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Filed: Timeline
Posted

I'm on a B2 tourist visa to the US, my boyfriend and I met in my home country (NZ) and asked me to come back here.

We want to get married, I'm wondering if I can do this and stay here after that?

I've been totally put off dealing with the US embassy after all the trouble and time it took to come here. We just want to be together!

Does anyone know how this works?

Please help!

Filed: Citizen (apr) Country: Canada
Timeline
Posted (edited)

Was it your intention when you entered the US to get married and stay? The choices available to you will depend on what the answer is to that question.

Edited by Kathryn41

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

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Another Member of the VJ Fluffy Kitty Posse!

Posted

No they weren't. My intention was to play hockey, which I'm doing, but our relationship has become more serious and we are looking at getting married.

In that case I believe it is possible to get marry (here) and then do an AOS (adjustment of status) without much of a hassle, but I am not a lawyer so don't take my word as final. I'm sure others will also reply and will provide information.

Filed: Timeline
Posted

In that case I believe it is possible to get marry (here) and then do an AOS (adjustment of status) without much of a hassle, but I am not a lawyer so don't take my word as final. I'm sure others will also reply and will provide information.

ok thank you

Was it your intention when you entered the US to get married and stay? The choices available to you will depend on what the answer is to that question.

no they werent. my intention was to come here and play hockey, which is what im doing but now our relationship is more serious and we want to marry.

Filed: K-1 Visa Country: New Zealand
Timeline
Posted

Are you planning to just stay on in the US or go back home for a while? If you get a K1 Fiancee visa you need to be back in NZ for your interview.

Mar 2011 - After 5mths denied for lost docs - Attempts to follow up failed. Mar 18 2012 - I-129F sent - No sign of NOA1 but they have banked the check...Jul 24 - Update - USCIS has located our file
Infopass Apt - they sorted through everything - our 2011 and 2012 file keep getting mixed up - getting us a Case# (still waiting) Dec- Infopass Appt- expecting to get a case # in about a week ..Still no Case number

Mar 2013 Infopass - advised file was in a box somewhere,and it would be quicker for us to refile. Life gets in the way... New petition submitted July 2014 .
I-129F Sent : Jul 28 2014
TSC received: Aug 04 2014
I-129F NOA1 : Aug 06 2014
I-129F NOA2 : Feb 25 2015 (NOA2 copy rcd: Mar 02)

Sent to NVC: Mar 09 / Left NVC Apr 1 / Arr Embassy Apr 7 / Pkt 3 Rcd Apr 15 / Medical Apr 17 / Pkt 3 sent May 1 / Interview May 12

Left NZ May 15

Married Aug 10

Posted

In that case I believe it is possible to get marry (here) and then do an AOS (adjustment of status) without much of a hassle, but I am not a lawyer so don't take my word as final. I'm sure others will also reply and will provide information.

Don't take my word for it easier, just commenting from what I have heard.

If you two did not know each other from NZ then it would be much easier. The thing that you would have to prove is that you had no intention of marrying when you came here.

Also it depends on how long you have left on your visa and if you can marry and file for AOS before your visa expires.

BUT, if you can't prove that you didn't intend to marry when you got here, be ready to have to go back to NZ and wait it out while your SO files the I-130 for you.

NOA1 - 12/21/15

NOA2 - 04/18/16

NVC Receive - 04/29/16

NVC Welcome - 05/13/16

DS-261 - 05/14/16

AOS, IV PAID - 05/27/16

DS260 done - 06/10/16

Case Transferred to US Embassy in Riga Latvia at the end of October.

If you really want it, you'll find a way!

Posted

No they weren't. My intention was to play hockey, which I'm doing, but our relationship has become more serious and we are looking at getting married.

If your intentions were only to visit, and not to get married, then surely you left loose ends in NZ that you need to go back and attend to? Rent, belongings, etc. If you get married and plan to stay and adjust status, when will you go back for your belongings? You will not be able to leave the US while you adjust status without getting permission.

Filed: Timeline
Posted

Don't take my word for it easier, just commenting from what I have heard.

If you two did not know each other from NZ then it would be much easier. The thing that you would have to prove is that you had no intention of marrying when you came here.

Also it depends on how long you have left on your visa and if you can marry and file for AOS before your visa expires.

BUT, if you can't prove that you didn't intend to marry when you got here, be ready to have to go back to NZ and wait it out while your SO files the I-130 for you.

how long does the filing take while I'm back in NZ if this is the case?

Filed: K-1 Visa Country: New Zealand
Timeline
Posted

Yes, I would have thought for your B2 you would have needed strong ties in NZ such as job, residence (rental contract at least) and possessions - which means you would need to return to sort those things out. Also, as has been said, it depends how much time you have on your visa.

Mar 2011 - After 5mths denied for lost docs - Attempts to follow up failed. Mar 18 2012 - I-129F sent - No sign of NOA1 but they have banked the check...Jul 24 - Update - USCIS has located our file
Infopass Apt - they sorted through everything - our 2011 and 2012 file keep getting mixed up - getting us a Case# (still waiting) Dec- Infopass Appt- expecting to get a case # in about a week ..Still no Case number

Mar 2013 Infopass - advised file was in a box somewhere,and it would be quicker for us to refile. Life gets in the way... New petition submitted July 2014 .
I-129F Sent : Jul 28 2014
TSC received: Aug 04 2014
I-129F NOA1 : Aug 06 2014
I-129F NOA2 : Feb 25 2015 (NOA2 copy rcd: Mar 02)

Sent to NVC: Mar 09 / Left NVC Apr 1 / Arr Embassy Apr 7 / Pkt 3 Rcd Apr 15 / Medical Apr 17 / Pkt 3 sent May 1 / Interview May 12

Left NZ May 15

Married Aug 10

Filed: Timeline
Posted

If your intentions were only to visit, and not to get married, then surely you left loose ends in NZ that you need to go back and attend to? Rent, belongings, etc. If you get married and plan to stay and adjust status, when will you go back for your belongings? You will not be able to leave the US while you adjust status without getting permission.

I do have loose ends in NZ of course but I have family and friends there able to take care of things until we can be sure things are stable enough for us to travel back and forward without hassle.

Posted

how long does the filing take while I'm back in NZ if this is the case?

I'm not perfectly sure there is and IR1 - CR1 forum here where you can ask that. It can be close to a year in many cases, but I don't know what the NZ embassy is like, whether they are quicker about it.

There's also the embassy info and peoples reviews of their interviews for different visas links at the top of the Page which can give you some clue.

Good luck!

NOA1 - 12/21/15

NOA2 - 04/18/16

NVC Receive - 04/29/16

NVC Welcome - 05/13/16

DS-261 - 05/14/16

AOS, IV PAID - 05/27/16

DS260 done - 06/10/16

Case Transferred to US Embassy in Riga Latvia at the end of October.

If you really want it, you'll find a way!

Filed: K-1 Visa Country: New Zealand
Timeline
Posted

I'm not perfectly sure there is and IR1 - CR1 forum here where you can ask that. It can be close to a year in many cases, but I don't know what the NZ embassy is like, whether they are quicker about it.

There's also the embassy info and peoples reviews of their interviews for different visas links at the top of the Page which can give you some clue.

Good luck!

Yes, agree the other forum (IR1=CR1) is your best option to find out from a marriage first point of view. I know for NZ K1 (fiancee) visas we are quite different to a lot of other countries, but I only know the K1 requirements so best you check with the IR1-CR1 forum and ask their advice. Read any NZ Embassy reviews etc on this site. Best of luck in whatever you decide. (F)

Mar 2011 - After 5mths denied for lost docs - Attempts to follow up failed. Mar 18 2012 - I-129F sent - No sign of NOA1 but they have banked the check...Jul 24 - Update - USCIS has located our file
Infopass Apt - they sorted through everything - our 2011 and 2012 file keep getting mixed up - getting us a Case# (still waiting) Dec- Infopass Appt- expecting to get a case # in about a week ..Still no Case number

Mar 2013 Infopass - advised file was in a box somewhere,and it would be quicker for us to refile. Life gets in the way... New petition submitted July 2014 .
I-129F Sent : Jul 28 2014
TSC received: Aug 04 2014
I-129F NOA1 : Aug 06 2014
I-129F NOA2 : Feb 25 2015 (NOA2 copy rcd: Mar 02)

Sent to NVC: Mar 09 / Left NVC Apr 1 / Arr Embassy Apr 7 / Pkt 3 Rcd Apr 15 / Medical Apr 17 / Pkt 3 sent May 1 / Interview May 12

Left NZ May 15

Married Aug 10

 
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