sophielas

Thank you

It is nice to have at least this one little bit of certainty! My fingers are crossed for swift processing for us all.

- I'd like to go in March; is that a nice time of year or would October be better?

Agree with above poster, March is a better time, the weather is more likely to be nicer and more settled. October is still cold. If you want to swim in a lake in October in the south island, you better bring a wetsuit.

- Is 10 days enough to cover both the South Island and North Island?

Not remotely. It's enough for a pretty nice (but by no means thorough) tour of one or the other, or a 'highlights' trip of both with lots of internal flights, as suggested above (which would be essential if you wanted to see a lot of good stuff on both islands I think)

- If limited by time and money, which island should we focus on?

Agree with above, like cities, decent coffee and good solid tourist infrastructure? Go North Island. Like cute towns amongst large open unpeopled landscapes with untouched natural SPLENDOUR? Go South Island.

- Any stops we should be sure not to miss?

Kayaking/hiking, Abel Tasman National Park

- Any specific suggestions? We like hiking, I'd love to go kayaking somewhere, and hang out by a beach or a lake for a couple days.

See above points re: weather, if you want to spend time IN the water, and it's October or March, Coromandel or further north is probably your best bet. Everywhere else will be chilly. Otherwise South Island roadtrip all the way (don't bother going as far down as Invercargill).

My 2 cents, for what it's worth (and I am totally biased having been born and raised in the sth island), but yeah, we're based in Nelson at the moment, and it's spectacular. Lots of amazing bike trails, hiking, kayaking etc all around this region. If you want to go feral for a few days, might I suggest Golden Bay. Footwear optional.

Thanks all! Ridiculous, really. I know why it happened too... It's because I just cancelled all my plans to be in the US by October, figuring all this visa stuff was going to take forever. Hehe. Good times...

Probably the first I-130 filer of January 2013 who got a NOA2 already!

http://www.visajourney.com/forums/topic/357465-usc-petitioner-living-abroad/page__view__findpost__p__5954567

Sophielas, congratulations!!!

Thank you! I am still in shock, to be honest. And I feel kind of guilty, as there are others that have been waiting much longer. But, I figure it's one less case cluttering up a desk at USCIS so they can get on to processing the next ones.

That could be one possibility. I'm not entirely sure why USCs living abroad are entitled to the auto-expedite. If someone else could shed some light on this, I would be interested to know.

From what I understand, and I certainly am no expert, this 'expedite' trend is certainly not guaranteed, and it is most certainly not an entitlement. You won't see it written anywhere on USCIS material, it just seems to be happening with many applications (but not all).

They have been phasing out direct consular filing at many overseas embassies which used to be how USC living abroad with spouses went through the process. I would say it's some kind of legacy to do with the fact that many of these applications now have to go through USCIS, but don't get assigned to a field office.

Congrats!

It seems that if the USC is living abroad with the beneficiary they are getting NOA2 really fast. Is there a reason for this?

No reason, certainly not confirmed by USCIS, but unmistakable trend with *some* but not all VJer who are filing from abroad. Seems like it's likely, but not certain.

^^ Yes yes. Im assuming that the OPs husbands knows how to properly report his business income. When you file self employment income you use the schedule C, you list your profits, you deduct your expenses and the final figure is your 'income'. It goes on line 22. Its gross income minus business expenses. So every time above when I refer to 'business income' Im referring to that. The gross minus business expenses. NOT the amount before you deduct expenses. (it can make a huge difference in amounts)

Ty for pointing that out Kay.

Sorry for slow reply. Thank you so much for this Capri, it has helped me from potentially falling into a bit of a hole. We are def going down co-sponsorship route now.

Congratulations ! Whatcha cooking, to celebrate?

Some administrivia -

please change yer petition type over at http://www.visajourney.com/timeline/profile.php?id=143375

knocking off the DCF designation.

Whoops. Done, thanks for that.

Gosh, still in shock here... I think no matter what I cook it's going to taste AMAZING tonight.

1. Country USC resides in: New Zealand

2. Is there a USCIS field office in this country / Is DCF still possible? No

3. When did you file the I-130: Jan 3, 2013

4. How long had you been living abroad: 4.5 months

5. Do you reside in the country legally? Yes

6. What is the reason for your residence: work permit/student/tourist/other - Extended tourist visa (not even an actual resident visa, although since filing we changed NZ visa status)

7. Did you list your foreign address on all forms in I-130 package? Yes.

8. Did you send I-130 package from abroad? Yes

9. Did you include evidence of your residence abroad in the I-130 package? Yes, joint lease, utilities etc.

10. Did you mention the fact you reside abroad in the cover letter or write a letter describing your current situation and the evolution of your relationship with your spouse (mentioning your residence abroad)? Yes, explained USC in NZ on extended visitors visa and would stay in NZ until we could both go back to USA together

11. Has your case been "auto-expedited"? How long between NOA1 and NOA2? Yes, 28 days, insane!

We got our NOA 2 approved 31 Jan! Still in shock. So I am guessing the petition never left NBC as the USC is out of the US.

Baffling, we were preparing for many months of wait. I'm so sorry to all still waiting in 'initial review', but I hope that this gives you hope that they are doing something...

Um, so, I got an email when I woke up this morning telling me that our I-130 petition has been approved on the 31 January.

They received it on 3 January. That's 28 days from receipt to approval. What the... I practically choked on my coffee in disbelief.

SO I would suggest (as we made it quite clear on our packet that the USC is residing in NZ here with me) that the mysterious 'auto expedite' for USC living abroad is still happening at NBC. That, are I just got the world's most efficient staffer on our case.

Either way, I am very thankful, bemused, and have my faith restored in this part of the system. I am sure we will be stuck at NVC forever, as we need co-sponsor and to prove US domicile, but that's another post.

Today is a happy day for us.

Yup - it's definitely scary and on the day of my interview I was terrified, but all in all it's not as bad as people make out and you have nothing to hide (and I hate to say it - it's pretty clear around some areas of this forum you will find that some people DO and that's why they're worried!). NZ is of course probably one of the lowest countries at risk for fraud so the process is the same for everyone else because it has to be, but everything is pretty chill.

I did my medical once I had a date, but I'm pretty sure you can do it as soon as you have your ACK number as that's all they need at the medical stage. I chose to fly up and do mine in Auckland because the Christchurch and Wellington doctors were male and they do a physical, but if you're not ridiculously shy about your body like me then it's pretty harmless (no smears or anything like that). You'll get the forms that you need filled out at the doctor with packet 3, with a list of the doctors.

You will get this form with packet 3 - http://travel.state.gov/pdf/pk3_supplements/ACK-PK3-ENGL-0001-1203.pdf You will fill that out and send it back to them. It's all done out of your sight once you've completed that form.

Thank you, you've made me feel much better. There does not seem to be too many kiwis on this site, so it's really great to hear about your experience dealing with Auckland.

I am so grateful NZ is a low fraud country, even though I have nothing to hide, I still get worried that someone might think that I do (this is probably why I always freak out going through customs and immigration anywhere). The last time I went to the states it was on VWP (before any of this immigration stuff), but I had just quit my job in NZ and was entering for a long visit so got hauled off into a little interrogation room to make sure I was telling the truth.. They let me in and I get why that happened now, but I didn't at the time, I was so naive! So now I am just generally quite scared that someone somewhere will not like the look of me and that someone gets to have final decision on whether or not I can be with my husband. Gulp.

So! I will try and be as prepared as I can be, so there are no nasty surprises.

Thanks for the medical info, I didn't realise Wellington was an option, that's helpful to know. I have no shame, male doctors can do their worst. I am well experienced in being a medical piece of meat, so to speak. Thanks also for clarifying the police process, it's weird that NZ does that differently.

Welcome to the immigration process!

<Insert something about a head and a brick wall.>

Hey hun,

I've been in the USA for a month now.

The Auckland embassy are wonderful to deal with and things go quickly - especially if you have everything prepared to go and get in touch with their immigrant visa section when you get close to the end and hassle them for an earlier appointment

Good luck! Nothing is certain, but you will easily be in the USA by October unless something crazy happens!

Thank you for the encouragement! I hope the US is treating you well.

I am really glad to hear the Auckland embassy is good, I generally find embassies quite scary. I will get in touch with them once we get to the NVC stage I think.

Also, what is the deal with the police check in the process? I realise that that needs to be done by the embassy, but when do they do that? After they get the stuff from NVC?

Also also, medical? Do I have to wait to be advised by the embassy to do that? That has to be in Auck or Chch right?

I really hope you are right about October, trying to be as on top of the application as I an be!

Many thanks

Get your brother to co-sponsor, it'll be much simpler than gathering all the proof you'll need so that they'll accept him as the sole sponsor. Why wait and see if they'll send an RFE? Cover your bases and get a co-sponsor.

Hrmm, thank you for your reply. You may be right, I shall look into how much info we need for him to be a co-sponsor. I guess I was just trying to assess how much of a risk it was to file without one... But from what I have read, the answer appears to be 'how long is a piece of string?'

When you say 'he meets the requirements' what exactly do you mean? Does he just meet the requirements or does he exceed the requirements? Theres a difference. Does his last 3 tax returns just squeak by or does he easily surpass the requirements?

To meet the requirements of the 864 the USC must show they have STABLE US based earnings. Since he is self-employed he is going to have to write his own letter of employment. In it he is going to have to describe his business. (freelance, works on the internet for various US clients doing whatever) Do NOT say- "now he is just working job to job, for various clients, on various small contracts which are generally only a month or two of work at a time." Do NOT say "he may or may not have a long term contract going/lined up, and most likely no 'permanent' job offer" DO say "There is not going to be an issue with him finding work,"

So if you can show he has stable earnings, because his tax returns are consistently above the guidelines and his letter is strongly written- then he will qualify.

If your 864 does not qualify they will RFE you and tell you, so you could submit you co-sponsor at that point.

Thank you Capri, this is much appreciated feedback.

To clarify our situation, up until June 2012 my husband was earning a salary at a permanent job in the US. He was working at that job for several years, earning a very good income well in excess of 125% of the poverty level. Since then, he has been working as a freelance contractor for different clients (remotely, so as to be in NZ with me), so the 2012 tax year will be the first tax year he files as self-employed (however the first half of the year he was on salary). The sum of all income for the 2012 year will also be well in excess of 125% of the poverty level.

My concern is proving 'the future' earnings, and I take your point about writing a strongly worded letter, thank you. I suppose I am wondering if solid earnings in the recent past is enough evidence of stable US based earning prospects. While we know he will not have a problem obtaining clients and earning $, I am curious whether they will take our word for it. Particularly given his relatively recent foray into self-employment. If there's any chance of an RFE for that, I'd rather just do co-sponsorship in the first instance... But I don't know if I am being excessive given we don't actually *need* a co-sponsor to meet the $ level. Just proof, if that makes sense...

If you put that he is living in New Zealand with you, be prepared to show that he is only there temporarily and has maintained domicile in America.

If it were me, I'd go for the co-sponsor. Perhaps you can research it more on the forum, but you'll need to prove his steady income that is at 125% or above of the poverty level and will definitely continue upon his return to America. How one does that with self-employment is best left to others to describe, I think.

Hi Nola, thanks for your reply. I am slightly worried about showing he is here temporarily. He has maintained a domicile in the US in so much as his possessions, clients, bank accounts, forwarding address remain there. But he has been signed on to a lease in NZ here with me while we wait out this process. So I am not sure yet how to tackle that aspect. He certainly is not here indefinitely. His visa has an expiry date on it.

Thanks for your thoughts on co-sponsor, I do need to get my head around what the self-employed situation is.

Hello!

Posting to see if any other kiwis are out there who have just filed for CR1 visas?

Me (Kiwi) and Hub (USC) live in NZ - he's here on a temp visa.

We mailed our petition from NZ yesterday, expect it to get to USCIS early Jan, and REALLY HOPE to be in USA by October 2013.

Sing out if you are in a similar position!

Ok, I guess not! Any KIWIS at all out there? Anyone? I'd love some NZ buddies stuck in this visa waiting game.

(no offense to all my Australian friends...)

Hello,

We have submitted our I-130 and now I am trying to figure out what we need to prepare for NVC. I am confused about the financial sponsorship, and I hope VJers may have some advice for us!

Our situation is that my husband (the USC) is currently living with me in New Zealand. He arrived on a temp visitor visa, then changed to a temp work visa. He is working freelance, works on the internet and has continued to work for various US clients while being here. He has filed all his US tax returns over previous years meeting the income requirement for sponsorship BUT now he is just working job to job, for various clients, on various small contracts which are generally only a month or two of work at a time. At the time that we hope to return to the US (hopefully later this year), he may or may not have a long term contract going/lined up, and most likely no 'permanent' job offer. Is that going to be a problem for him showing sponsorship of me? What is the situation for freelancers/self-employed? There is not going to be an issue with him finding work, but I am afraid there might be an issue with that being acceptable enough for this sponsorship requirement.

I also have a brother in US who is happy to be a co-sponsor if required, so I am wondering whether I should pre-emptively take him up on that offer... I don't want that extra hassle if isn't not required, but what do you think?

Also, sidenote, domicile in NZ... The USC is here in NZ on temp visas, clearly continuing to work for US clients while over here, keeping bank accounts in the US, all his stuff is in storage in the US, we are hoping this is enough to prove that he is actually only here temporarily and we won't have to prove the 'intent to re-establish domicile'. ...does that sound ok?

Thanks for the advice!

Hello all! We filed out petition from abroad, received NOA1 on 3rd January with an MSC number. Surprisingly, our case showed up online right away, and now we sit in the no man's land of initial review....

Fingers crossed for swift processing for us all.

Initial review stinks

I'm ok with initial review today. If it's still in initial review in, say, 4 months time, I will be less happy.

My company applied for a rush UK Tier 2 work visa for me (my passport with the previous visa was stolen before a trip) and from the day the UK received my paperwork, it took eight business days for the visa to be in my hand. Now my company has preferred status, we worked with a lawyer, and we paid an expedite fee, but eight days? We would all be ecstatic if our properly filed I-130s were approved in eight weeks, and our visas in our hands a month after that.

Yup. It's kind of... Insane.

I've had people say to me "oh but, if you're married to a US citizen don't you just automatically get a green card?". That's my favourite.

Hello all! We filed out petition from abroad, received NOA1 on 3rd January with an MSC number. Surprisingly, our case showed up online right away, and now we sit in the no man's land of initial review....

Fingers crossed for swift processing for us all.

First of all, I would like to say that writing to your elected representatives is ALWAYS a great idea! They are elected to serve you, and they need to hear from the people loud and clear what the issues are. It's very important, and we should never forget it. Don't ever be complacent and accept the status quo if it is broken.

Secondly, there is so much emotion here, it's heartbreaking. I know how horrifying and criminal the concept that a government (any government) can have the final say on whether or not you can be with your loved ones. And everyone in this community feels that too. We are all just trying hard to get to the next stage of living our lives with our families. And it's hard. And challenging. And frustrating.

I also think it is very important that the US is taking steps to address the (huge and not going away) legacy of illegal immigrants living without rights and without paying taxes in the US. I believe that giving these people an avenue to legitimacy is a basic human right. Not to mention, once they are legally resident and able to contribute to the US coffers, there is more money to CHANGE THE SYSTEM.

This is the real issue as I see it. There is too much work, and not enough resource. I don't believe it has to be this way. This is what you should be writing to your representatives about.

I am lucky enough to have my husband living with me in NZ at the moment while we wait for the US to process my visa. He applied for a NZ work visa on the basis of our marriage, so he could stay in NZ with me while we wait for the US. It took the New Zealand government five days to approve his visa from the day they received it. Five days. Obviously this is a slightly ridiculous comparison because NZ is tiny, and the US is huge (and for many other reasons) - but - the point I am trying to make is that how long this takes is about expectations, resources, and what citizens are willing to out put up with.

If the US government were to spend, say 5% less on military spending for 2013, and reallocte that resource to relieve workloads for immigration petitions, then we'd see some radical changes.

You are the people. You demand the changes!

Hello!

Posting to see if any other kiwis are out there who have just filed for CR1 visas?

Me (Kiwi) and Hub (USC) live in NZ - he's here on a temp visa.

We mailed our petition from NZ yesterday, expect it to get to USCIS early Jan, and REALLY HOPE to be in USA by October 2013.

Sing out if you are in a similar position!

Hello,

Thank you for all the information and advice. It's all useful. I think I will save logs for the interview. Yes, I am fairly sure NZ is low-fraud, so that is at least a help for us.

Shame about no more expedite. I am really hoping we can get through before husband (USC) NZ visa expires next year! And have our October celebration in US. Loathe to push it back, as aging relatives are involved. We can but hope, I suppose.

Will submit I-130 as described this weekend, so hopefully arrives in the USA to greet USCIS staff after their holiday break.

Fingers crossed!