, no one else's. Many people misunderstand your type of situation.

You have a few terms and concepts mixed up. And, you may have an issue with your intent when you re-entered the US, or NOT. That is not for us to decide, that is for you + your lawyer to decide.

In the main, if you are already in the US, you need to Adjust Status, not apply for a visa. K-3 etc do not apply to you. I-130 + i-485 = AOS/Adjustment of Status.

You've got a good grasp of the other flowline (I-751 etc) and I-131. Abbreviations are in the Apendix to the FAQ (blue tabs, top of the page). You've clearly done your reasearch!

The only thing you've missed is a biggie, and your lawyer may not know about it either, so check this out.

New Zealand is one of the very few countries that does not have a residency requirement for the USC to file I-130 abroad. There are huge benefits to doing this, if your USC can go to NZ for a short visit. Please review the DCF Guide and see if it's a fit for you. The other factor in making your decision is how long it takes to get an AOS interview in your District Office. One Colo friend I know is waiting waaaay too long to become a PR. With DCF, you will be a PR when you return to the US. Don't know where you got the 8 month figure.

DCF Guide: http://www.visajourney.com/forums/index.ph...custom&page=dcf

If you AOS, yes, you can stay in the US while waiting for your interview. You are no longer in B status, but pending adjustment. you need a separate work permit. Forget the Supplement; doesn't apply to you.

If you are going to file AOS in the US, check the uscis.gov site for where and how to file. Always check there for up to date fee and mailing information, as the forms are usually out of date.

Welcome!

Wow, that looks like a good path. I will check with the US consulate, in NZ. Thanks for taking the time reply, good tip. Maybe I will be off to NZ, in November, with my USC in tow. Thanks again. P

Hello to all the helpful people out there

Looking for some feedback, here is my situation:

I am a New Zealand Citizen. I have come to the US for the past couple of winters, on an H2B working visa.

At the end of last winter, March 2005, I met an American girl. We maintained a long distance relationship until I returned in November 2006, for another winter. As we initially suspected, we have turned out to be soul mates, we are in love, and both believe that we have found our life partners.

In March 2006 I applied for a B2 tourist visa, to allow me to stay in US, and to attend my brother's wedding, in the US Virgin Islands.

By the time we had to depart for the Virgin Islands my H2B had expired, and my B2 had not yet been issued. Having a visa application pending, I was entitled to legally remain in the US, but depending on who you spoke to at USCIS the US Virgin Islands were or weren't 'in the US'. Needless to say returning to the mainland was a stressful prospect, but surprisingly it went off without a hitch.

Anyway, while we were down in the US Virgin Islands, at my brother's wedding, we got engaged, yahoo!

When we got back home, to our place in Colorado, my B2 visa was waiting, in our P O Box. I was granted a six month B2 tourist visa.

Now we are looking to get married, at the local courthouse, to be followed by the full wedding celebration in eighteen months.

Once married we intend to file a concurrent I-130/I-485 application for a K3 visa.

Having done some reading on visajourney, and having read a rather stern warning about filing an I-130, with me in the country, on a B2 visa (It seems that it comes down to my intentions, when I filed for my B2 visa), I am now concerned about what course of action we should take.

Initially, when I entered the US on my H2B visa, I wasn't sure which way our relationship would go. Happily everything has worked out better than I could have hoped; in fact I am having to try to locate documents, required by USCIS, from NZ.

1/ Does anybody out there have any experience/input with/on my situation? Should we file for an I-130 with me in the US? (Long term separation is not going to work, and my US partner moving to NZ is not a good option, at present).

2/ Can we file directly for a K3, without going through the K1?

3/ Do we prepare the I-130 package and the I-485 package, and submit them at the same time?

4/ Do I have this right? File I-130/I-485 documents, wait about 8 months for an interview, if accepted, granted conditional residency, wait 21 months, file I-751, to remove conditional status?

5/ Can I stay in the US, once my B2 has expired, if I have a I-130/I-485 pending?

6/ I would like to return to NZ for a month, in November, to sort out my possessions/financial affairs etc. Is this likely to be an option, using an I-131?

7/ I need to go to my other brother's wedding, in Italy, in twelve months. Is this likely, also using an I_131?

8/ What's up with the Supplement A to form I-485?

9/ Abbreviations? NOA? AOS?

A lot of questions, I know, and I'll probably think of more, but that should do for now.

I really appreciate the good folk out there, who take the time to help those of us that are lost and/or confused, in the bureaucracy of the USCIS. Visajourney is great resource, and offers hope to those in the immigration wilderness.

Thank you.

Paul

We also had to make the decision about whether to file the K1 or K3. We opted for the K1 because it seems to be processed more quickly. K1 process start to finish was just under 6 months.

1/My understanding is you cannot legally marry while here on a tourist visa. Which means you cannot file the I-130 while you are here in the U.S. You must return to your home country.

2/Yes. K1 or K3 it's up to you.

3 and 4/See the K3 guide for detailed instructions

5,6, and 7/ See #1

8/See 3 and 4

9/NOA - Notice of Action AOS - Adjustment of Status

Best of Luck.

Thanks for taking the time to firstly read my essay, and to reply. As I suspected, I might be on thin ice, and have to review my proposed course of action. Cheers. P

[Mr. Big Dog 10,747]

1/My understanding is you cannot legally marry while here on a tourist visa. Which means you cannot file the I-130 while you are here in the U.S. You must return to your home country.

Your understanding is not correct.

[iceyspots 0]

Wishing you luck with any path you choose

[thai2luv 0]

1/My understanding is you cannot legally marry while here on a tourist visa. Which means you cannot file the I-130 while you are here in the U.S. You must return to your home country.

Your understanding is not correct.

Thanks for clearing that up.

Edited June 12, 2006 by thai2luv

[hafiz 1]

good luck to everyone