admitted as K-1, too late to go back to DCF? and anyone done DCF in Auckland?

[evets&netsrik 0]

Hi

I have just been admitted to the US on a K1 visa after 9 months of processing in London.

Through discovering Visa Journeys I have also now discovered Direct Consular Filing. Wish I had known about both of these 10 months ago!

As I now contemplate the long and tedious process of adjustment of status it seems to me I should have considered the DCF route originally - if only we had known!

So my questions?

Is it too late to leave the US and apply again using DCF? does being or not being married make a difference?

Is this a completely ridiculous thing to even contemplate? (although 3ish months sounds much better than the 1.5-2 years USCIS told me yesterday it takes to process adjustment of status!)

I processed my case through London but am also a New Zealand citizen, could I return there to do direct consular filing? My future husband has been living in the US and I have been living in the UK. Has anyone gone through DCF in Auckland?

Any insight hugely appreciated.

[JenT 0]

I'll let the experienced DCF'ers answer most of this from a timeline perspective, but you can leave the US at any time married or not. The question of being allowed back in is another matter altogether.

Personally, I'd get married and settle in for a long happy life together.

Jen

[LastSurvivor 0]

I am not familiar with DCF but why, why, why would you want to leave the U.S. and basically start over. You are together and I assume happy. My AOS process only took 5 months. That is NOT that long a period of time. Beats the heck out of leaving the U.S. since you are together.

LS

[Kez/JWolf 6]

My AOS took 181 days.... but I have seen people in the lsat few months get their greencard within 3 months....

You would be wasting a lot of money to go and start DFC....

Kezzie

[CarolineM 0]

it would indeed cost a lot of money - you have to reapply for the visa, pay all the fees AND the trip for two ppl to NZ. Also the requirements have just recently changed to make it a BIT more difficult (in OZ anyway). There is a nice woman who JUST finished the process in Aukland. She has posted on the thread for AUstralia DCF...

I think if you've already waited this long and you are free to come to the states...why fix it if it ain't broke?

this is her profile.

you could im her if you REALLY felt it necessary to start all over

[meauxna 15]

I'm sure it's not your fault, but in the middle of my brilliant reply to this thread yesterday, my computer completely died. Like I said, I'm sure there's no connection, but I've got a new computer now.

The upshot of my post was: before you get in a lather about this, check out the AOS (I-485) posted processing date for YOUR city. AOS may be quite quick where you live, and not the 2-3 year wait of some offices.

If your office is running at 6 months or so, add up the money--it doesn't make much sense. If it's over a year, then come back and think about re-immigrating when you know more.

[sadie33138 0]

Hi

I have just been admitted to the US on a K1 visa after 9 months of processing in London.

Through discovering Visa Journeys I have also now discovered Direct Consular Filing. Wish I had known about both of these 10 months ago!

As I now contemplate the long and tedious process of adjustment of status it seems to me I should have considered the DCF route originally - if only we had known!

So my questions?

Is it too late to leave the US and apply again using DCF? does being or not being married make a difference?

Is this a completely ridiculous thing to even contemplate? (although 3ish months sounds much better than the 1.5-2 years USCIS told me yesterday it takes to process adjustment of status!)

I processed my case through London but am also a New Zealand citizen, could I return there to do direct consular filing? My future husband has been living in the US and I have been living in the UK. Has anyone gone through DCF in Auckland?

Any insight hugely appreciated.

Hi,

My husband and I just finished DCF through Auckland this past June. The Auckland Consulate is just great and very helpful. If you do DCF in New Zealand it will not be difficult as long as you have all your paperwork in order. Your husband will have to file the I-130 in person and you have to be there for the interview. Your husband is not required to be a resident of New Zealand and there are lots of couples that file after the USC arrives in NZ and marries the NZC in NZ. The NZ Consulate does not answer email but you can call them for information. From the time I filed the I-130 until my husband had his visa was 15 days. Since we had been married over two years, he received a IR-1 visa and just received his 10 year green card 20 days after entry at LAX.

Money wise you would have two round trip tickets to New Zealand, plus accomodations unless you have family there you both could stay with and visa fees. You could call the NZ Consulate and tell them that you have a K1 visa and that you are in the US now but would really prefer to marry in NZ so your family could attend, and after you marry in NZ would they allow your husband to file a I-130 for you. Whatever you decide, I wish you much luck.

Sadie

[evets&netsrik 0]

Thanks for all the responses, and your insight Sadie.

I have just been speaking with the US Consulate in Auckland and what a pleasant change from USCIS or the Embassy in London. You are right they are very helpful and unlike every other office I have encountered actually seem to want to help too!

I have been given a name and number of a person to answer my questions and they have said they will work with us to find a suitable date for us to come in for our interview. They don't mind that I haven't been living in NZ, nor that my husband to be has never lived there, they don't even mind where we get married. The only requirement seems to be that I am a New Zealander with a valid NZ passport.

She explained that different consular officers have different rules which is why we could not file this way in London but can in Auckland. She also told me they advise all NZers to go through this route (CR-1 status) rather than a K-1 application. We will need to re-submit the forms again, not so difficult with all those saved photocopies, and go through the medical again, but having done that I know it will all be fine, but given that this whole process sounds easier and faster than submitting adjustment of status in the US (apps are taking a year for my district office) I think a holiday in NZ may be in our future!

Sadie if you remember could you please share approximate filing costs; medical, interview etc. with me?

[Aussielad 37]

good luck if you decide to do it,...although it will be a tad bit expensive!

[sadie33138 0]

Thanks for all the responses, and your insight Sadie.

I have just been speaking with the US Consulate in Auckland and what a pleasant change from USCIS or the Embassy in London. You are right they are very helpful and unlike every other office I have encountered actually seem to want to help too!

I have been given a name and number of a person to answer my questions and they have said they will work with us to find a suitable date for us to come in for our interview. They don't mind that I haven't been living in NZ, nor that my husband to be has never lived there, they don't even mind where we get married. The only requirement seems to be that I am a New Zealander with a valid NZ passport.

She explained that different consular officers have different rules which is why we could not file this way in London but can in Auckland. She also told me they advise all NZers to go through this route (CR-1 status) rather than a K-1 application. We will need to re-submit the forms again, not so difficult with all those saved photocopies, and go through the medical again, but having done that I know it will all be fine, but given that this whole process sounds easier and faster than submitting adjustment of status in the US (apps are taking a year for my district office) I think a holiday in NZ may be in our future!

Sadie if you remember could you please share approximate filing costs; medical, interview etc. with me?

Great news! I am happy to hear that you called the NZ Consulate, I found them so nice and helpful too and they didn't care where we got married either. Give me a day to go through my papers for the exact costs. Will you be staying in Auckland? We used the medical clinic on Albert Street that is close to the Embassy and I can get the exact cost for you for there. I'll post tomorrow after I have a chance to look this stuff up.

[sadie33138 0]

Costs in Auckland as of May 30, 2006. The convension rate may be different when you file but this should be close and is what is on the instruction sheet they sent me. The Consulate accepts US or NZ dollars. Payment is cash or bank check only.

I-130 - US$185/NZ$296

DS-230 - US$380/NZ$608

Medical costs vary widely in New Zealand so you might want to call around to get prices. We used City Med downtown Auckland. Convenient & close to the Embassy.

City Med, Quay West Bldg, Ground Floor, 8 Albert Street, Auckland, Phone: 377-5525

NZ$180 - US Immigration Med. Exam

NZ$80 - Xray

NZ$16 - HIV test

NZ$15 - VDRL test

NZ$20 - Dip-Tet (Adult)

NZ$311 - Total

My husband had already had a blood titre test to see what immunizations he did or did not need and had already had a pneumonia injection. The blood test was free as we were resident in NZ at the time.

HTH

[michellek1976 0]

Can I have your K-1 visa if you're throwing it out??!!!

I know DCF has major advantages of K-1 but if you're already their with your partner - why change now?

I have been going thru the K-1 process for nearly 6 months and counting. We're still contemplating abandoning it for DCF but I'm afraid the day we get married will be the day we get the I-129F approved.

Consider your work situation - I know for us to DCF my partner would probably have to quit his job to get another vacation down in Australia and that will impact on our proof of support documents.

But if it came down to a choice between grumpy USCIS and Australian/NZ friendly staff - I would definitely prefer to apply down under.

[evets&netsrik 0]

Our thoughts exactly! I spoke with the Consulate in Auckland again yesterday and they are sending me all the info so we can then make a firm decision, but they didn't have time to asnwer any of my other questions. It does seem a lot of trouble and money to go all the way down there but we really just want to get this done and finished! I can't stand the thought of being a prisoner to the USCIS while I adjust my status. Hubbie's work in the US is very understanding, we met through work and they will luckily allow my husband time off to take care of this. And like many others out there I'm not working yet.

Sadie would you be willing to please outline the actual steps and process and about how long they each took? I've read the info here but as it and the lady in Auckland says it's all different. Would the first step be actually filing the I-130 in Auckland? I think I have all the necessary documents; I-130, G-325s, I-864, proof of relationship, vaccinations, and would just need to re-do my medical exam there - the Consulate said this takes 3 weeks and I'm not sure why? maybe waiting for results? Can you use any doctor in Auckland? In London there was only one company you were allowed to visit. I wonder if I got my medical from London if an Auckland doctor would accept that?

Thanks very much.

[meauxna 15]

Can I have your K-1 visa if you're throwing it out??!!!

I know DCF has major advantages of K-1 but if you're already their with your partner - why change now?

I have been going thru the K-1 process for nearly 6 months and counting. We're still contemplating abandoning it for DCF but I'm afraid the day we get married will be the day we get the I-129F approved.

Consider your work situation - I know for us to DCF my partner would probably have to quit his job to get another vacation down in Australia and that will impact on our proof of support documents.

But if it came down to a choice between grumpy USCIS and Australian/NZ friendly staff - I would definitely prefer to apply down under.

michelle,

When apart, I'm sure getting back together seems like the end goal, but there is more ground to cover. The foreign partner is in limbo status until they become a Permanent Resident. There are two ways to do that--AOS or an immigrant visa. There are many very good reasons to get one's PR status earlier than later--different families have different priorities, all of which are OK.

Even if you got the I-129f approval on the day you got married, by filing a DCF case in Australia, you are so far ahead of the K-1 process as to make it worthwhile (for one thing, if it's the day you're getting married, you'd probably be together, so that would solve that issue. )

An Australia DCF does not require the USC to be out of the US for a long time; many people can get it done in a regular vacation stay (long trip for a short time, but hey). It should not impact the average earning situation by much.

Not to argue with you, but if you have misunderstandings that are impacting your decision, I'm sure a lot of folk will be happy to answer your Qs so you have the situation that works best for *you two*.

I've read the info here but as it and the lady in Auckland says it's all different. Would the first step be actually filing the I-130 in Auckland? I think I have all the necessary documents; I-130, G-325s, I-864, proof of relationship, vaccinations, and would just need to re-do my medical exam there - the Consulate said this takes 3 weeks and I'm not sure why? maybe waiting for results? Can you use any doctor in Auckland? In London there was only one company you were allowed to visit. I wonder if I got my medical from London if an Auckland doctor would accept that?

Thanks very much.

I recall that the instructions on their website are very good--be sure to read the info for YOUR Consulate, as the Guide is very general.

I think you can get a medical on shorter notice than that, but the K-1 medical is slightly different and I don't think it can transfer. The vaccine record would help tho.

[michellek1976 0]

Hey Meauxma,

Thanks for your post. I am the Australian citizen and right now for me my priority is being with my man. I haven't giving much consideration to the AOS when I get there because I figured as long as we're together we can manage it.

But we've been waiting nearly 6 months and the unknown is making me phsyically and emotional unwell.

I know you are completely right, I just need to get my fiance to negotiate with his boss!

Edited August 31, 2006 by michellek1976