ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresDenied entry VWP
QUOTE (fwaguy @ Sep 27 2007, 02:35 PM) <{POST_SNAPBACK}>
From the US Embassy in NZ's website:

QUOTE
Acceptance of I-130 Petitions – 20 March 2007

Effective immediately consular posts abroad are authorized to accept petitions for immediate relative immigrant classification from American citizens who are resident in their consular districts........

NOTE: To demonstrate residency in a consular district the American Citizen petitioners must be able to show that they have permission to reside in the consular district and that they have been doing so continuously for at least six months before filing the petition. Individuals who are in the country on a temporary status such as student or tourist would NOT be considered to meet the residency standard.


http://wellington.us...ov/qualify.html


thank you fwaguy! Yet another option, seems unlikely for my current situation, but an option nonetheless.
KimandRussFemaleNew Zealand2007-09-27 13:47:00
K-1 Fiance(e) Visa Process & ProceduresDenied entry VWP
ahh yes, that one suits much better right now! TY
KimandRussFemaleNew Zealand2007-09-27 13:29:00
K-1 Fiance(e) Visa Process & ProceduresDenied entry VWP
wacko.gif why is there no emoticon pulling it's hair out????
KimandRussFemaleNew Zealand2007-09-27 13:25:00
K-1 Fiance(e) Visa Process & ProceduresDenied entry VWP
I'm a little confused with the other discussion that is going on. Are you talking about me going there to be with him with my children until we are approved for 'whatever'?

Anything is possible at this point. I work for myself and mostly online so I can, and have, worked from abroad before. My family, including my 'x', is supportive of this relationship and helps in any way they can...including financially. My only problem would be my children's schooling. I am not opposed to schooling them myself BUT it is an issue we have not even addressed as of yet.

Is this what you mean?
KimandRussFemaleNew Zealand2007-09-27 13:15:00
K-1 Fiance(e) Visa Process & ProceduresDenied entry VWP
You are all so wonderful. Thank you so much.

Tracy, it does not matter when and where we are married at all.

He has my heart. All of this bureaucracy is merely for goverment.

Julezabelle... then we shall apply for that visitors visa to see if he has a chance of even coming back to me for a short time. It's just too hard for me to be away from my kids (15/12).

Have a WONDERFUL time with your fiance next week! And thank you again.
KimandRussFemaleNew Zealand2007-09-27 13:11:00
K-1 Fiance(e) Visa Process & ProceduresDenied entry VWP
Madzia, thank you so much for your reply. I wish you and your fiance all the best and a speedy process!

At this point I would much rather be safe than sorry so perhaps applying for a visitor visa is not in our best interest. As I stated we have known each other now for about 10 years and after living together for about a year and a half now it's going to be very difficult to be apart for up to 9 months, i'm sure. Time to get another job and plan my travel to NZ accordingly I suppose.

Thanks again to you all.
My best.
KimandRussFemaleNew Zealand2007-09-27 12:51:00
K-1 Fiance(e) Visa Process & ProceduresDenied entry VWP
thank you jules... I guess that answers that! sad.gif
KimandRussFemaleNew Zealand2007-09-27 12:47:00
K-1 Fiance(e) Visa Process & ProceduresDenied entry VWP
QUOTE (meow mix @ Sep 27 2007, 01:26 PM) <{POST_SNAPBACK}>
Getting married while here is not illegal. Coming here to get married and STAY, however, is illegal.


Yes, I understand that. My point is that in order to actually stay together for this difficult and lengthy process it's much easier to get married while your significant other is in the country with you.

Devilette, I realize neither visa is an option for me right now as I am still awaiting my divorce. This is why we did not get married. Also, of course we knew he could be turned away at any point but the time we got together was worth the risk. My remark was in general. 6-9 months of separation before an intended marriage does not seem a healthy way to begin a lifelong relationship.

Julezabelle, why do we need to meet in a '3rd party country'? I have only travelled to New Zealand once in the past. As far as I know I should have no problems travelling there on the visa waiver.

One more question... is the K3 process any less strenuous? If I can get to NZ after my divorce is finalized and marry him there does it still take as long or am I better off applying for and waiting for the K1?

Thank you all again for your input. I have a feeling we will be here alot in the coming months.
KimandRussFemaleNew Zealand2007-09-27 12:46:00
K-1 Fiance(e) Visa Process & ProceduresDenied entry VWP
QUOTE
Wow. I'm surprised he got in as much as he did! Sucks he flew all the way from NZ tho to get turned away. That is one long a$$ flight!

Good luck on your journey.


Thank you. He actually was trying to come back to me from Dublin when he was turned away and then had to fly on to NZ instead.

They almost beg you to get married 'illegally' and then file the K3, don't they?

It looks as though our only hope is to wait. sad.gif New Zealand is not only "one long a$$ flight" but it's pretty hard on the pocketbook too!

Edited by KimandRuss, 27 September 2007 - 12:18 PM.

KimandRussFemaleNew Zealand2007-09-27 12:15:00
K-1 Fiance(e) Visa Process & ProceduresDenied entry VWP
Thank you all so much for your replies. It's so helpful knowing that we are not alone.

april 2006 - I travelled to Australia (where he was employed) stayed for 2 weeks then he travelled back with me to the u.s. for two weeks on the VW. We did go into Canada during that time as well.

june 2006- My children and I travelled to Australia for six weeks as Russell finished his work there. We then travelled to NZ to see his family for 2 weeks. He flew home to the states with me on the VW and stayed almost 90 days.

september 2006- Russell flew home and remained there until...

december 29, 2006- he flew back to me on the VW

march 2007- we both flew to London to meet the terms of the VW

june 2007- we flew to Iceland to meet the terms of the VW - credit cards hurting now!

september 2007- Russell flew to Dublin, Ireland on the VW and was denied entry back into the U.S.

So he has been here the majority of 2007 up until now. I understand the laws and I undestand why he was denied entry as we knew it could happen at any point.
I need to know my options now as far as spending time together as we await this whole process.
Thank you again.
KimandRussFemaleNew Zealand2007-09-27 12:04:00
K-1 Fiance(e) Visa Process & ProceduresDenied entry VWP
Thank you for your reply.

He had been in and out too often this year on the VWP. Although he did leave the country before 90 days were up and did not violate the law per`se, he did always come back soon after as we just wanted to be together.

The official's were sympathetic but stated that the VW is not to be used for temporary residency.
KimandRussFemaleNew Zealand2007-09-27 11:26:00
K-1 Fiance(e) Visa Process & ProceduresDenied entry VWP
Hello, this is my first post with you all but i've been coming here for a long time and have a very strong feeling that you all are about to become like family to us.

A bit about us... I am a U.S. citizen. Russ and I met online about 10 years ago, while I was married. His first visit here was in 2003. Two years ago my husband and I split and Russell and I became a couple. I have travelled to and from NZ and he has been here in the U.S. on the VWP on and off while I am awaiting my divorce to be final. On Monday, he was denied entry back into the U.S. while on the VWP and was sent back to NZ.

My divorce should be final within a couple of months and then we can start the K1 process. But the thought of not being together for up to 9 months or more is just disheartning. I will be visiting NZ at Christmas but can only stay a couple of weeks because I have children here that need me. So my question is this, can he apply for a different kind of visa to at least come to visit as we await this whole process? Any help or suggestions would be much appreciated as I am broken hearted without my love at my side. sad.gif

On a side note... I live in a place where it is almost the norm for people to live here illegally and even work. Yet, here is a man with a masters degree who try's to follow the law and is sent 'home'.

never in my life did I imagine that falling in love with someone from a different country and wanting to be with that person would be so difficult. Even if I was divored and could file for the K1 today the process is daunting and painful. You all are to be commended for your time and committment to your loved ones and you give me hope that with time, everything will be ok. Thank you for that.
KimandRussFemaleNew Zealand2007-09-27 10:59:00
K-1 Fiance(e) Visa Process & Procedurespassport photo
Well the specs do say that if you normally wear them that they should be worn and give tips to avoid the glare but again, I don't 'think' they are that picky considering what some others have sent in and passed with.

If you're having them taken again I would wear them!

good luck!
KimandRussFemaleNew Zealand2008-04-18 12:12:00
K-1 Fiance(e) Visa Process & Procedurespassport photo
They were free of charge for me when I had them done for my passport a few years back, also free for both my kids. Then I just went again last week before filing and they were free again! Bonus! wink.gif I have platinum membership.
KimandRussFemaleNew Zealand2008-04-18 11:35:00
K-1 Fiance(e) Visa Process & Procedurespassport photo
AAA basic members are only $5 and plus members get them for no charge wink.gif
KimandRussFemaleNew Zealand2008-04-18 11:13:00
K-1 Fiance(e) Visa Process & Proceduresbirth certificate
The long form usually includes more detailed information about your parents, including full names, address, occupations...etc.. it's also usually signed by the doctor who delivered you. It's an exact duplicate of the original. The short form is just confirmation that the longer record exists. wink.gif What you need is the long form and it doesn't always have a back to it. Mine did not. wink.gif

Here is a good description of the difference between long and short form birth certificates...

good luck!
KimandRussFemaleNew Zealand2008-04-20 09:11:00
K-1 Fiance(e) Visa Process & Proceduresg-325a
You can fill out the forms whenever/wherever you like.

As far as the mistakes... some people have had RFE's for a simple box not ticked off so be sure it is as complete and accurate as possible. If it's just the confusion with address and the format of the dates you might be ok as i'm sure they're pretty used to that. I guess it will depend on the adjuticator. wink.gif

good luck
KimandRussFemaleNew Zealand2008-04-20 09:16:00
K-1 Fiance(e) Visa Process & ProceduresFiancee/Spouse Visa's
You need to find out what the requirements are for the state or county you will be marrying in. As stated previously, and as you've learned, it's probably best not to offer any more information than the poe officer asks. If you are asked, of course, it's always advisable to tell the truth. Be sure you bring PLENTY of proof that you plan on returning to the UK.

As a side note, my fiance was denied entry into the U.S. last September (after having lived together for a year and a 1/2) so belive me when I tell you that I know how you are feeling. Gather what you need to and get it going asap. Time will pass quickly and soon you will be together again....and be able to stay that way!

good luck
KimandRussFemaleNew Zealand2008-04-20 12:59:00
K-1 Fiance(e) Visa Process & ProceduresTwo questions guys! I-129F
Hi, the link posted above is actually for the national benefits center and has to do with filing your paperwork with the lockbox.

Here is the link on how to complete your 129

Here's a pic of ours..
KimandRussFemaleNew Zealand2008-04-20 21:59:00
K-1 Fiance(e) Visa Process & ProceduresEngagement Ring Receipt
I think you're worrying over nothing. wink.gif

My divorce was final the day before I sent the petition. Not worry. 'Enjoy' the ride! smile.gif
KimandRussFemaleNew Zealand2008-04-22 08:10:00
K-1 Fiance(e) Visa Process & ProceduresImmigration lawyers specializing in K1/K3 visa
Just my opinion, but unless you have extreme circumstances (previous overstay, children who will be travelling without approval of one parent..etc) you really don't need a lawyer. The guides, example forms and instructions here on VJ and on uscis website will help you fill the papers out probably better than a lawyer with little experience. $500 would be better spent on a trip to see each other as you wait! smile.gif

Either way, best of luck!
KimandRussFemaleNew Zealand2008-04-17 10:34:00
K-1 Fiance(e) Visa Process & ProceduresK-1 newbie
Hi Lynda... Here is the UK forum...

For whomever asked.... they need the marriage certificate for previous marriages to legally prove a name change. They ask for it with the I129F and an original is suppose to be sent along to the consulate for interview. wink.gif
KimandRussFemaleNew Zealand2008-04-23 07:48:00
K-1 Fiance(e) Visa Process & ProceduresQuestions about Fiance Lawyers
Of course this is just opinion, but i've heard more horror stories about lawyers than anything. VJ, the guides and posters here and the instructions right on the USCIS webiste are plenty helpful enough to help you do it right. If you still don't feel comfortable doing it alone and want to pay the money for a lawyer i'd suggest asking for references. wink.gif

What will slow you down is not getting it right the first time. Having a lawyer will not help you speed things up. If he/she is not familiar with the process and doesn't send something that you should have included you will be sent an RFE and your case will be put on hold until you get them the required documents.

Either way.. best of luck!
KimandRussFemaleNew Zealand2008-04-23 14:07:00
K-1 Fiance(e) Visa Process & ProceduresCAN I?
A beneficiary from India was just denied for this 'non-legal' ceremony they had because they included pics (as proof of relationship).

I suppose each consulate and officer is different but just be aware.
KimandRussFemaleNew Zealand2008-04-24 09:34:00
K-1 Fiance(e) Visa Process & ProceduresWhich postal service
With all the petitions i've seen/heard were 'lost' along the way... that extra $19 to get it there overnight and know for certain it was put in the right hands gave me GREAT sense of peace relatively quickly! I'd have paid much more! To each his own though. wink.gif
KimandRussFemaleNew Zealand2008-04-24 09:25:00
K-1 Fiance(e) Visa Process & ProceduresWhich postal service
I used USPS overnight service with confirmation of delivery. After so many years waiting to get to this point I wanted it there 'yesterday'! laughing.gif

The receipt number does allow you to track it online. It will tell you each time it's scanned in when it arrives or departs a location on the way. You will know what time it was delivered and who it was 'signed' by. Once it's delivered you can get an email with a copy of the signature and then a confirmation of delivery will come in the form of a card to your address.

Might be overkill but it's what WE wanted. Well worth the $24!
KimandRussFemaleNew Zealand2008-04-24 08:21:00
K-1 Fiance(e) Visa Process & Proceduressignatures of biodemigraphic forms
You need original signatures on the documents that ask for them.

Try the search above or the philippine regional forum for information on the address. Most of the information you need is just a click away...do some browsing.
KimandRussFemaleNew Zealand2008-04-25 07:52:00
K-1 Fiance(e) Visa Process & ProceduresSame house, but different address
I would choose option #3

Perhaps get the passport changed while you wait.

Good luck!
KimandRussFemaleNew Zealand2008-04-25 11:52:00
K-1 Fiance(e) Visa Process & ProceduresFinancial Sponsor
2008 Income Guidelines

Join us in the New Zealand forum!
KimandRussFemaleNew Zealand2008-04-25 18:40:00
K-1 Fiance(e) Visa Process & ProceduresNOA2
all of this information can be found with a little search or in the guides/faq's here...

The noa2 takes however long it takes. There is no rhyme or reason. When your petition is pulled and worked on it goes through some database checks and the adjuiticator looks through it to see if everything they need is there. If there is a hit or something missing, you need to wait for the hit to clear or you will be issued an RFE. If it's all good and you are approved it is then sent to the NVC (national visa center) in N.H. where it's sent out to the embassy you're filing with. CSC takes longer to get to the NVC than does VSC... sometimes weeks. VSC is usually there in a matter of days and the petition is usually sent out to the USEM within a week. If you do a search you can find many posts that will show you how to track it from NVC to USEM using FedEX.

Every Embassy is different so it's important to know about the way they handle your petition. Some will send packet 3...some will send packet 4. Some will want you to download your own forms or pick them up yourself. Time till interview varies greatly. You can find this out by visiting that Embassy's website or by visiting the regional forums here on vj or checking your portal page here for others who have filed with the USEM you are going through.
KimandRussFemaleNew Zealand2008-04-27 09:46:00
K-1 Fiance(e) Visa Process & ProceduresDoes Homestay apply to me?
QUOTE (BryantAliona @ Apr 26 2008, 02:35 PM) <{POST_SNAPBACK}>
the 2 year rule applies to you only if you've been sponsored by your government, so don't worrie.


This is untrue as well. There are other circumstances in which the two year home residency requirement is required other than governement sponsered visas.

This condition, as well as other restrictions, are listed on page two of the DS-2019 and should have been explained to you when you signed for the visa. As Rebecca stated above, it should also be listed in your passport where the visa is stamped. Your best bet is to check your paperwork and, if required, you will need to file for a waiver.

good luck to you
KimandRussFemaleNew Zealand2008-04-26 21:03:00
K-1 Fiance(e) Visa Process & Procedurescheck online
again... use the 'search' function as these questions have been answered a multitude of times.

When our petitions arrive at uscis they are put into a 'universal' folder/file and gets a barcode which is scanned each time the file is moved or worked on and put to the side... it could be something as simple as an adjuitator going to lunch. Sure, it can mean you're close to an approval but it can also mean the adjuticator had to go tinkle! laughing.gif

When you see your date on the uscis website change from the initial date you saw originally, it means you were 'touched'. It means someone scanned the barcode on your petition. That's it.
KimandRussFemaleNew Zealand2008-04-27 09:50:00
K-1 Fiance(e) Visa Process & ProceduresAmerican Marrying a Venezuelan who overstayed visa...
Those dang organizers! laughing.gif TY Krikit. wink.gif
KimandRussFemaleNew Zealand2008-04-28 11:36:00
K-1 Fiance(e) Visa Process & ProceduresAmerican Marrying a Venezuelan who overstayed visa...
Canada Forum? huh.gif

The US cares about the US. wink.gif However, as snowytater suggested, there will probably be time apart and it's at the discretion of the POE officer to 'let her in' if she comes for a visit. The overstay is probably noted in the passport and I would have to assume that may send up some signals.

good luck.
KimandRussFemaleNew Zealand2008-04-28 07:32:00
K-1 Fiance(e) Visa Process & Procedurescan i visit the us again for 3 months?
Just wanted to reiterate what Julez said so there is no confusion. There is no law that states you must stay away for a certain amount of time or that limits you to a certain amount of time per year.

We had similar circumstances... after living together abroad, he basically lived here in the US with me from August 2006 to September 2007... in and out of the country many times. Usually very little time between re-entry. Last trip back he was denied entry. It is at the discretion of the POE officer. We're lucky to have spent as much time together as we did. wink.gif

If this is your first time back I wouldn't worry too much about it. Just be sure to bring ties as stated above and understand that there is that chance you could be turned back.

good luck
KimandRussFemaleNew Zealand2008-04-28 16:39:00
K-1 Fiance(e) Visa Process & Proceduresg325a form questions
When you fill out page 1..the other 3 are automatically filled in. All 4 (and usually the instructions..page 5) are printed out. She is supposed to sign all 4. If you've already filed, I'd have her sign them and be waiting for an RFE... hopefully you wont get one but i'd certainly be ready for it. If you haven't filed yet, i'd certainly have all 4 correct pages before you send! wink.gif good luck.

Edited by KimandRuss, 29 April 2008 - 07:40 AM.

KimandRussFemaleNew Zealand2008-04-29 07:38:00
K-1 Fiance(e) Visa Process & ProceduresDo you realllllllly need it notarized?
QUOTE (fwaguy @ Apr 25 2008, 01:29 PM) <{POST_SNAPBACK}>
I may be going out on a limb, but I think that everyone (or most everyone) in VJ land would say... it needs to be notarized


good.gif
KimandRussFemaleNew Zealand2008-04-25 13:21:00
K-1 Fiance(e) Visa Process & ProceduresI-129F has been sent what's next
House is great! wink.gif

Umm they told you December???? That even puts you out of their-called so 6 month processing time. I bet if you called back someone else would tell you an entirely different time. That's just one of the many wonders of the USCIS! laughing.gif First rule of thumb, don't believe everything you hear! Even if it does come from an 'official' source. wink.gif

If you look at your timeline, your projected date (based on other vj'ers) is June 25th. Usually it's before even that time.
KimandRussFemaleNew Zealand2008-04-30 07:00:00
K-1 Fiance(e) Visa Process & ProceduresI-129F has been sent what's next
K1 Flowchart All the tabs and links along the top of the forums should help you find all the information you need.

Vermont should be quicker than 6 months.

Join us in the April filers thread for VSC

good luck
KimandRussFemaleNew Zealand2008-04-29 07:44:00
K-1 Fiance(e) Visa Process & ProceduresQuestion concerning full copies of original package
do let us know how that works for you. wink.gif good luck!
KimandRussFemaleNew Zealand2008-04-24 13:02:00