I need some advice, not sure if this is the right visa for me

[X Factor 1,112]

Why does that even matter??

Because some do apply for the same sex and it is very difficult to get approved.

[BaBamSam 239]

Why does that even matter??

I believe they were asking because the OP used the term "partner", which didn't reveal - kudos to together4never13 for not following heteronormativity.

They were asking because the US government does not recognize same-sex engagements or marriages and family visas would not be applicable if the OP was in a same-sex relationship.

Because some do apply for the same sex and it is very difficult to get approved.

Actually, it's impossible to get approved because the US government does not recognize same-sex relationships. It's a federal thing, so it doesn't matter which state is involved. EDIT: on the K-1 or CR-1 visa, that is.

Edited March 12, 2013 by BaBamSam

[Boiler 45,572]

9 months to a year.

[mea25 1]

thanks

[Ontarkie 14,234]

~~~~Thread merged with similar thread and moved to Genaral immigration Discussion as the OP exploring options~~~~

[mea25 1]

thanks Ontarkie I realised I posted in the wrong place, then got confused and then felt bad for cluttering up the place.

[bt1 42]

thanks

I think your predicament is actually quite tricky, because it's not worth the money and time applying for a K1 (it takes around 9 months from start to entry to the US and then takes another 2-3 months to get work authorization: by the time you get it, it will be time for you to go back to NZ). I think your best option is to come and visit for 3 months, go back to NZ for some time, then come back again for another 3 month visit.

Edited March 12, 2013 by bt1

[bigdog 376]

Why does that even matter??

I think because of the term "Partner".

I think your predicament is actually quite tricky, because it's not worth the money and time applying for a K1 (it takes around 9 months from start to entry to the US and then takes another 2-3 months to get work authorization: by the time you get it, it will be time for you to go back to NZ). I think your best option is to come and visit for 3 months, go back to NZ for some time, then come back again for another 3 month visit.

:thumbs:Visiting OK, visit to immigrate is not.

[Hershey888 5]

Its useless! K1 petition is not included in this transfer..

[Dave&Roza 748]

Thanks for your comments.

My guy plans to come here to live, although that won't be until June 2014, as his daughter is having a baby and he wants to be there for her first year, so I said I will come there for a year, as I don't want to be apart from him any longer.

I think that the fiance visa will be the best option, I was just worried about him having to start off the process and fill in all the paperwork as he gets headaches a lot and doesn't need all the added stress, I will need to discuss it with him.

Why bother with any type of immigration visa K-1 or CR-1/IR-1 if you do not intend to live in the US after the marriage? If you just want to visit until he can go to your country, why not just get married and visit on a tourist visa for 90-days, return home for 90-days+ and then return again? Why spend all the time and money to become a LPR when you want to live in your country and will lose your LPR status after remaining outside the US for more than one year unless you get a re-entry permit. The whole point of either visa is for the foreign born spouse to immigrate to the US. Sounds like that is not what you want to do at this time. Just be aware that any over-stay might have conquenses to your future plans.

Good luck,

Dave

[mea25 1]

Thank you for all your advice.

I didn't realise it would be so difficult and it is really getting quite confusing and upsetting now.

I wouldn't have been thinking of the fiance visa if he was able to come to me sooner, but we want to get married and with my limited research at the time I thought that would be the way to go.

From next year we plan to live in NZ most of the time, but to visit the US once a year, until we can live in the US permanently.

He is a disabled veteran and I would have been with him long ago but with complications on both sides it hasn't been possible and we're finally able to make it happen and it's looking like it won't be able to work how we have been planning. I want to be able to give him my full support and love and I feel very useless being so far away.

Thank you again, I do really appreciate all your advice.

[familiaunida 0]

Do not overstay your visa - make the rigth decision . If it's demonstrated the immigrant knew the person to whom they married prior to arrival and that fact was not disclosed or intentionally omitted it may result in a visa fraud determination rendering her inadmissible. See INA § 212(a)(6)©(i)

[BirdyGirl85 23]

Could you maybe get a tourist visa? I know she is from a Visa Waver Program country, but my friend from Australia got a tourist visa for the U.S. so she was able to stay in the U.S. for six months at a time instead of three. I have no idea how long that takes to get though, or how much it costs.

[VanessaTony 3,567]

Could you maybe get a tourist visa? I know she is from a Visa Waver Program country, but my friend from Australia got a tourist visa for the U.S. so she was able to stay in the U.S. for six months at a time instead of three. I have no idea how long that takes to get though, or how much it costs.

The risk of that though is if the tourist visa is denied they won't be able to use the VWP again.

[BirdyGirl85 23]

Oh, I didn't know that.