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US Immigration from New Zealand





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Staying in the USA on B1 while CR-1 in process?
3:29 pm September 7, 2021

MarksMate



Read 832 Times
7 Replies



Hi all,

Not my case but asking for a family member.

They have been together a year.
She has been on a 10yr B-1 tourist visa in America for almost 6 months, which is the time allocated to her, her 6 months will expire in October and they plan to marry end of September and file for the marriage CR-1 marriage visa.

She does not want to return to Thailand at the moment due to Covid lockdowns.


The question is, can she stay in the USA while her application is pending.



 
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How long til we get the NOA1?
2:00 am September 5, 2021

Rosalea



Read 491 Times
3 Replies



Hi all!

We just sent our I-129F petition yesterday, and I was wondering how long I should expect to wait to get the NOA1? I'm thinking it'll take about a month. Also how do you get notified? Via the email that was put on the G-1145?

Let me know!



 
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Previous H-1B, married in NZ and returning to the US, have a few questions
8:14 am September 4, 2021

kiwipete

Kiwipete

Read 681 Times
8 Replies



Hi everyone. My wife and I are just starting the application process and very happy to have found this community. I've done a fair amount of searching through the forums, so apologise if these are answered in other places.

Background:

  • I was previously working in the US on an H-1B from 2012 - 2017 as a software developer.
  • My wife's a US Citizen by birth. We met in the US in 2013.
  • We moved to NZ (I was a sponsor for her partner permanent resident visa) and got married in Jan 2019 (2 years, 8 months ago).
  • We have one dependent who's 5 months old. Neither of us have been married previously.
  • We're keen to return to the US to be near family, and about to start the Green Card application process.
  • Neither of us have US income but should have sufficient assets. If not, our family in the US have offered to be a joint sponsor.

I have a few questions:

  1. We were just about to buy a house in NZ before deciding to return to the US. If we went through with this (approx. March, when my wife's maternity leave ends) would it have any impact on proving intent to establish domicile? My wife's continued to vote, kept a bank account and credit card open. We both have 401k accounts in the US.
  2. Are there any other gotchas around having been previously in the US on an H-1B, then leaving, then applying to return?
  3. One option would be to apply for a role with a US company with a NZ office, then transfer internally. I feel like this could be a slower approach, and relies on the company to be willing to do this. It could have the advantage of them covering visa and relo costs. Is this is a common path worth pursuing, or better to go with a more solid plan of sorting out the green card ourselves?
  4. Is our case sufficiently simple that we should be able to figure it out ourselves, or should we get in touch with an immigration lawyer?

Thanks for any advice you're willing to give :)



 
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'Being Actively Reviewed'
6:09 am August 25, 2021

Sammy.NZ

Sammy.NZ

Read 3576 Times
14 Replies



Our I-130 has been on the "Being actively reviewed" status for nearly 5 months now ?!? Can someone tell me if this is normal? Most comments I've seen people seem to get approved shortly after their account changes from "Received" to "Case Being Actively Reviewed" - should I be worried ? Someone ease my mind if you're dealing with the same thing.

Cheers



 
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Joint Sponsor hasn't filed taxes for 2020 yet, but has an extension. Can they still file I-864 with proof of extension and their 2019 tax return?
7:42 am August 18, 2021

ztiberiusd

Ztiberiusd

Read 2288 Times
3 Replies



I've seen this topic discussed in a couple threads on here, but responses seem to vary so I thought I'd try to get some more up-to-date information.

I managed to arrange a Joint Sponsor for our case, but they haven't filed taxes for 2020 yet. She told me that her accountant is still working on them and has an extension from the IRS until October 1st. They own a business so it takes a while. Obviously this prevents us from submitting the I-864 with her most recent tax return as she won't have a copy of it yet.

I suggested that in lieu of the most recent tax return, I could send her full tax return from 2019 as well as proof that the extension was filed with the IRS (copy of form 4868) and a copy of her W-2s from 2020. Then, in October when she has a copy of her full 2020 tax return, I can either add that to the case at NVC or have my wife bring it to the visa interview. I would attach a cover letter to the initial I-864 package to NVC that explained the delayed 2020 tax return and that we would attach it as soon as possible.

Obviously I would also have the pay stubs, and this person earns well above the income requirement and has done for 2016, 17, 18, 19 and 20, so there's plenty of evidence of income.

I suppose the alternative is to wait until October and file everything with NVC then, but understandably I'd much rather get this done ASAP.

Any advice is greatly appreciated.



 
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