Can I DCF in Auckland?

[Ed+Cindy 1]

Quick summary first:

I have New Zealand permanent residence. My fiance is a Kiwi. I have lived in NZ for 4+ years, however I left for the US last May. My fiance is still in Auckland.

Can I return to NZ and file directly with the Auckland Consulate? The idea being this route will be much quicker than the K-1 route with the USCIS.

I am confused on the residency requirements. Unfortunately we did not research this enough before I left NZ last summer. If I had known there was such a huge processing time difference, we would have married in Auckland before I left rather than waiting.

Thanks.

[payxibka 10,047]

Quick summary first:

I have New Zealand permanent residence. My fiance is a Kiwi. I have lived in NZ for 4+ years, however I left for the US last May. My fiance is still in Auckland.

Can I return to NZ and file directly with the Auckland Consulate? The idea being this route will be much quicker than the K-1 route with the USCIS.

I am confused on the residency requirements. Unfortunately we did not research this enough before I left NZ last summer. If I had known there was such a huge processing time difference, we would have married in Auckland before I left rather than waiting.

Thanks.

Spousal visa can be (I-130 - for CR1/IR1) but not Fiance(e) (I-129F for K-1) or Spousal (I-129F for K-3). In addition, your 6 mos. residency may be "broken" now since you returned in order to even be considered for the I-130 if you happen to marry

Edited November 12, 2008 by payxibka

[Ed+Cindy 1]

Spousal visa can be (I-130/CR1/IR1) but not Fiance(e) (I-129F/K-1) or Spousal (I-129F/K-3)

I would marry her in Auckland and file for I-130/CR1/IR1, that's not an issue. The question is whether I can do it since I left NZ in May.

Edited November 12, 2008 by Ed+Cindy

[MargotDarko 0]

It's up to the embassy really to decide whether those months out of the country would count as a long trip home or actually a break in residence. If you re-establish yourself in NZ as a resident, it's possible they will accept the I-130 petition there before an additional six months. If the main concern is being with her rather than getting her to the US asap, that's the best route anyway. If you return and marry her there, the worst that will happen is that they say you have to wait until you've been resident for six months from your recent arrival. Then you can be together with her during the entire process. If you can show proof of your residence from all those years, like copies of leases and paystubs from employment, that would make a strong case for them to accept the I-130 petition without waiting an additional six months.

[payxibka 10,047]

Spousal visa can be (I-130/CR1/IR1) but not Fiance(e) (I-129F/K-1) or Spousal (I-129F/K-3)

I would marry her in Auckland and file for I-130/CR1/IR1, that's not an issue. The question is whether I can do it since I left NZ in May.

Only Auckland can answer that question with certainty.

[dlopez86 0]

I just finished doing dcf in Auckland and they are very nice to deal with. I would email the auckland consulate and ask them the question, they always reply and are very helpful.