What to do if you eloped?

[Melinda Murphy 0]

Hi,

Here is my and my husband's situation. After getting to know one another on-line for just over a year, he came to visit and stayed for one month. We knew then that one day we wanted to get married, but had no set plans on where we would live, the U.S. or New Zealand or even somewhere else. He returned for three months about two and a half months after his first visit, waving the visa. Our intention was just to have another visit. However, towards the end of his visit, we were very certain that marriage was what we wanted, so we were legally married in the U.S., our intention being that I would immigrate to N.Z. His three months being up, he returned home. Because of legal reasons (I have physical custody, but not legal custody of my two children from a previous marriage) immigrating to N.Z. just does not seem possible for several years. We desperately want to be together and the children miss him too, so we're looking into the possibility of him immigrating here as a permanent resident. I have the I-130 form, the G-325A form, and the I-864 form. What USCIS did not mention on their phone menu or send me was a K-3 form. Where do I get one? Also, he would like to return on a visa to at least visit, and hopefully stay. Is there any other sort of visa he should apply for? Can he apply for a visitor's visa and then once here, file an I-130 and a K-3? We're terribly confused.

Thanks!

[Anh map 2,098]

The Guides at the top of the VJ page are a great place to start your research. There are many sample forms and timelines as well.

Coming to visit your USC spouse and telling the immigration official that it's just a visit might not be too believable. He could get turned away at the US POE. Coming as a tourist with a visa, or coming from a visa waiver country, with the intent to adjust status isn't legal.

Surf around VJ a bit. You've found a great do it yourself resource if you decide to go that way (w/o an attorney).

[Melinda Murphy 0]

The Guides at the top of the VJ page are a great place to start your research. There are many sample forms and timelines as well.

Coming to visit your USC spouse and telling the immigration official that it's just a visit might not be too believable. He could get turned away at the US POE. Coming as a tourist with a visa, or coming from a visa waiver country, with the intent to adjust status isn't legal.

Surf around VJ a bit. You've found a great do it yourself resource if you decide to go that way (w/o an attorney).

Would you suggest hiring an attorney?

[TBoneTX 45,889]

Would you suggest hiring an attorney?

It certainly wouldn't hurt, in your situation. See:

http://www.fosterquan.com

and register for their e-mail or phone consultation. In my experience, it was worth far, far more than the (very reasonable) fee.

[Frenchwife 1]

would not go for K3

just go witth I130

don t believe that k3 is quicker

just adds a form and adds time to processing.

which service center would handle you?

California - CSC has been very quick and effective recently.

[chinese_mutt 11]

file an I-130 (CR1); if you want you can go ahead and file I-129f (K3) too.

just make sure you have all kinds of proof of bonafide relationship.

i don't think they'll let him in on a tourist visa though... saying you're coming in to visit your wife and not stay illegally is unbelievable.

like everything else, have faith and patience.. your time will come too.

[canadian_wife 1,826]

Your husband can certainly come and visit you (know that it is up to the CO if he is allowed in) however he cannot 'just stay'. He will have to return to NZ to finish the process. Be careful not to overstay

K3 seems obsolete to me, Go for the CR-1

[Reba 2]

There is no need for a lawyer, and there's nothing a lawyer can do for you at this point other than take your money. You can do the paperwork on your own, but I would not recommend that your husband come here on VWP and then try to stay and adjust status. IF they let him in at all, any application for AOS could well be denied, and then he'd be under immediate deporation proceedings, and banned from re-entry. Then you're stuck here, and he's stuck in NZ for life.

Just do the CR1 process, with the I-130 etc. He can try to visit you during the processing, but there is no guarantee that they will let him enter. He has more binding ties to the US than he does NZ, just because he's married to you. It won't matter if he's got a job and owns a home or two in NZ. If he can afford to lose the airfare though, it can't hurt to try. A denial of B2 status has no negative affect on any subsequent immigrant application.