Advise needed please.

[leonidas_alexan 45]

This post is triggered by my uneasiness and uncertainty after reading the following thread on VJ.

http://www.visajourney.com/forums/topic/406579-k1-visa-refused-after-2-months-from-interview/

I am in one way in a similar position to the OP of the above thread. I too am an Indian citizen living in New Zealand for the past 2.5 years now. I arrived in New Zealand on a student visa in the month of July, 2010. My original plan was to finish my education, get a work visa and perhaps look to apply for a permanent residency here in New Zealand if I liked it over here. I successfully finished my education in 2011 December and obtained a valid work visa for 1 year in March 2012 which can be extended by a further two years at the end of March 2013.

Now, I met my fiancee in April 2011 while I was at college. We fell in love and I went to her place in Virginia in July 2012 to get engaged to her. When I returned back to New Zealand we immediately filed our K1 petition. We received our NOA1 after 1 week and now waiting for the NOA2. So far so good.

But after reading the above thread, I am slightly wary and confused as to my future course of action. It appears that the OP of the above thread was denied his K1 visa at the embassy interview stage. I really am not quite sure as to the reasons for that.

My questions to my fellow VJ'ers is this---do you guys think the visa rejection has got anything to do with the fact that maybe since the OP was from India (which maybe a medium to high risk fraud country) but he attended his interview in New Zealand ( a low risk/non risk country). It is clear that the OP is in New Zealand legally.

I will explain to you guys my situation based on which I would welcome suggestions and advice.

* My current visa expires in a couple of months from now in March 2013. Now, I do have a legal right to extend it by a further 2 years. But I really do not want to do that because I know that I have already applied for a K1 visa. The 2 year extension would be given to me if I have in my hands a full time job. Although I have got several job offers I have declined them because at the job interview I know if I tell them that I have already applied for a K1 visa nobody would be willing to hire me. And, obviously I do not want to hide the fact that I have applied for a K1 visa. Also if and when I am granted the K1 visa I need to immediately go to the US. So, quite deliberately I have now taken up a casual job which did not entail me to sign any binding contract.

* Since I do not want to apply for a work visa I am planning to get a student visa so that I can still attend my embassy interview here in Auckland. I have finished my accounting degree and I am planning to do a full time short course in Human Resource Management, Marketing etc which will help further bolster my accounting degree. Apparently in order to attend a K1 visa interview in a foreign embassy the applicant either should be in that foreign country on a student or a work visa. Currently I am on a work visa. I can actually live here by choosing either a student visa or a work visa. I just need to know which one is suitable for me given my circumstances. I believe it is the student visa since I am sure nobody will be willing to hire me knowing that I will soon be leaving for the USA.

* The other option is to go back to my home country India to attend the embassy interview. But I do not want to do that as when I came to New Zealand for my education, I have taken a huge student loan which I am still paying off with the help of my current job. A student visa would still legally allow me to work for 20 hours in a week. Because of the big currency exchange difference between the New Zealand dollar and Indian rupee, I will still be able to pay off my student loan instalments even if I work only 20 hours in a week.

Now my worry is this:

* If I choose to stay back in New Zealand, will it be seen as an attempt at consulate shopping? I did arrive in New Zealand in 2010 legally on a proper student visa and I got my valid work visa which I can further extend it by 2 years.

* I actually met my girl friend in the year 2011 a full 12 months after I arrived in New Zealand. This is to emphasize that I did not meet my girl friend while I was in India and only chose to move to New Zealand for consulate shopping. Coming to New Zealand was something that I always wanted to do and obviously I had no clue at the time that I would be meeting someone from the USA one year later.

* Anyway given the rejection of the OP in the above thread, I am worried what could have been the reasons for his rejection. I would love to stay back here in New Zealand and attend my embassy interview here as I can earn money and pay off my student loan as much as possible before I leave for USA. Or should I go back to India to attend my embassy interview?

Please advise.

Cheers.