Many Questions! In a bit of a dilemma.

[sentani 0]

Hi all! I haven't posted before, but I have found reading the guides on this website really helpful as we prepare to start the immigration process. Im a New Zealander, and have been married to a US citizen for 2.5 years. We've been living in NZ, and he has his NZ residency. So we thought we could apply for my US residency, when the time came, directly through the consulate. Unfortunately, we were wrong, and the visa person at the embassy told us that no one does direct consular filing anymore (?!) so we will have to do it the long way. So right now we're feeling a bit overwhelmed and stressed because we originally planned to move to the States at the end of this year, but also to have a long holiday overseas at some point because, to be honest, Im burnt out at work and I need one! But now it looks like we're stuck in NZ just waiting for forms to be processed and an interview. However, I am going to apply to graduate programs in the States at the end of this year, for starting study in August 2014. We were wondering if we could still do the travelling we wanted, and not go through all this stress of waiting in New Zealand, if I just got a student visa when (if!) I get accepted into a program, and then adjust my status while I am living in the USA. Does that sound like a really stupid idea or is it worth thinking about?

My other question is: Does anyone know of a good immigration agent/ lawyer they could recommend? My dad is convinced we need one. I'm not sure, but I want to look into it.

Thanks!

[The Mean Lady 604]

You are on a DIY immigration site.

Unless you have major red flags or issues, a lawyer isn't really necessary, but you are welcome to find one if you really wish.

You can travel all you want during the process.

[Ryan H 3,812]

The US Citizen can file the necessary paperwork now (yes it will have to be sent to an intake facility in the US) and you can do all the traveling you want before the interview (even after the interview, just be sure to use the visa to enter the US before it expires).

Even though the necessary paperwork to start the process must be sent to the US, others in a similar situation (US Citizen lives abroad and Direct Consular Filing is unavailable) have reported receiving an adjudication decsion on their petitions quickly. While I can't gaurantee that will be the case in your situation, the probability is high. Therefore, if the paperwork is filed soon, you may be able to meet your timetable of moving to the US by the end of the year. I'll say it again for emphasis, there are no gaurantees that an adjudication decision on the petition will come quickly.

You can read through this thread to see what I am referencing above: http://www.visajourney.com/forums/topic/357465-usc-petitioner-living-abroad/

Regarding a lawyer or agent; all either can do for you is fill out paperwork and submit it, neither can make the process go fast. You will still have to do all the busy work collecting the necessary documents to send to the lawyer or agent.

Unless you have red flags or major issues, then I will suggest familiarizing yourself with the forms and instructions and determine how comfortable you are filling them out and come back on here with any questions you may have. If you are not comfortable with filling out the forms yourself, then professional assistance may be for you; if you are comfortable, then I would say save your money and do it yourself. Ultimately, the decision on whether or not you want to hire a lawyer or agent can only be made by you.

Edited June 25, 2013 by Ryan H