NZer wanting to marry my US boyfriend

[Boiler 46,359]

Nothing to stop you marrying on a visitor visa anyway.

Not an issue.

If you need to go back to NZ then look at CR1, if not adjust in country.

[Harpa Timsah 13,258]

even though I came here with no intent to marry? I just want to make sure we're not going to get caught up anywhere. I declared I had a US boyfriend though and I'm worried that the embassy will think that it was my original intent to marry him when it wasn't.

Since you came with no intent to marry or stay and you had a change of plans and changed your mind, the AOS option is open to you. If you don't like that option, then you can do CR-1 and go home for a bit.

It's GOOD that you declared you had a boyfriend. That shows you are telling the truth. You had no intent to immigrate on this entrance, so you should relax and choose which option you like. A lot of people don't have a choice to AOS - but you do, on this trip, right now. You can't "recreate" these circumstances. One path is not easier than the other (AOS is shorter though) - they result in the same privilege (Greencard) and you will have to show the same things for both.

I would start reading the guides for both and make a decision based on what fits better with your life plans.

Understand that because this is a "hot topic" on the front page, people are reading and responding who would not normally read these threads. A lot of people aren't familiar with AOS and think it is risky or illegal or un-wise or a number of things. Not all people can file for AOS, however, but from what you have said here, you are eligible. Therefore, choose whichever you find better suited to your life plans. If you want to start married life now, and can withstand being stuck here for a few months until you get travel permission, then file for AOS. If you don't like that, then file CR-1.

Edit: Look into the extra requirements for people with arrests, though. Good luck.

Edited June 3, 2011 by Harpa Timsah

[Boiler 46,359]

AOS is the most common route.

Just not on this site.

[weemac115 0]

Yeah I was worried about that too, my intent was not to marry him but I understand they may think it was as I was honest and did tel them when I arrived that my boyfriend lives here. Marriage back in NZ would be easier?

We have talked a lot about it in the last few days and have decided that we can both deal with me going back to NZ for the 'waiting period'. My next question is, If we get married now, will it be considered fraud because we were together before I entered the US? even though there was no premeditation?

[weemac115 0]

Yeah I was worried about that too, my intent was not to marry him but I understand they may think it was as I was honest and did tel them when I arrived that my boyfriend lives here. Marriage back in NZ would be easier?

We have talked a lot about it in the last few days and have decided that we can both deal with me going back to NZ for the 'waiting period'. My next question is, If we get married now, will it be considered fraud because we were together before I entered the US? even though there was no premeditation?

[Harpa Timsah 13,258]

We have talked a lot about it in the last few days and have decided that we can both deal with me going back to NZ for the 'waiting period'. My next question is, If we get married now, will it be considered fraud because we were together before I entered the US? even though there was no premeditation?

Not at all. It is legal to marry on a tourist visa. Think of all the foreign couples who go get married in Vegas because it's fun.

[weemac115 0]

Not at all. It is legal to marry on a tourist visa. Think of all the foreign couples who go get married in Vegas because it's fun.

ok, so regardless of anything we can get married right now as long as i go back to nz when my visa is due to expire? correct? and then he does the next step from here in the US? Can we start the next step right away?

[Ryan H 3,834]

ok, so regardless of anything we can get married right now as long as i go back to nz when my visa is due to expire? correct? and then he does the next step from here in the US? Can we start the next step right away?

Yes and yes. The next step after marriage is filing the I-130.

Edited June 3, 2011 by Ryan H

[weemac115 0]

Since you came with no intent to marry or stay and you had a change of plans and changed your mind, the AOS option is open to you. If you don't like that option, then you can do CR-1 and go home for a bit.

It's GOOD that you declared you had a boyfriend. That shows you are telling the truth. You had no intent to immigrate on this entrance, so you should relax and choose which option you like. A lot of people don't have a choice to AOS - but you do, on this trip, right now. You can't "recreate" these circumstances. One path is not easier than the other (AOS is shorter though) - they result in the same privilege (Greencard) and you will have to show the same things for both.

I would start reading the guides for both and make a decision based on what fits better with your life plans.

Understand that because this is a "hot topic" on the front page, people are reading and responding who would not normally read these threads. A lot of people aren't familiar with AOS and think it is risky or illegal or un-wise or a number of things. Not all people can file for AOS, however, but from what you have said here, you are eligible. Therefore, choose whichever you find better suited to your life plans. If you want to start married life now, and can withstand being stuck here for a few months until you get travel permission, then file for AOS. If you don't like that, then file CR-1.

Edit: Look into the extra requirements for people with arrests, though. Good luck.

What I'm worried about is that I was declined my first visa application because the consulate believed that I did not have enough ties back in NZ. In my next application which was successful I provided information about my job which I would be returning to in October. In my second interview however the interviewer asked about my fiance in the US. I made it very clear that my boyfriend and I had no intent to marry and that the information that I had a fiance was incorrect. However how do I know that this is not still on my record? This would give them reason to believe that if I filed for AOS then my application was fraudulant, which is not the case.

[Boiler 46,359]

No

[cacahuete 2]

If you got married now and filed the I-130 for a spouse visa, you shouldn't have too long to wait in New Zealand after October. Once the I-130 petition is approved and sent to New Zealand, the US consulate can schedule interviews quite quickly as there are not many applicants in New Zealand. Once you return the documents to the consulate the interview is usually only a couple of weeks later, sometimes even sooner. I am in the process of applying for my third visa and the US consulate is very easy to deal with if you have the right documents. If you have to send them an email query they will reply to you in just a couple of days.

I was in a similar situation, I was on a B2 visa and thought about adjusting status in the US but I decided to go back home and apply for a fiancee visa as I figured I would need to go back at some stage anyway. Plus, I already had my return ticket which could not be extended.

[kelzm 0]

I came over on a tourist visa and got married here in the USA. A couple of days after the wedding (once the wedding certificate was ready) we sent in the I-130 application. I went back to NZ and finished the rest of the process there. You should have no problems doing it this way if you choose to marry and return home rather than stay and adjust status.

[ValerieA 350]

I was married to my husband already when I decided to come visit him for a few months while waiting for the CR-1 process. Circumstances changed after I had been here for a few months, and I ended up simply AOSing. I had 2 DUIs in Canada, and for the CR-1 process, I would have needed to provide a criminal record check from the RCMP, based on fingerprints, not the simple name check that is all most Canadians have to provide - check NZ-specific rules for what you would need to provide. For the AOS, I simply provided the court records for them, which I received through the mail in less than a month (the criminal record search was going to take up to 6 months).

Again, for a CR-1 you need to check country-specific rules for what is required evidence. For the AOS, you provide court records (request multiple copies, since you need them at every stage - AOS, removing conditions).