hi from new zealand

[rubyred 0]

hi everyone

i'm new to this forum, someone just gave me the link today and i haven't had a chance to have a proper look around. but i just wanted to introduce myself. i'm 28 and i'm about to apply for the 12 month work visa program that has been newly implemented between new zealand and the US. my boyfriend is a US citizen, we met online a year ago and now i'm going over there to be with him. because of the whole "must have met in person at least once" thing, i'm using this visa to get over there, and then we intend to marry and apply for a spousal visa soon after.

i'm really scared and nervous about the whole process, and i don't know any new zealanders who have been through it, so i'm really interested to hear from those who have. at this stage, the two main questions i have are:

- can we apply for a spousal visa while i'm in the US on the 12 month work visa

- will i need to return to NZ once my year is up if the visa hasn't been approved

i'm sure the info for the these two questions is somewhere on this site, so i'll have a good look around and see what i can find. but it's great to know there's some support out there, because i haven't even begun the process yet and i'm already peeing my pants with anxiety! i just keep hearing all these horror stories about how difficult it is, and i'm hoping being a new zealander will somehow make getting a spousal visa marginally easier.

actually, i also have a third question:

i heard awhile ago that the alien spouse is not allowed to work for the first 2 years in the US, but then i heard from someone else this was not true. i haven't been able to find anything on the embassy website that explicitly states the situation either way, and am wondering what the story is with this.

i'm looking forward to getting to know some of you, and hope my i've posted this in the right place!

[DanielParul 50]

Hi rubyred, Welcome to VJ Do have a look around cuz this is a very helpful site.

BTW, Are you planning to get married while you are in the US on a work visa and then apply for a adjustment of status? If you enter the US with the intention of marrying someone, it might be termed as visa fraud. Just be careful and read VJ before you decide.

Wishing you the best

[~Chad~ 0]

Welcome Rubyred, and good luck on your journey.

[rubyred 0]

thanks for the welcome, i really appreciate it.

so i had a read through the maze of information available here. i'll be going to the US on a J-1 visa, so it looks like i can't get married while there?? now i'm wondering if maybe i should take advantage of the 3 month non-visa waiver scheme instead, and apply for a fiancee visa once i get back. the 12 month visa program is really expensive (total fees come to around NZ$3500), and now i'm wondering if that money would be better put to use financing the fiance visa.

but i'm worried that one 3-month visit won't be 'enough' to satisfy the requirements of proving that there is a relationship. i've also heard that it can be difficult to visit the US while applying for the fiance visa, because the alien spouse is deemed a potential overstayer. we've already spent a year apart, and i just want to get over there as soon as possible so we can finally start our lives together.

[KimandRuss 0]

Hi Ruby, welcome to VJ.

Entering the US on a work visa with the intention to marry is against the law. Also, you cannot overstay on your work visa if the K3 is not yet valid.

You can enter the U.S. with the visa waiver but can not spend more than 90 days here at one time. Again, if you enter with the intent to marry it is considered illegal.

It is always on you to prove at the POE that you do not have intent to immigrate. This means that you may be asked to supply evidence of strong ties to NZ to prove that you will be going home. The officer at the POE has the right to deny you entry at any stage. Your best bet is to always be honest and always have proof that you must and will return to NZ.

My SO was denied entry back into the U.S. in September but that was after basically living here and travelling elsewhere on the visa waiver for a year and a half. He (we) left only to conform to the guidelines of the visa every 90 days. This was so that we could spend time together as I awaited my divorce. Now he is back in NZ until he is able to come on the K1. We file in April when my divorce is final. I am just home from 3 weeks in NZ.

The process looks as though it is speeding up at this point so perhaps filing for the K1 and travelling here for a lengthy visit as you wait is your best option. Or have you not met in person at all yet???? If that's the case then I would definately recommend the visit.

In any case, I wish you much luck and a lifetime of happiness. Good to see another kiwi on the boards.

Edited February 16, 2008 by KimandRuss

[rubyred 0]

kim,

it's FANTASTIC to know there is another nz/us couple going through the same thing.

i'm glad i asked about the crossover of visa apps because i had a feeling it could be considered some kind of fraud to arrive on a J-1 and then apply for a spousal visa. but now i'm terribly confused over which is the best way to approach this: a whole year in the US with my partner, then back to nz to wait out the app process OR 4 short trips over the course of this year while in the process of applying for one of the fiancee visas. i'm just scared about attempting to visit him and being denied, and also that a few short visits with him won't be considered enough.

i was trying to make sense of the 'direct consular filing' option, but my impression of it is that my USC partner would have to be living here in nz for a lengthy time for that?? it's really not an option for him to move to nz at all, and it's pretty close to impossible for him to visit me here for any more than a 3 or 4 short days.

also: i'm really worried about supplying proof of ties to NZ. i don't have a mortgage, i work in retail and hospitality so i don't have job contracts... what other kind of evidence can i provide?

(please forgive me in advance for asking obvious/stupid/irrelevant questions that have already been answered a million times before; i'll do my best to look through the site first, but i think at this point i'm mostly looking for some reassurance of the human and interactive kind)

[rubyred 0]

one other question for you, kim:

how did you manage to use the VWP for so long? i figured they'd question that after the first two times - how long were the gaps between each visit and how long was your SO staying in the US for each time?

sorry to be so nosey, but i'm really interested! i need to make a decision pretty soon about applying fot the 12 month work visa, and i'm still not sure.

one other question for you, kim:

how did you manage to use the VWP for so long? i figured they'd question that after the first two times - how long were the gaps between each visit and how long was your SO staying in the US for each time?

sorry to be so nosey, but i'm really interested! i need to make a decision pretty soon about applying fot the 12 month work visa, and i'm still not sure. i'm also kind of embarrassed about my earlier post, complaining about having been apart a year... i can see already that many of you have been parted for much, much longer. i'm not worried about our relationship surviving the time and the distance, because i know it will, without a doubt. but what i am worried about is dealing with the perpetual sadness and anxiety. any tips on this would be appreciated.

[KimandRuss 0]

Kia Ora Ruby,

With DCF he would have to reside for 6 months in NZ on a valid visitors visa before you could marry. Up until last year and the Adam Walsh Act it was much simpler process.

Proof that you will return may be a rental contract, utility bills, bank accounts...etc. There are several threads related to that topic here in VJ.

Here are our details...

4/2006 - I travel to Australia for two weeks

4/2006 - Russell travels back to US with me for two weeks.

6/2006 - I travel (with kids) to Australia for six weeks.

8/2006 - Russell & I (with kids) travel to NZ for 2 weeks.

8/2006 - Russell & I (with kids) travel home to US.

11/2006 - Russell returns to NZ.

12/29/2006 - Russell enters US.

3/2007 - Russell & I fly to London for the weekend.

6/2007 - Russell & I fly to Iceland for the weekend.

9/2007 - Russell flys to Dublin, IRL and is denied re-entry into the US.

Flys home to NZ

1/2008 - I fly to NZ for 3 weeks.

4/11/2008 - Divorce is Final.

4/11/2008 - File for K1

In Iceland we were questioned but the explanation that I was married to someone else seemed to be enough to satisfy the officers curiosity. In Dublin Russell was questioned about his intent. He told the truth and said we were spending as much time together as we could as I waited for my divorce to be final. They sympathized and were very nice about it ...but it was tragic when he was sent home. Less than 3 months later I had my day in court and now am in the waiting period for my divorce to be final.

It is an argueous process to say the least. We've been apart now for 5 months and it will be at least that until we are together again. My recent three weeks there were blissful. My mother came down with me and got to meet his family which was great. We were contemplating another visit for me to NZ but it's such a long, expensive trip so we may just wait it out. It's a breathtaking country! It's extremely hard being apart but, like you, we are strong and we will get through this. We are old hands at it (having known each other 10 years). We talk every day via chat/cam/phone. Usually for several hours. I love him more each day. Not sure how you get through it... you just do.

The process (with the VSC anyway) seems to have picked up pace in the last couple months with petitions being approved much sooner than they they were a few months ago. The consulate in Auckland seems very effecient as well so the interview phase should happen fairly quickly for us. Knowing that it could be as early as August that we are together for good is hopeful and that's where I try to keep my focus.

Looking back, if we had married while Russell was coming in and out on the visa waiver program. Having left his lucrative job & home in Australia in 2006 and travelling home to the US with me and my kids would probably show intent upon entry and we could be really fighting some uphill battles now. Ignorance is sometimes...bliss.

Am I to understand that you have not met your SO in person yet? I do believe that is a requirement for the K1 unless there is a waiver due to extreme circumstances (disability..etc). I'm really not sure what you should do. Whatever it is I think it's most importance to be honest as possible with the system, no matter how unfair it seems.

[rubyred 0]

It's extremely hard being apart but, like you, we are strong and we will get through this. We are old hands at it (having known each other 10 years). We talk every day via chat/cam/phone. Usually for several hours. I love him more each day. Not sure how you get through it... you just do.

Am I to understand that you have not met your SO in person yet? I do believe that is a requirement for the K1 unless there is a waiver due to extreme circumstances (disability..etc). I'm really not sure what you should do. Whatever it is I think it's most importance to be honest as possible with the system, no matter how unfair it seems.

yeah we spend several hours every day hanging out on webcam, and i've even gotten to meet his parents and grandma, and talk to his older brother. and my parents will get to meet him for dinner next weekend! seems so weird they will meet him in person before i do. and no... we haven't met in person yet. which is why i'm thinking maybe i should head over on the VWP a couple of times, for a month each time, and then apply for the K-1? will this be 'enough', along with a one year long distance relationship? that's what i'm paranoid about. so i have to decide between doing it this way (which will end up - ideally - with the issue of my US residency being sorted much quicker), or going on a one year visa and then coming back to apply for the K-1 (which makes the whole process so much longer). i just don't know what to do.

where abouts in NZ is your man from? i'm originally from taranaki, but have lived in wellington for the last 10yrs.

[simple_male 1]

Welcome to VJ!

[KimandRuss 0]

Your parents are coming to the states and will have dinner with him??? Wow! Make sure they take pics..it will help with the process. You've met members of his family in person??? How interesting!

My guess is you would only need to visit one time via the VWP before filing for the K1. If you plan another visit while awaiting the process you will have that much more eveidence for the interview. I think they realize that it's very expensive. Have you saved some emails, phone records, chats..etc this past year? That will all help as well. You'll be fine. btw... It's much cheaper to travel around the end of May ($1,500 US) than it was in January ($2,700 US) so be sure you check different dates/specials with the airlines as you may be able to get your two trips in for the price of one. Right now AIR NZ is running a special... $948 from Auckland to L.A. if purchased before 2/28 and travel is commenced before 5/31. May be just what you need!

Russell grew up in Taupo but now lives in rural Opotiki, near Whakatane, in the Bay of Plenty/Eastland. It's absolutely gorgeous up there! His parents own a 25 acre living farm/lifestyle block with a view of the ocean as well as ocean front property in Eastland they plan on building on in the future. He is part Maori on his father's side. His given name is Te Ngere (strong support) ..and that he is! How about you??

If you can get to the U.S. soon, we may be filing around the same time! Where in the U.S. will you be moving to? I assume nowhere near me since you're filing with CSC. I'm about an hour NW of Boston, MA.

[Zee Bee 61]

Welcome to VJ and good luck on your journey!!!

[CarolineM 0]

Welcome to VJ! Read the guides for sure and also visit the Regional Forums. There are HEAPS of Aussies and a few kiwis as well who have been through the process! Look at all your options and use us for advice!

Welcome.

[rubyred 0]

Your parents are coming to the states and will have dinner with him??? Wow! Make sure they take pics..it will help with the process. You've met members of his family in person??? How interesting!

My guess is you would only need to visit one time via the VWP before filing for the K1. If you plan another visit while awaiting the process you will have that much more eveidence for the interview. I think they realize that it's very expensive. Have you saved some emails, phone records, chats..etc this past year? That will all help as well. You'll be fine. btw... It's much cheaper to travel around the end of May ($1,500 US) than it was in January ($2,700 US) so be sure you check different dates/specials with the airlines as you may be able to get your two trips in for the price of one. Right now AIR NZ is running a special... $948 from Auckland to L.A. if purchased before 2/28 and travel is commenced before 5/31. May be just what you need!

Russell grew up in Taupo but now lives in rural Opotiki, near Whakatane, in the Bay of Plenty/Eastland. It's absolutely gorgeous up there! His parents own a 25 acre living farm/lifestyle block with a view of the ocean as well as ocean front property in Eastland they plan on building on in the future. He is part Maori on his father's side. His given name is Te Ngere (strong support) ..and that he is! How about you??

If you can get to the U.S. soon, we may be filing around the same time! Where in the U.S. will you be moving to? I assume nowhere near me since you're filing with CSC. I'm about an hour NW of Boston, MA.

my parents have been planning a trip to the US for over a year, and they will be in SF for one night and two days (jordan is in oakland), so jordan is taking them out for dinner. they don't actually know the full story... i'm not that close with my mum, so they just think he's my 'best friend', although i did up having to tell them we'd not met in person. and i do think my mum is getting a little suspicious...

i haven't met jordan's family in person, just on webcam. he's originally from chicago, so when he went home for thanksgiving he took his laptop and i got to talk with his family (who know our situation and are so completely supportive and encouraging and fantastic). then his mum came out to CA and we "hung out" together.

when jordan and i first met, i began saving his emails right away (i think i'm only missing the first one) because i loved the way he wrote and i was smitten pretty quickly. at the time, i thought it was really lame (esp. when, after we started IMing, i saved all those too!) but now i'm glad i did! i also have a bunch of books he's inscribed to me, a letter, lots of little things with notes, and god knows how many emails. i've never been able to bring myself to delete any of them.

thanks so much for the flight price tips: when i was looking at flights for february (my original plan a few months ago was to be there by feb) the flights were super expensive. so it's good to know when the cheaper ones are.

i'm not maori, but much of my family is. my older brother is half maori (different fathers) and a lot of my mum's side is maori through marriage. so you'll probably know what i mean when i say "arohanui, kim"

[kelzm 0]

Hello Rubyred, nice to welcome another kiwi to VJ!

There are a few of us here, you've come to the right place to ask all those immigration questions.

You've already got a lot of valuable info so I'll just add in what I've experienced so far.

First of all - I also met my husband online. I don't think you'll have any problems proving the relationship (admittedly I haven't got that far yet). There's a couple of things you can do to help with this.

- Print out chat logs

- Keep your flight itineraries

- When you and your parents visit collect photos

- Get people who know you as a couple to write affadavits attesting to your relationship

It's not uncommon for people to meet their other half via the internet so don't stress too much over this. Just collect all your relevant proof of a relationship and I'm sure you'll be fine.

I also spent a lot of time looking at different options to immigrate to the US to be with my husband. I looked at work visas, applied for jobs and entered the diversity lottery. Eventually we decided that the best way to guarantee that I could move to the US and live with my husband was to marry and apply for a CR1 visa.

We didn't consider the fiance visa a good option as I wanted to be able to work when I arrived in the US.

Last August I went over on the VWP and we married. We submitted out paperwork to USCIS a couple of days later. Right now I'm still waiting for that first approval which I'm hoping will come through really soon. Originally I'd hoped to be able to move over in May when we had a holiday scheduled, that seems to be a bit of a dream however. I'm quietly confident that I should be approved and able to immigrate by September/October this year.

If you're looking to compare timeframes I'd say that the K1 fiance visa should come through in around 6 months, a K3 or CR1 visa, which are for those already married would take 10 - 12 months.

Best of luck with your journey.

Kia kaha, it seems like a huge hill to climb right now, but you'll get to the top soon enough.