NEW ZEALANDers heading to the US and their USC spouses - POST HERE!

[kiwiana 2]

Thanks everyone. Looks like I am probably freaking out over nothing again.

I apologize, and thanks again for all the quick advice. =)

This place really is a lifesaver.

It's a great place is VJ ...where would any of us be without it

I understand the freaking out over nothing...been there...done that...happy to loan out my T-shirt

It's lovely here I agree. But the one thing they haven't got is my SO, and he has grandchildren it would break his heart to leave. Also I am not from NZ. ..

CDN= canadian

eh= eh???

cdneh:Tomorrow is the BIG day!!! wooo hooo!!!!! I am soo excited for you!! what time does your plane leave? Did you have to sit on the suitcases to get everything in?

[ivannnaloveskiwi 0]

Hi everyone,

thank -you so much for your support.. makes us feel so much better.. i called the consulet and spoke with "Bea", a very, very nice lady! She was so wonderful and put me to easy..first, we were not denied..yes becasue of his conviction we were .. so to say.. pushed back some.. ( and Dave and geena,not becasue of the divorce papers..they would wait till you had the right ones...) They are going with the fact that his convictions were more than 15+ years ago, she said all we needed to file was the I601, she said i didnt even need to write a letter , but would help if i could..( which i am) her words were " we have 2 aces we can use - the hardship waiver and the fact that the convictions are 15+ years..said we are putting that packet together and all we need is the I601 + the fees..the divorce paper can wait till the final approval."

she told me not to worry that everyhing would be fine and that my SO was " a lovely man" lol!!! I have made arrangement to go to NZ the end of march and will stay my 90 days..I'm so excited to see him again. she also said that it could take 2-4 months..So keep your fingers crossed and maybe we will be able to come home together..

amaciar... wrote that number down.. ty

once again, thank you everyone for your support..it has made me feel so much better , you are a great bunch.. WE couldn't of made it this far without you all !

[KimandRuss 0]

Ivanna, i'm so happy for you.

I'm sure he'll have his visa in no time! Also, be sure to quote the law I sent you regarding the old convictions in the letter you write! I'm envious of you getting to go back to NZ, the unplanned trip we had after Russell got das boot was so wonderful! I hope it turns out to be the trip of a lifetime for you both and that by the end of it you have wonderful news!

Edited March 2, 2009 by KimandRuss

[rubyred 0]

glad things are sorting themselves out for you ivanna!!

good news for me: did a little research and it turns out i CAN continue to work until my visa expires. hopefully my EAD will have arrived by then, although we may be cutting it pretty close.

[cdneh 3,112]

Contratulations Ivannna!!! I've been thinking about you this week, and hoping everything would come right!

Today is the big day for me. I have some last minute things to do, of course, and then I am off at 1930 tonight. I'll be sure to let you know how my POE went, and thank you to everyone in here for all your support during the wait. I'll be back...but I'll be there !

[KimandRuss 0]

Justine, I don't want to shadow your good news but it's important that you know some facts. First, I think you can find information or someone who's suppose to know what they're talking about to support almost anything ....so be sure to ask 1, 2, then 3 times!

According to the DHS, once you apply for Adjustment of status you lose your current non-immigrant visa status and become 'pending adjustment of status'.

J-1 is a non-immigrant visa and 485 is an adjusting process. Therefore, you techically lose your J1 Status... BUT......

Under Section 214(B) of the Immigration and Nationality Act, (Act), most nonimmigrants who apply for adjustment of status to that of permanent residents of the United States are presumed to be intending immigrants and, therefore, are no longer eligible to maintain nonimmigrant status. Section 214(h) of the Act, however, permits aliens described in section 101(a)(15)(H)(i) and of the Act, i.e., temporary workers in specialty occupations, intracompany managerial or executive transferees, and their depend ent spouses and children, to maintain their nonimmigrant status during the pendency of their applications for adjustment of status.

You can really take either answer from that ^

The Service has, traditionally, considered applying for adjustment of status as relevant evidence in determining whether an alien has abandoned the requisite nonimmigrant intent. Section 214(B) of the Act does not, however, require the Service to hold this position as an absolute rule. So long as the alien clearly intends to comply with the requirements of his or her nonimmigrant status, the fact that the alien would like to become a permanent resident, if the law permits this, does not bar the alien's continued holding of a nonimmigrant status.

Also of importance...

The USCIS may issue RFEs asking for an advisory opinion regardless of what is stamped on a J-1 visa. This is especially true once a person moves to a new institution, because such moves MUST be documented under the Department of Homeland Security SEVIS system, which means USCIS will know about it. The institution is responsible for updating the SEVIS system, not the J-1 visa holder.

found this in another forum

Now you ask if it's legal that you are still working in J status. The answer is that you are probably fine, since USCIS doesn't really enforce considering you to have abandoned your J status. This will change if you dare travel outside the US of course; if you leave the US it will be almost impossible to get back in with a J visa since you are clearly intended immigrants. But as long as you are still here, you should be okay staying on J-1 and you can keep using your ©(5) EAD for now. But make sure you have AP documents in case you need to travel. While your J-1 status right now is okay, your J visas in your passport is pretty much useless.

More to absorb and fret about. Sorry to overwhelm you and give you even more to check into, but knowledge is power!

cdneh... have a wonderful trip and WELCOME HOME!

[rubyred 0]

arrrgggggghhhhhhhhhh SO CONFUSING

why can't they JUST SAY: "if you are on a J-1 visa with no HRR you have to give up work till your EAD arrives" OR "if you are on a J-1 visa with no HRR you don't have to give up work till your visa expires (unless your EAD arrives before then)"

[kiwiana 2]

Contratulations Ivannna!!! I've been thinking about you this week, and hoping everything would come right!

Today is the big day for me. I have some last minute things to do, of course, and then I am off at 1930 tonight. I'll be sure to let you know how my POE went, and thank you to everyone in here for all your support during the wait. I'll be back...but I'll be there !

Ivanna: so happy for you! hopefully the approval will come through when you are both here in NZ together!! yay!!

cdneh: You are probably at the airport by now. Hope you have a safe, swift journey. won't be long till you are in each others arms again!! let us know how it all goes through POE etc.

[Ed+Cindy 1]

It's so nice to know that there are many kiwis out there who's experiencing a rough time immigrating to the US for their loved ones! US CBP officers in Vancouver coerced me and Ed into applying for a K-1 Fiancee Visa last October, so I had to come back to Auckland to wait for the visa while Ed works in the US . It'll be nearly 5 months since Ed submitted the petition for K-1 visa. I really hope the US Consulate General will contact me soon!

Just wondering, does anyone know of any way of finding out the status of visa application ?

[kiwiana 2]

It's so nice to know that there are many kiwis out there who's experiencing a rough time immigrating to the US for their loved ones! US CBP officers in Vancouver coerced me and Ed into applying for a K-1 Fiancee Visa last October, so I had to come back to Auckland to wait for the visa while Ed works in the US . It'll be nearly 5 months since Ed submitted the petition for K-1 visa. I really hope the US Consulate General will contact me soon!

Just wondering, does anyone know of any way of finding out the status of visa application ?

Hi there!

The petitioner should have received a notice of action 1-797 letter (NOA1) shortly after he sent in the 1-129f package. On the top left hand side of the letter is a receipt number (usually starts with WAC or EAC.....) If you go to the uscis website and register you can check the case status online (type in your receipt number and a password)

Sometimes if a uscis employer looks at your case or moves the file, the date may change on your status (touched). During the time we was waiting for approval we did not receive any touches at all. The only 'touch' received was when they first got our file and when we finally got approved. Some peoples status never changes online even after approval, so it's really a hit and miss kind of thing

But when you are waiting for the approval, any prospect of seeing some movement on your case is in ones mind the whole time. I know i checked the case status probably hundreds of times over the 120 days or so of waiting for approval.

As it's almost 5 months for you guys, i would think the waiting may soon be over. Hope you get it very soon!!

[cdneh 3,112]

I'm home

Safe and sound...summer to winter in 21 hours....and there is snow!

POE ...wow..less than 5 minutes...I went to the new immigrants line, and no one ahead of me. Lovely lady, who took my MBE and tore the envelope to shreds...opening it...after all the great care I took guarding that with my life...lol..

The steward didn't know which customs form, but it is the white I-94, and they staple part of that to your passport.

More...when I get some rest....it may be 11:00 here...but it is 05:00 for me....

Have a great trip Kiwiana..you're next!

[kiwiana 2]

I'm home

Safe and sound...summer to winter in 21 hours....and there is snow!

POE ...wow..less than 5 minutes...I went to the new immigrants line, and no one ahead of me. Lovely lady, who took my MBE and tore the envelope to shreds...opening it...after all the great care I took guarding that with my life...lol..

The steward didn't know which customs form, but it is the white I-94, and they staple part of that to your passport.

More...when I get some rest....it may be 11:00 here...but it is 05:00 for me....

Have a great trip Kiwiana..you're next!

Wow! two seasons in one day! happy to hear all went well. Finally, you are with your loved one!!

I will definitely remember to ask for the white form. My internet is due to be disconnected in a few hours time and i will be staying at my sons place overnight until i leave for usa tomorrow!

Hope everyone is doing well and i will catch up with you's soon!!

[KimandRuss 0]

Justine, I know... it's nuts! I'm sorry to stress you more. I just want to be sure there is nothing to come back and bite you. If your employer is good with it then I think you should be too.

cdneh.. nice to see you made it home. Where are you in the states again? We're freezing our tushies off in N.E. too! But ahhhhh clocks move forward this weekend and the sun is shining brighter so spring is surely on it's way!

ana..have a lovely trip home.

[rubyred 0]

thanks kim - no, i appreciate you bringing that info to our attention, we literally had no idea that there was any doubt i could continue working to the expiration of my visa while in the midst of adjusting.

after much time spent sending messages, posting on forums, asking so-called 'experts' (gahhh i got a really snarky lady over on justanswers.com), reading up on the immigration laws, my fiance finally called USCIS today and got through. we'd left this as a last resort because everything we'd read had led us to believe they would be of little knowledgeable help. but he got through and spoke to a woman who knew what she was talking about. she informed him that i CAN continue to work while adjusting, but when he asked for evidence of this - e.g. the specific law that references this, because we want 'proof' so we can sleep at night - she was unable to provide any. she said that while USCIS can advise, it's up to lawyers to provide proper legal advice in these matters. so we'll probably still have a brief consultation with a lawyer.

now the problem is: finding a lawyer! i don't want to use some shady lawyer, but i haven't the faintest idea how to go about finding a reputable one. any tips??

[cdneh 3,112]

Justine, I know... it's nuts! I' m sorry to stress you more. I just want to be sure there is nothing to come back and bite you. If your employer is good with it then I think you should be too.

cdneh.. nice to see you made it home. Where are you in the states again? We're freezing our tushies off in N.E. too! But ahhhhh clocks move forward this weekend and the sun is shining brighter so spring is surely on it's way!

ana..have a lovely trip home.

I am in Virginia ...baby it's cold outside