NZer wanting to marry my US boyfriend

[Kathryn41 3,205]

No they weren't. My intention was to play hockey, which I'm doing, but our relationship has become more serious and we are looking at getting married.

Then in this case you are allowed to marry and file to adjust status to remain in the US. You should plan to get married and file the appropriate paperwork before your current visa expires even if it means having a court house wedding now followed by something more formal later.

Once you are married you would file an I-485 application along with applications requesting permission to work and to travel. Your spouse would file an I-130 petition for a family member at the same time. He will also need to prove he is financially able to support you by having a US based income of at least 125% of the US poverty level for a 'family' or your size (eg. if it is just the 2 of you, then your family size is 2; if there are children involved then the family size would be 2 + the number of children/dependents). If he doesn't make enough money then you would need to find a co-sponsor who does meet the financial requirements.

You will also require an immigration medical done by a USCIS approved doctor called a Civil Surgeon.

The important thing to remember is that if you choose this route you cannot leave the US until one of 2 things happens: you get your green card (that is, your permission to adjust status and become a permanent resident is approved) or you receive travel permission (called Advance Parole). This will take approximately 2 to 3 months after you file at the earliest. If you do choose this route and your current visa is going to expire, once you file the Adjustment of Status application your status remains legal until you receive a decision.

You do have 2 other options but both of them require you to leave the country and obtain a visa to return to the US as either a fiance or as a spouse. Since you are already here, had no intention on getting married when you arrived and are allowed to apply for permission to become a permanent resident based upon marriage to a US citizen, it is a far more sensible course of action to stay here and apply to adjust status from within the US than to pursue a K-1 or a CR-1 visa.

Good luck to you.

I am actually going to move this thread to the AOS from a work, student or tourist visa forum as I feel that will be a more appropriate location for you. I suspect you will not be applying for a K-1 visa .

Edited June 3, 2011 by Kathryn41

[Done--Really 331]

Yes--get married here--there are no restrictions !!

And if you story is as straightforward as it seems, you can adjust status here as well--if you go down that path you MUST NOT leave the country under any circumstances until you are completely thru the adjustment or you have to start from scratch. If you get married now and get the ball rolling, there is no reason to extend your current visa--in fact they won't once you file for adjustment of status.

Go for it, girl !!

[BSquared 9]

Yes, agree the other forum (IR1=CR1) is your best option to find out from a marriage first point of view. I know for NZ K1 (fiancee) visas we are quite different to a lot of other countries, but I only know the K1 requirements so best you check with the IR1-CR1 forum and ask their advice. Read any NZ Embassy reviews etc on this site. Best of luck in whatever you decide.

Total curiousity, because we've not yet submitted anything, how exactly is NZ different? I'm assuming all paperwork is exactly the same and that the process once the paperwork is in NZ is the different part. Correct?

[ceadsearc 516]

If you didn't plan to marry, and it's not going to be a problem for you to not leave the country for several months while your AOS is pending, you can go ahead and get married and file for your AOS, plain and simple. Like you've been told, though, you cannot leave the country until you get your Advanced Parole (assuming you have not overstayed your visa long enough for a ban, if you have at all), so if any of your "loose ends" in New Zealand cannot wait several months, AOS is probably not for you. If they can, go for it - adjusting from a B2 is actually a pretty straightforward and common process. Good luck!

[Harsh_77 716]

No they weren't. My intention was to play hockey, which I'm doing, but our relationship has become more serious and we are looking at getting married.

So you were never tourist from start?

Why were you on B1/2?

Thats supposed to be for either business or pleasure trips.

Other option you have is you can get married, return back home while your husband files for your CR1 here in US and you can tie up all your loose end and then enter on CR1.

Edited June 3, 2011 by Harsh_77

[Boiler 43,859]

Probably not a pro, in the nicest possible way.

Marry and adjust.

[kelzm 0]

how long does the filing take while I'm back in NZ if this is the case?

It depends on what you file, if you do the K1 fiancee visa it's about 6 months or so, if you are going to do the I-130 right now processing times seem to be around 9 months up to a year total. I just did IR2 for my son who is still in NZ, this took 9 months in total and that seems par for the course for any straight forward NZ I-130 applicants.

Edited June 3, 2011 by kelzm

[Done--Really 331]

Let's look at the two options that make the most sense since you are already here--yes, there are other options, but forget about them--these are the best since you are here now:

1) If you can afford to be here for the next 3 - 5 months--maybe a little longer--then get married right away, and start the AOS process here, realizing you can not leave until you are done--that's not quite true since you can apply for an advance parole to leave and return, but it takes almost as long to get that approved as it does to to get the final AOS, so assume that you will be here the entire time.

2) Get married right away--think I said that already--and file for CR-1 the day after. Then you can stay here until your current I-94 expires in October, and then you head back. By that time you will be 4-plus months into the process, and since NZ is a low-fraud country, you can probably get thru the entire process in 7 - 8 months.

Both approaches are pretty painless and it comes down to one simple question--can you be away from NZ long enough to complete the AOS process here--if yes, go down that path. If not, kick off the CR-1 process as quickly as possible so your time back in NZ will be as short as possible.

You are so lucky since you have two really good choices--don't complicate it beyond these two paths.

[weemac115 0]

Probably not a pro, in the nicest possible way.

Marry and adjust.

yeah im not playing pro hockey, no woman gets paid unless they're playing in a mens league which im not good enough for! I just want to be with my man!! i came here purely to spend time with him and see a bit of the country while i improve my hockey (its a lot better here than in NZ)

[weemac115 0]

Let's look at the two options that make the most sense since you are already here--yes, there are other options, but forget about them--these are the best since you are here now:

1) If you can afford to be here for the next 3 - 5 months--maybe a little longer--then get married right away, and start the AOS process here, realizing you can not leave until you are done--that's not quite true since you can apply for an advance parole to leave and return, but it takes almost as long to get that approved as it does to to get the final AOS, so assume that you will be here the entire time.

2) Get married right away--think I said that already--and file for CR-1 the day after. Then you can stay here until your current I-94 expires in October, and then you head back. By that time you will be 4-plus months into the process, and since NZ is a low-fraud country, you can probably get thru the entire process in 7 - 8 months.

Both approaches are pretty painless and it comes down to one simple question--can you be away from NZ long enough to complete the AOS process here--if yes, go down that path. If not, kick off the CR-1 process as quickly as possible so your time back in NZ will be as short as possible.

You are so lucky since you have two really good choices--don't complicate it beyond these two paths.

you are so helpful thank you we will look into all of our options but you have given me all I need to look into it further :)thank you soooo much!!

[Ryan H 3,798]

Total curiousity, because we've not yet submitted anything, how exactly is NZ different? I'm assuming all paperwork is exactly the same and that the process once the paperwork is in NZ is the different part. Correct?

The poster of the post you quoted was indicating they were not familiar with the spousal visa process, only the fiancee process and thus the paperwork for the two different processes would be different.

[Casprd 167]

I do have loose ends in NZ of course but I have family and friends there able to take care of things until we can be sure things are stable enough for us to travel back and forward without hassle.

Another issue is going to be the civil documents that you would need for the AOS. Many of these are not normal documents to take with you when travelling so you would either need to have brought them with you (which shows intent to stay) or if possible have someone with power of attorney in NZ who can gather the documents you will need and send them to you.

Basically the answer to your question is, yes it is possible to get married and stay, but it will be a little difficult logistically. Since you have family and friends in NZ who can tie up the loose ends they should be able to act as a proxy for you to gather the documents without too many problems. If you return home and do the CR-1 then it will be 8 to 12 months from the time you start until you can get the interview scheduled. May want to do a consulte with an immigration attorney to see what the best option is. But take what they say with a grain of salt and always always always double check their information.

[A + M 29]

I'm on a B2 tourist visa to the US, my boyfriend and I met in my home country (NZ) and asked me to come back here.

We want to get married, I'm wondering if I can do this and stay here after that?

I've been totally put off dealing with the US embassy after all the trouble and time it took to come here. We just want to be together!

Does anyone know how this works?

Please help!

While in US, marry your boyfriend and apply for AOS.

[Liz&Nate 23]

I've read a little and saw that I don't need a fiancee visa because I'm already here.

This is not true. You need a fiance visa if your intent when entering the country was to get married. I have a multiple entry B1/B2/BCC and have been in the US literally hundreds of times on daytrips, but I still had to file for a K1 because my intent is to get married. As simple as that.

If you decide to adjust from a B2 chances are you will be able to AOS fairly easily. There is always a risk, however, that you will be denied because a B1/B2 is not a dual intent visa. Ultimately it is your life and your happiness so think carefully before marrying. I made the choice to go back to my country and wait the K1 process because I don't want any risks.

Regardless of the choice you make, good luck. Look at the guides here and be as thorough and truthful as possible.

[Que Saudade 284]

yeah im not playing pro hockey, no woman gets paid unless they're playing in a mens league which im not good enough for! I just want to be with my man!! i came here purely to spend time with him and see a bit of the country while i improve my hockey (its a lot better here than in NZ)

Remember that you are going to have to convince IO that you did not come here with intention of immigration. In an earlier post you said

My intention was to play hockey, which I'm doing, but our relationship has become more serious and we are looking at getting married.

And in your opening statement you said

I'm on a B2 tourist visa to the US, my boyfriend and I met in my home country (NZ) and asked me to come back here.

We want to get married, I'm wondering if I can do this and stay here after that?

I've been totally put off dealing with the US embassy after all the trouble and time it took to come here.

Since everyone has only posted one side of this scenario, I would like to propose the “con” to this scenario. (understand I am not advising you to not marry and stay…. just giving a dialectical view)

Based on your own admission, you came here “purely” to see him. But you claim in another post you came just to play hockey.

Additionally, from your very first post, you admit that your boyfriend asked you to come here.

Be careful, this is beginning to sound pre-meditated. I personally do not care if it is or if it isn’t. It would be a shame for you to mess things up by just trying to avoid being apart for awhile. IF the Immigration Officer suspects fraud, it could have a negative impact on your ability to come to the US…… ever.

I just want to point out how USCIS is going to approach this. The assumption will be that you came over here with the intention of immigration. You will have to convince otherwise.

Best wishes on your engagement and marriage..!