Which Embassy Should I use?

[Mekkayla 0]

Hi All,

First post so please be gentle on me if I ask questions that have already been asked.

I am going to visit my fiance again in the USA next week on the VWP for 90 days. We plan to submit the forms for the K1 visa while I am there. Which brings up a few questions.

1. Can we apply for the K1 visa while I am on the VWP?

2. I am a New Zealand Citizen and use a New Zealand passport to travel with, but I am a permanent Australian resident who resides in Australia. So do I put down the USA embassy in NZ or Aust?

3. If I brought all of my paperwork with me on my trip to the USA, could immigration use that against me at the POE to deny me entry? Would it be safer having a family member post it all over after I leave?

Thank you for your help

[mandyu1 5]

Hi All,

First post so please be gentle on me if I ask questions that have already been asked.

I am going to visit my fiance again in the USA next week on the VWP for 90 days. We plan to submit the forms for the K1 visa while I am there. Which brings up a few questions.

1. Can we apply for the K1 visa while I am on the VWP?

2. I am a New Zealand Citizen and use a New Zealand passport to travel with, but I am a permanent Australian resident who resides in Australia. So do I put down the USA embassy in NZ or Aust?

3. If I brought all of my paperwork with me on my trip to the USA, could immigration use that against me at the POE to deny me entry? Would it be safer having a family member post it all over after I leave?

Thank you for your help

You will want to use the embassy where you will be living at the time you will have your interview. Also, I don't see why you couldn't apply for the K1 while you are on VWP. As for the papers I have read stories where a woman was denied entry because they found papers (work resume and birth certificate) that would suggest she was going to overstay her visa, so I would suggest maybe someone send them to you once you are here. Hope this helps.

[pushbrk 14,573]

You will want to use the embassy where you will be living at the time you will have your interview. Also, I don't see why you couldn't apply for the K1 while you are on VWP. As for the papers I have read stories where a woman was denied entry because they found papers (work resume and birth certificate) that would suggest she was going to overstay her visa, so I would suggest maybe someone send them to you once you are here. Hope this helps.

Visas are applied for abroad. The US Citizen can file the I-129F petition while the foreign fiancee is in the USA, sure. She will apply for a visa at the US Consulate in Sydney, not any Embassy in this case. All papers needed for filing the petition can be generated in the USA except divorce decrees and absolutely nothing "original" is needed from the foreigner at petition filing that cannot be produced in the USA. I would scan and email any divorce decrees and leave the papers at home. Things like birth certificate and divorce decree originals will be needed at the interview, not in the USA while filing the petition.

The OP needs to be very careful upon entry. Answers to "purpose of visit?" like "to see my fiance" are great ways to be denied entry.

[Mekkayla 0]

Thank you very much for your help!

I have all the hotel receipts, boarding passes, photos etc from my last visit. So will get them posted over and the rest of the documents rather than bring them.

I have also found out that my other half has not filed a tax return in the USA for the last 3 years as he has not worked since he left the military. He is now working, and would surpass the 125% income level. But will it be a problem that he has had nil income for the previous 3 years?

[pushbrk 14,573]

Thank you very much for your help!

I have all the hotel receipts, boarding passes, photos etc from my last visit. So will get them posted over and the rest of the documents rather than bring them.

I have also found out that my other half has not filed a tax return in the USA for the last 3 years as he has not worked since he left the military. He is now working, and would surpass the 125% income level. But will it be a problem that he has had nil income for the previous 3 years?

Not if he has enough income currently.