Kiwi & Me

People only get the stamp if they never recieved an extension letter or if the extension letter is about to about to expire. I went and got the stamp due to no extension letter in the mail. But you should be all good!

How does getting a stamp if you never received an extension letter work?

My wife and I realized today, while she was getting her driver's license renewed, that her green card was set to expire at the end of the week. I'd already been working on the I-751 package, and we got it in the mail today, but the DMV won't renew her driver's license until they have proof of the extension.

I realize that we'll probably get the letter in the mail in a couple weeks, but since she doesn't really want to drive to work on an expired license, is there any way to get the local USCIS office to give her something in the meantime (i.e. a stamp like mentioned above) so she can get her driver's license renewed?

Yeah, I know we should have just gotten it in before now, but the expiration date kinda snuck up on us...we just bought our first house together (Yay!), then had it broken into (boo!), and the anniversary/expiration date kinda snuck up on us while everything else was going on.

Thanks for the help!

I made it!

I know how happy I was when I found this topic too.

The trip to LAX was terrible.

I cant sleep on planes at the best of times, let alone when I'm about to be facing the demon that is L.A immigration.

It all went fine, actually. As per usual, I had worried myself into a state of complete hopelessness.

The line was huge when we finally all got off the plane. There were two officers for the visitors line and two for citizens, so they were stretched and rushed (which, in hindsight, probably helped).

As I was standing in line, I began to feel a whole lot better. The two men processing visitors were very friendly. There was laughing, explaining if anything was out of place and it wasn't an especially tense atmosphere.

My husband and I have somewhat of an involved immigration story and I was really worried about having to get into it. The only reason I could see I would have to explain it all, was the fiance visa we abandoned back in October showing up on my passport.

It obviously didnt show up, because all he asked was if I was conducting any business while in the States and when I replied no, what the purpose of my trip was.

I said I was on a vacation to visit family and friends.

He stamped everything, took some finger scan thingees and asked how long I was staying. I was a bit worried about this question too, as wed stretched it about as far as we could (80 days) without looking too suspicious.

I replied 80 days.

He was friendly and efficient.

I definitely worried too much, but I have a huge fear of uncertainty and the unknown, probably more than anything else, so I guess I couldn't have helped it anyways!

I think LAX is one of the best POE's for this as its so busy, Daniel/Lu

Because my husband and I didn't technically have a visa in process when I arrived, I felt it'd be ok to dodge the immigration conversation and just say I was visiting family and friends.

If I was in your situation, Id probably say I was visiting my fiance, just to be on the safe side.

I honestly don't think they'll blink an eye at it.

Maybe have a letter from an employer or something similar to show you do actually wanna go home. May make you feel better to have it for back up too.

Besides, if they get snooty about it, just tell them itd be foolish of you to overstay when youre so close to being with your fiance the legal way. (What reasonable person couldn't agree with that.)

Just be very calm, honest and smile! Immigration officers are just people too...

I'm very certain you wont have any problems.

Dont spend all your time worrying like I have! (Though I know you cant help it).

Have an excellent trip!

Let me know if you need anything

<3

I found the perfect topic!!!

I will start my K1 process in march and will be visiting my fiancee a USC in may...

I am just like Hannah....I worry TOO much!!! And this trip is really driving me crazy! I have a tourist visas and hope I don´t have any problems at the immigration in LA.

Hannah!!! Did you get there yet??? I am so curious!!

Hannah's on her way right now. She leaves Auckland for Los Angeles in a few hours, and will arrive at the POE sometime tomorrow afternoon (Eastern USA time).

Please keep your fingers crossed.

I am expecting news today so I will inform you what's going on,but I think I solely depends on the Consulate.

In that today is President's Day (a Federal holiday) here in the US, I'm not expecting much in the way of news today.

I had originally filed an I-129f for my fiancee, but later we changed plans, intending to go the DCF route and obtain a CR-1 for her to enter the country after we married. As a result, we abandoned the previously-filed 129f.

Recently DCF has taken a hit, and I'm wondering if it's possible to switch the I-129f we filed for a K-1 visa over to a K-3 visa now that we're married.

Has anyone had any experience with this?

Aneta, thats terrible.

Im sure its not impossible. My husband spoke to USCIS in America after wed decided to get married, to see how wed go about withdrawing our Fiance visa. There was a way to do it, though Im not sure what that was. (Ill ask him).

If you change your mind about a visa, Im sure they couldnt prevent you from withdrawing your application.

(<--- Hannah07's husband)

USCIS told me to send back the RFE we had received with a signed letter stating that I wanted to withdraw my petition. Shouldn't take much.

I just spoke with the very helpful lady who we spoke with in the Auckland consulate last week. According to her, there are still negotiations about this whole DCF issue, and that they were told to let people know it will probably be an additional week before anything is finalized.

Sorry I can't offer more information, but I hope this little bit helps.

Goigous,

Thanks for the update! As Hannah07's other half, I'm very happy to hear this for both of us!

HOWEVER, where I draw the line is when posters don't use some critical reasoning skills to think through matters before asking questions. The K-1 Visa is a fiancee visa, and you two admit to understanding that part. If you do, then where's the confusion? If you two get married, who is the fiance? How do a married person enter on a fiance vias then? Just because your plans changed, the K-1 visa adapts for you? If that's the case, why doesn't everyone "change" their plans so they can enter on a K-1 visa as well? Some critical reasoning would have yielded you the answer. Most likely it can't be done or others would be doing it as well.

I swear, it's like talking to a brick wall...

YES...we understand what a fiance(e) visa is for. With our original plans, that was appropriate. Now, it apparently isn't. There were two points to my original question:

1) To find out what portion of the conditions for the visa make it specific for a fiance (thus (hopefully) finding any loopholes that may exist). This information isn't in the guides (or if it is, it's not easily found).

2) To seek advice from others who have changed their plans after originally submitting a 129F.

I understand that it wouldn't be what a K-1 is intended for, but, visas aside, as it doesn't make much sense that USCIS would allow someone to enter as a fiance(e), but not let the same person enter as a spouse, I was wondering if there was perhaps some technicality that would allow us to continue to use the K-1.

As for why others wouldn't "change" to a K-1 for the same reasons, I didn't realize (and still don't know how) that the K-1 would be advantageous in that regard. What would you gain by applying for a K-1 for a spouse?

You two keep on harping on this "our plans changed" factor. SO WHAT! Everyone's plans change all the time. Does that change the rules from the government? NO. Everything remained constant on the part of the US government. The rules applied equally for when you considered applying the K-1 visa to when you considered DCF. Only thing changed is that you want to get married in NZ now. So obviously you have to apply for another kind of visa. That should be clear as day, even without any FAQ. It's called critical reasoning skills and it's massively lacking on this website!

Before I even asked the question, I was pretty sure that we were going to have to re-apply. I just wanted to check with the people here who seem to know the process better to make sure this was the case, or to see if there was perhaps some alternative of which I wasn't aware. It was "critical reasoning" that made me ask the question. I wanted to be sure that the 129F was now a dead-end before going ahead and canceling it, only to (potentially) find out later that there was something else that could have been done.

the OPs want us to hand all their answers on a silver platter, and that won't happen! You will get (maybe right, maybe not) answers here, but the bottom line is, DO YOUR OWN RESEARCH.

Research is fine for general, and fairly common questions. I was (trying) to ask about what I felt was a fairly specific aspect of the K-1. That's what forums are for...specific questions. If everything could be answered by FAQs and guides, there would be no point to the forums.

And PS: Kiwi fiance - I (and others) tried to help your fiance & you guys don't seem to get that. Geez. Get over yourselves and read some guides.

Others did help, and I thanked them for it. You seemed more interested in getting in a pissing contest, then became self-righteous the one time I responded in the same manner as you had been responding to me for several posts.

Once again...to all those who did offer help and advice on this topic - thank you! Your input was greatly appreciated.

Sometimes the filing of the I-130 (done in person by the USC) is called "an interview". Glancing at purpletruck's story, they had present the visa app forms and the iinterview was a combined I-130 filing and visa interview. The USC must be there for the I-130, does not need to be there for the visa interview. If it all happens in one day, well, you can figure that out.

I was just looking at your guide, and I'm a little confused about something.

Is there anything you need to do before you can get an interview? Is there any paperwork you need to submit? I'm sure we'll be calling the Auckland consulate to clarify all this, just from reading purpletruck's post, I thought I had to be there at the end of the process, and now it looks like you're telling me I need to be there at the beginning. Or is it just that NZ is -that- accomodating?

And, I recall that NZ is VERY accomodating to couples and their travel plans. I suggest that you get in touch with them as soon as you have a grasp on the process so you can get the details from them. They are very used to doing this type of case, and will help you with the timelines. There is very little chance of delay or denial from a straightforward newlywed case.

Good to know!

You can have everything except the marriage certificate in hand before you even go there for the wedding. Especially the I-864; have that prepared with documents from the US. Note that the I-864 and rules changed in July 06--it is easier now, so don't confuse yourself with old instructions.

So it's possible to get the packet formerly known as "3" before submitting the I-130 (as this has the checklist of required documents, correct)?

I'll be looking into DCF a whole lot more now that I know this is the way to proceed. Thanks for the info!

AND AND AND

Air New Zealand has some WICKED deals from America right now!!!! Look at their website! I got a ticket OVER XMAS - peak season - for only 1600...it's under 1000 for non peak!

I was just looking at that today. We're having the wedding on February 3rd, which means that if I want to be there even a day before the wedding, I have to fly there in peak season. $1600 isn't bad, but it's not as good as the $1000 I paid to go there last week. I just feel bad for the friends and family who will be coming over for the wedding.

You might also like to contact sadie33138 who did DCF in NZ not too long ago.

Thanks for the idea! I probably will now that I know we'll be filing this way.

I think you'd recommended DCF for us before, I just didn't think we'd be changing our wedding plans. But..I guess very little is set in stone.

gods, what is UP around here lately? Everyone's so grumpy.

OK, Kiwi people.

You are *only* one month and $170 into a *petition* process---pull the plug. That petition is to establish the same things that the I-130 is (your citizenship and your relationship to the benficiary). What you have already done (filing I-129f) is of no use to a spousal process. Let it go and be happy You are getting a MUCH better reward.

Yup...the DCF process sounds much better in a lot of ways. My only concern about it is that the New Zealand consulate requires me to be there for the interview, and the next time I'll be there is for the wedding. I'm just a little concerned about getting the visa squared away while I'm there to get married, and what happens to flights and such if there's some issue with getting the visa (flight to and from New Zealand aren't exactly cheap).

You've gathered the info, you've learned some valuable info, you have an idea of the immigration process ---these are all things you *will* take away from your current filing experience.

Good point...also all the nitpicky details that go with filling out these forms.

You don't need to cancel your I-129f; getting married will invalidate it. As you've just filed, you could wait until your deed is done to 'formally' cancel by writing to your Service Center. This pulls your file out of the queue, potentially clearing some work for them.

And with the backup in the queue, that's not necessarily such a bad thing. I just don't want our change in plans to have any negative effect when we apply for the CR-1 (see...learning the new terminology already )

You can read in the DCf Forum for info--there is a US/kiwi couple who are already here with the K-1 and want to go back for the IV instead, so you're not alone! There are also some good recent experiences posted.

Yup...saw those already...in fact, they were a deciding factor in changing our wedding plans. New Zealand makes the DCF process very easy (I, the USC, don't even need to be an NZ resident to go through the DCF process, which I understand is unusual). Like I said before, I'm just a little concerned about the timing and flights and such. It would be horrible to get married, go to the interview for the CR-1, and then find out we were denied for some reason, then have to fly back to the US alone.

PS: you are not applying for a K-3 via DCF---the visa is an Immigrant Visa, class CR-1. Read thru the DCF Guide a couple of times--it takes awhile for all the new terms to make sense.

Thanks for the clarification. I was looking here: http://www.visajourney.com/forums/index.ph...mp;page=compare and it wasn't especially clear about whether the DCF was a K-3 or a CR-1.

And thanks for the helpful, FRIENDLY response!

[From the guides:

1- There is an initial “interview” where the USC and the foreign spouse appear to submit the I-130 and its attachments. Some Consulates accept these materials by mail, courier or in person with an appointment or only on specific days. Check the website of your Consulate for tips OR contact them directly to inquire. For a list of members' cover letters for I-130 and visa applications, please read this thread (and contribute your finished product!)

4- The foreign spouse has the final interview. The US citizen spouse does NOT have to be present at the final interview. When all name checks are cleared, the Machine Readable Immigrant Visa (MRIV) is glued into the immigrant’s passport. Expect delays of one to ‘some’ days for visa issuance after a successful interview. This delay seems to be the new norm.

And then these is the ENTIRE forum about DCF where that search button might come in handy:

http://www.visajourney.com/forums/index.php?showforum=82

Or, you could use that search button you are so quick to point out yourself (and which I had already used to find out the specifics for DCF at the Auckland consulate):

http://www.visajourney.com/forums/index.php?showtopic=460

Quoting:

Luckily, New Zealand allows USC's not living in NZ to do DCF. The stipulations were that we 1) had to be married in NZ (should check on this for your country) and 2) I, the USC, had to be there at the "Interview" with him after we were married. I called the US consulate there myself and they said, yes, this was all true but to have my fiance call and request the forms to be mailed to him.

If you're going to point out my lack of reading the available information, you should do some research yourself.

It's not hostility. VJ has excellent guides which explain ALL immigration processes in DETAIL. Before you write a post here, it says in 20 pt type:

Please consider reading the FAQ's and Guides before posting.

When someone comes on here and posts a question that is very easily answered in the guides, it becomes very tedious to other VJers. I spend time searching for related posts before I add a Q on here. It's respect to VJ members & so I don't waste other people's time.

All good points, except that I still can't find the answer to my question in the guides (and as such, it isn't "very easily answered" by them). Yes, I understand the difference between a K-1 and a K-3, and were I starting over again (which it appears as though I am), I know which I'd need to file. But as our plans have changed. I was hoping there was a way to use the K-1 that we'd already applied for as opposed to the DCF as New Zealand requires me to be there for the interview if we're going through DCF, and that kinda worries me since we won't be able to have the interview until a few days before we're supposed to come back to the US together. As there's no guarantee we'll get the visa (I have no reason to think we won't, but there's always that possibility), and since I wouldn't have to be there for the interview for a K-1, I was hoping that was still a possibility.

It's a nuance that (I believe) isn't particularly well covered in the guides. If you can point out where, I'd be happy to see it.

Okay, Your not married yet! I would follow through with your original plan with the K-1 Visa, It's started with your I-129f petition, It would not complicate the process more, But waiting for the cancellation then doing DCF would be much more time consuming, I would advise just to be patient and let the K-1 flow

Good luck

That's what I'd kinda prefer to do, but as we now want to get married in New Zealand, the K-1 apparently isn't an option anymore. Basically, when we announced our engagement and our plans to get married in the US, my fiancee's family wasn't too happy with that and convinced us to have the wedding there. It's fine as now we'll have an actual wedding ceremony (as opposed to being married by a judge in a courthouse), but it just changes things around.

Thanks for the input, though!

To enter on the K-1, she has to be free to marry. She's not 'free to marry' if she's already married, even if that marriage is to you.

Ahh...that's the catch. Thanks!

Didn't you do any research before you filed? I sure as heck checked out DCF but it's not possible for me.

Then I filed.

Why the hostility, Devilette? Did I kick your dog or something?

I did some research, mostly on official government sites, before filing, but didn't find VJ (and as a result, DCF) until after reciving my NOA1. And, as I said several times before, our plans have changed since we filed, so even if I -did- know about DCF, that wouldn't have been the path we chose.

Jeez..I'm sorry for interrupting the never-ending announcements of NOA2s and corresponding congratulations with an actual question or two.

First off, thanks for the replies...

For all those who have said to read the guides, even after doing so, I can't find an answer to my question. Perhaps I'm not reading the correct one, but regardless, the answer isn't especially obvious. Hence why I asked my question.

roi_aggie: Yes...I understand what a fiance(e) visa is for, and as I pointed out in my original post, our wedding plans have changed. I'm just wondering that since we're already a month (and $170) into the 129F process, if we can avoid having to go through another visa process simply because some of our plans have changed.

Michellek1976: That was someone else. Similar case, but that person was already in the US as opposed to our case where my fiancee is not (yet). Thanks for the reference, though.

Endtroducing10: Agreed about not making things more complicated than they need to be...that's the whole reason for this post. But, since submitting the 129F (still waiting on that approval, and as such, haven't started the K-1 yet) , we've decided to have the wedding in New Zealand instead of the US, and unfortunately, that complicates things.

Alex+R: I've heard nothing but good things about DCF (particularly in relation to New Zealand where the approval time appears to be only a couple weeks), but if there was a way to get the 129F/K-1 to work, since we're already part of the way down that path, I was just curious if that's a possibility.

Followup question (and yes, I checked the guides and didn't see anything): Since it looks like we're switching to DCF, how should I go about canceling my 129F petition, particularly since I don't want it to look like we're not interested in getting married anymore (but rather, we want to get married in New Zealand)? I just don't want a canceled 129F to be a strike against us when we apply for the K3 through DCF.

Thanks again for any input.

I'm back from New Zealand and proposing to Miss Kiwi, and it looks like we're changing our wedding plans some. Originally we had planned on having her come to the US on a K-1 Visa and getting married here, but now it looks like we'll be getting married in New Zealand. On the plus side, this lets us go through the DCF process, which is much quicker, but at the same time, it makes everything we've done so far invalid. Or does it?

Can someone enter the US on a K-1 visa after they've been married? Do they just apply for the AOS after arriving in the US, then? Does anyone have any experience with this?

Thanks!

Kiwi & Me,

A short (very short) engagement is out of the question? You can always have the fancy ceremony later.

We'd talked about it, and felt that might be a little too rushed. I think Kiwi just wants to get married in Vegas by Elvis, with a more formal ceremony later.

Hi all, just got the approval email today...total time from USCIS receipt to approval 76 days!...hope the remaining process goes by fast...FYI...application submitted to Calif Center.

Congrats to my fellow Kiwi petitioner! Good luck on the remainder of the process. :

If you don't have an approved petition yet, recognize that much of your other financial documentation (and maybe even the I-134 itself) may be stale, and will have to be updated, by the time the visa interview happens.

Good point...still, it can't hurt to have some of those things there. Guess we'll see.

Thanks for the reply!

I realise you have just petitioned using the I-129F, but had you looked into DCF (direct consular filing) for NZ? Especially as you are travelling there.

I'd heard that DCF was pretty quick. Unfortunately, we're not married yet. (In fact...the whole reason I'm going is to propose). So...unless there's a way to process an I-129F through DCF, I don't see how that would work.

Thanks for the idea, though.

Most consulates require I-134, I checked the NZ consulate site and reviews here and don't see much.

Me too. Was just hoping one of the Kiwis might see this and pass on the info.

You can prepare both and bring them both, they both use the same documentary evidence. The I-134 needs to be notarized.

That was pretty much my plan if I didn't see a more difinitive answer.

Thanks for the feedback, everyone!

I'm leaving for New Zealand tomorrow, and though my I-129F petition has not yet been approved, I wanted to bring as many of the documents my fiancee (Kiwi) will require when applying for her K1 visa.

So...

First off, which affidavit of support do I use? I-864 or I-134? Does this vary by consulate? What are the differences?

Also, I read about the affidavit needing to be notarized, but I don't see any space specifically for this on the I-864 form. I don't have a copy of the I-134 in front of me to see if there's a space on that form.

I've printed out copies of my last 3 years income tax returns, and they're all below the poverty limit (mainly because I was a student), but I also have a letter from my current employer showing my salary as roughly 3 times the poverty limit. Can I expect any trouble here?

Any other advice anyone has would be greatly appreciated.

Thanks!

Just wanted to add my congrats to all those fortunate enough to be receiving their approvals. Hopefully this is good news for some of the more overdue approvals.

i paid a attorney but after coming to this sight i proberbly could have done it for myself because it just seems like all she is doing is giving me the forms to fill out. do any of you think its better to have an attorney than to do it alone.

I went to a Visa service here in the US, not knowing it was designed to get USCs visas for other countries, not the other way around. They referred me to a lawyer, and when the person started talking about thousands of dollars, I just kinda tuned out. Then when the person said 99% of fiance(e) visas were declined, I knew they were talking out their @$$.

I'm glad to have done the work myself.

Congratulations! With a baby on the way, it has to mean a ton to finally be approved!

Just a newbie here, but I'm glad your wait is over. Congratulations, and good luck!

Okay...found out what the DCF is, but can I file for that while already having an I-129F in process? Also, we weren't planning on getting married until Kiwi arrives here in the US. Guessing there's no getting around that, is there?