Decisions Decisions

[RuKuS 0]

Hello all...I'm new here. I've never posted anything, but I've used the site before while I was going through getting my citizenship. It's a great website, and I appreciate the wealth of useful information that you guys provide. Anyway, here's my predicament:

I met my girlfriend in the summer of 2005 while I was working at a summer camp, and she was a counselor there from Ireland. She then came back to the same camp in the summer of 2008. I was still a volunteer there, and we hit it off then. We had a wonderful summer, and kept in touch after she left and went to Australia to do some traveling. While in Australia, we realized how much we missed and loved each other. She then decided to come back to work at the camp again in the summer of 2009 so that we can spend more time together. It was during that time we realized we realized that we wanted to spend the rest of our lives together. She then left at the end of the 2009 summer, and went to New Zealand to work.

We're trying to figure out the best route to take so that we can be together again as soon as possible. Here are the current options:

1. I can file for a fiance visa while she's in New Zealand, but our concern is, would there be an issue with that since she's an Irish citizen? Would she need to be in Ireland in order to complete this process, or can it be done from New Zealand? Also, how long would the process take?

2. She is guaranteed a J1 visa to come back and work for the summer of 2010. Should she take it, and we get married then, and then just file for an AoS?

We are really confused and not sure what path to take. Since my girlfriend moved around so much in the pass year, we're not sure if that will be an issue with filing for a K1. On the other hand, we're not sure if the J1 option would be too risky.

Please help!

[gmjdmj 2]

When filing for the K-1 you will deal with the US consulate where she currently resides.

[christeen 966]

If she is a legal resident of NZ, then she can file there... She will however need some Ireland documents (can file with the Irish embassy in NZ)... The K-1 visa should take between 4-6 months on average... You just need to keep evidence of an ongoing relationship (plane tickets, visits, e-mail, chats etc...)

I would not suggest the J1 thing... First off, because knowingly coming to the US on another visa with the intention to marry is illegial and if found out or denyed, could be a ban... Plus, if she cannot come until summer 2010, on the K-1 you will have her here before then (most cases)...

[RuKuS 0]

Thanks for the replies so far...the K1 looks to be the best option at the moment. I have to start looking at what I'll need to send in, and start working on that. I'm sure I'll be back here with questions when I start the paperwork.

[Leo&Farah 0]

1. I can file for a fiance visa while she's in New Zealand, but our concern is, would there be an issue with that since she's an Irish citizen? Would she need to be in Ireland in order to complete this process, or can it be done from New Zealand? Also, how long would the process take?

2. She is guaranteed a J1 visa to come back and work for the summer of 2010. Should she take it, and we get married then, and then just file for an AoS?

We are really confused and not sure what path to take. Since my girlfriend moved around so much in the pass year, we're not sure if that will be an issue with filing for a K1. On the other hand, we're not sure if the J1 option would be too risky.

Please help!

1. Not sure about the embassy specific question but the process of K1 took 6 months or so from our filing to the interview date. It is dependant also on which service center you file to. CSC used to be faster by 2 months than VSC but VSC seems to have picked up pace. And it also depends on the speed of the embassy you elect to go through at filing the documentation and setting the interview date. Check the immigration time lines for the embassy you will use to see how fast on average the consulate takes from NOA2 to interview date then add roughly 4 months processing time for NOA1 to NOA2 for USCIS portion. This is of course a rough estimate as some people do fall in the black hole at USCIS and it appears to be entirely random and a matter of pure luck and assuming your case is a simple black and white case.

2. I highly recommend NOT having her come into the US with that visa and to adjust because that is immigration fraud - coming into US with the intention of getting married on the wrong visa. Also if you get denied at the adjustment stage, I am unsure if you can appeal the decision from a J1. It is very very risky and also illegal. 6 months for the K1 vs a ban from US, there's not much argument there.

PS: Also remember that since your SO moved around so much that she will need a police certificate for every place she has lived more than 6 months since the age of 16.

[Gary and Alla 3,694]

Hello all...I'm new here. I've never posted anything, but I've used the site before while I was going through getting my citizenship. It's a great website, and I appreciate the wealth of useful information that you guys provide. Anyway, here's my predicament:

I met my girlfriend in the summer of 2005 while I was working at a summer camp, and she was a counselor there from Ireland. She then came back to the same camp in the summer of 2008. I was still a volunteer there, and we hit it off then. We had a wonderful summer, and kept in touch after she left and went to Australia to do some traveling. While in Australia, we realized how much we missed and loved each other. She then decided to come back to work at the camp again in the summer of 2009 so that we can spend more time together. It was during that time we realized we realized that we wanted to spend the rest of our lives together. She then left at the end of the 2009 summer, and went to New Zealand to work.

We're trying to figure out the best route to take so that we can be together again as soon as possible. Here are the current options:

1. I can file for a fiance visa while she's in New Zealand, but our concern is, would there be an issue with that since she's an Irish citizen? Would she need to be in Ireland in order to complete this process, or can it be done from New Zealand? Also, how long would the process take?

2. She is guaranteed a J1 visa to come back and work for the summer of 2010. Should she take it, and we get married then, and then just file for an AoS?

We are really confused and not sure what path to take. Since my girlfriend moved around so much in the pass year, we're not sure if that will be an issue with filing for a K1. On the other hand, we're not sure if the J1 option would be too risky.

Please help!

Mnay people have successfully married and adjusted from a J1 visa. There are two problems to consider. Her INTENT upon entering the US. Fortunately the J1 offers a built in presumption of intent other than getting married. It is illegal to enter the US with the INTENT to get married AND adjust status on any visa except a K-1. The other is that some J1s have a two year "residency" rule which requires her to return to her home country for two years before being issued ANY OTHER visa, including a K-1. Check that.

Yes, if she is legally present in Australia you can file for the K-1 and she can have her interview in Australia.

[RuKuS 0]

Thank you guys for all the very helpful replies. I will be heading to NZ to see my girlfriend in a few weeks, so we'll figure out what direction we'll take. It does seem like the K1 visa is the better option though.

[RuKuS 0]

When filling out the I-129F, there are two places where they ask for an address for the fiancee. In Part B, question 2, they ask for an address, and then in Part B, question 15, they ask for the address abroad. Since my fiancee is from Ireland, but is now in New Zealand, do I put the Irish address in Part B, question 2, and the New Zealand address in Part B, question 15? Or do I put the New Zealand address in both spots? She's working in New Zealand on a 6 month contract at the moment. Thanks for your responses.