Previous H-1B, engaged in NZ and returning to the US, have a few questions

[SalishSea 16,770]

2 hours ago, Vamp.nz said:

but get a good immigration lawyer

I really doubt OP needs an immigration lawyer.  Most of us here have done our entire processes as DIY.

[Vamp.nz 23]

1 minute ago, Jorgedig said:

I really doubt OP needs an immigration lawyer.  Most of us here have done our entire processes as DIY.

Well if I had a good immigration lawyer at the beginning I could have been there now and cut all the BS in between. Wasted a year of my fiancé and my time doing what we thought we had to do to find out we could have done things better and been together sooner. 

[SalishSea 16,770]

Just now, Vamp.nz said:

Well if I had a good immigration lawyer at the beginning I could have been there now and cut all the BS in between. Wasted a year of my fiancé and my time doing what we thought we had to do to find out we could have done things better and been together sooner. 

Or, doing lots of research and reading here on Visa Journey could have accomplished the same thing.

 

My point is:  lawyers cannot make the process go faster, or affect an approval vs. denial.  If anything, they seem to create delays, lots of which are documented in these threads.  Most people without criminal records, from low-fraud countries, and with the ability to read and understand forms simply do not need one.

 

Your experience is the exception here, since it is a DIY site.

[Duke & Marie 1,389]

15 hours ago, kiwierin said:

Hi everyone. My girlfriend (US citizen) and I (NZ citizen) are currently living together in NZ. We want to return back to the USA, ideally in mid-2022 and are weighing the benefits of the K-1 vs CR1 route

Background Info:

• I attended high school and university in the states then worked on an H-1B from 2015 - 2020
• I have a SSN, and the total time I was in the USA was 2007 - 2020
• We met in the US early 2019 and have been living in NZ for the past year (I sponsored her partnership visa)
• Keen to return to the US to be near our friends and her family
• Neither of us have US based jobs currently but have sufficient funds to support ourselves upon our return
• We are planning to be engaged within the next few months

 

Based off processing times, it looks like the K-1 route would allow us to enter the USA quicker. However, I wouldn't be able to work for a number of months upon our arrival, whereas if we went the CR1 route, it would take longer to get back to the states, but I could start working immediately. 

 

I have a few questions:

1. If we choose the K-1 route, can we start the process prior to being engaged?
2. Should we be aware of any issues that can pop up when filing for AOS? 
3. Will my girlfriend need to secure a US based job before we move back? 
4. Would you recommend K-1 or CR1?

 

Also shoutout @kiwipete for the format help

 

Thanks and any help is appreciated!

 

Mate, I’d be getting married and going CR1 while you finalise NZ partner visa which also make her eligible to live and work in Aus giving you a world of options down the track 3 birds 1 stone so to speak.. plus the partner visa for nz etc would be great evidence to prove legit marriage as part of CR1 process… what is proof of engagement these days? It’s a commitment and not everyone wears a ring or has a party etc… 

either way, CR1 I think is way better… k1 has at least 12 mth wait for work approval too before and AOS is taking on average 18 mths these days… so pretty much same speed

Edited October 14, 2021 by Duke & Marie

[millefleur 5,035]

**One post removed for condoning visa fraud, which is against the Terms of Service. Reminder that it is illegal to enter the US on a non-immigrant visa with the intent to adjust and stay.**

 

VJ Moderation

[sourumeboshi 61]

On 10/14/2021 at 2:24 PM, Duke & Marie said:

Mate, I’d be getting married and going CR1 while you finalise NZ partner visa which also make her eligible to live and work in Aus giving you a world of options down the track 3 birds 1 stone so to speak.. plus the partner visa for nz etc would be great evidence to prove legit marriage as part of CR1 process… what is proof of engagement these days? It’s a commitment and not everyone wears a ring or has a party etc… 

either way, CR1 I think is way better… k1 has at least 12 mth wait for work approval too before and AOS is taking on average 18 mths these days… so pretty much same speed

Just to jump in here. An NZ partnership visa does NOT mean she can work in Aussie at all. That's incorrect information. 

[Rosalea 22]

You don't need to be engaged for the K1, and if you choose the K1, your gf will need to have a job and earn over a certain amount. She needs to have this DURING the application process. Currently the processing time for a K1 is about 11-15 months start to finsih. You don't need a lawyer, it'll just add to the costs. And AOS takes about a year.

 

I don't know a huge amount about the CR-1 but I do know about the K1 since that's what I'm in the process of applying for. I think both options end up being kinda similar in terms of the processing times, but, I'd probably suggest a K1 otherwise you'd have to rush getting married and then immediately apply for the CR-1 which could look a little dodgy. Depends though. Feel free to ask me any questions!

[Chancy 6,233]

1 hour ago, Rosalea said:

You don't need to be engaged for the K1

 

Maybe you made a typo?  It's the K1 Fiance(e) visa, so being engaged is the primary requirement.

 

[Boiler 43,433]

There are very few circumstances where a K1 makes much sense, that is a subject that has been done to death.

[kiwierin 9]

2 hours ago, Rosalea said:

You don't need to be engaged for the K1, and if you choose the K1, your gf will need to have a job and earn over a certain amount. She needs to have this DURING the application process. Currently the processing time for a K1 is about 11-15 months start to finsih. You don't need a lawyer, it'll just add to the costs. And AOS takes about a year.

 

I don't know a huge amount about the CR-1 but I do know about the K1 since that's what I'm in the process of applying for. I think both options end up being kinda similar in terms of the processing times, but, I'd probably suggest a K1 otherwise you'd have to rush getting married and then immediately apply for the CR-1 which could look a little dodgy. Depends though. Feel free to ask me any questions!

Thanks for the heads up also happy to see other kiwis going through the process! I think we are going to just do the CR-1... I don't want to be stuck in the USA for a whole year without being able to work and just sitting around - sounds like torture to be honest. We are in Auckland at the moment and are just organizing a celebrant to do a small ceremony here in lockdown. There is really no other option since family/friends can't visit or be there with us. Plan is to do a larger ceremony once back in the USA and without these crazy lockdowns. Even without a huge wedding ceremony we should have plenty of proof/evidence for the marriage as we have been living together for 3 years.

[Redro 4,598]

8 hours ago, Rosalea said:

You don't need to be engaged for the K1, and if you choose the K1, your gf will need to have a job and earn over a certain amount. She needs to have this DURING the application process. Currently the processing time for a K1 is about 11-15 months start to finsih. You don't need a lawyer, it'll just add to the costs. And AOS takes about a year.

 

I don't know a huge amount about the CR-1 but I do know about the K1 since that's what I'm in the process of applying for. I think both options end up being kinda similar in terms of the processing times, but, I'd probably suggest a K1 otherwise you'd have to rush getting married and then immediately apply for the CR-1 which could look a little dodgy. Depends though. Feel free to ask me any questions!

Nothing dodgy about getting married and applying for the CR1 immediately after (especially if you lived together before the marriage). Some people in another forum I frequent have married and then filed the petition the day after. 

[Rosalea 22]

Just now, Kor2USA said:

Nothing dodgy about getting married and applying for the CR1 immediately after (especially if you lived together before the marriage). Some people in another forum I frequent have married and then filed the petition the day after. 

Oh yeah true I weirdly forgot about people living together haha. Yeah that looks fine as opposed to being hasty with the K1, which I think is somewhat prone to looking a bit suspish. Or I'm just paranoid!

[mam521 1,723]

On 10/13/2021 at 6:13 PM, kiwierin said:

Yeah I guess us just going to get legally married very quickly after we get engaged was a little bit of a concern but we really don’t have much of a choice… We have plenty of evidence about 3 years worth of a genuine relationship living together/holidays/family/friends etc. Is that really the main thing they look for?
 

If so we will probably get married sooner rather than later as we would like to back sometime next year (According to New Zealand we are considered de-facto which is basically marriage anyway)… Reading a few of the comments looks pretty unlikely to get back that soon but should get started with the process ASAP.

We never formally got engaged.  We just decided one day that instead of going out for lunch, we'd go get our marriage license.  A formal engagement wasn't a "need" for us.  We got married the next weekend.  So, don't stress about the quick turnaround.  Three years of legitimate relationship is a much better haul than a lot of other people manage!  

 

Remember, too, that there are tons of religious families in the US that have a very short courting relationship and get married right away.  It's made a couple of families good network dollars as TLC makes TV shows about them and get good ratings!  

 

As for lockdowns...depending where you are in the US, it's pretty lax.  Definite departure from NZ.  

 

Save the headache, get married, file the CR1 and join us on this side of the pond in about 18 or so months!