Embassy's will no longer accept I-130

[payxibka 10,045]

My husband-to-be is the American citizen. I am the New Zealander.

He is on his way here now and we were moving back to the U.S in a couple of weeks (after our wedding).

Can i just go to the U.S on a visitors visa while the I-130 is processed in the U.S?

Do we need to start all over again?

Well you have nothing currently in process, right? Or should I ask when did you canceled the K-1?

[Aphidfreak 0]

I just cannot take this any more. I am so confused. I feel like I am breaking. I just want my husband here with me.

Angie

[Hannah and Grant 0]

we had an appointment for an interview to file the I-130, etc in Auckland. all of that was what was in process. if you mean to say thats now -not- in process, then we have nothing.

the other one was cancelled months ago.

[payxibka 10,045]

we had an appointment for an interview to file the I-130, etc in Auckland. all of that was what was in process. if you mean to say thats now -not- in process, then we have nothing.

the other one was cancelled months ago.

Sounds like you are back to square one.....

[David A. 0]

My husband-to-be is the American citizen. I am the New Zealander.

He is on his way here now and we were moving back to the U.S in a couple of weeks (after our wedding).

Can i just go to the U.S on a visitors visa while the I-130 is processed in the U.S?

Do we need to start all over again?

If the I-130 was never filed, the ONLY thing your husband can do is file the I-130 at the USCIS that has jurisdiction over his home state in the USA. If the I-130 was already filed in Auckland, then the only thing you can do is wait to see what they will do to it and who they will forward it to for final approval.

But like I said, if he has never filed for the I-130, then he must now file it in America.

I'm sorry.

[jpaula 20]

Just to back up a moment...

The Rice memo posted here that was on the AILA website dated 1/25/2007 is posted on the DoS site and dated Jan 7. So, it may not be new info to the consulates. Not sure why it was not implemented until 1/23???

[payxibka 10,045]

My husband-to-be is the American citizen. I am the New Zealander.

He is on his way here now and we were moving back to the U.S in a couple of weeks (after our wedding).

Can i just go to the U.S on a visitors visa while the I-130 is processed in the U.S?

Do we need to start all over again?

If the I-130 was never filed, the ONLY thing your husband can do is file the I-130 at the USCIS that has jurisdiction over his home state in the USA. If the I-130 was already filed in Auckland, then the only thing you can do is wait to see what they will do to it and who they will forward it to for final approval.

But like I said, if he has never filed for the I-130, then he must now file it in America.

I'm sorry.

Not married yet ... Therefore no petition.

Edited January 27, 2007 by fwaguy

[Hannah and Grant 0]

wow...thanks.

i wont bother asking again what some of my options might be, as no one appears to be paying attention to that paticular part of my query.

thanks for solidifying the fact that any plans we had are pretty much screwed now.

[David A. 0]

My husband-to-be is the American citizen. I am the New Zealander.

He is on his way here now and we were moving back to the U.S in a couple of weeks (after our wedding).

Can i just go to the U.S on a visitors visa while the I-130 is processed in the U.S?

Do we need to start all over again?

If the I-130 was never filed, the ONLY thing your husband can do is file the I-130 at the USCIS that has jurisdiction over his home state in the USA. If the I-130 was already filed in Auckland, then the only thing you can do is wait to see what they will do to it and who they will forward it to for final approval.

But like I said, if he has never filed for the I-130, then he must now file it in America.

I'm sorry.

Not married yet ... Therefore no petition.

Oh ya, yup, since you aren't even married yet, then that means he hasn't filed for the petition. Well there you go...

Your only option now is to file in the US. Which may take 6-8 months

[misa 2]

i wont bother asking again what some of my options might be, as no one appears to be paying attention to that paticular part of my query.

Which part? The entering and staying on a visitor's visa? If you were able to get through the POE without showing ties back to New Zealand (job, house, apartment, etc.) you would probably end up overstaying the visitor's visa while waiting out the I-130 processing and you would still have to return to New Zealand for the CR-1 interview.

Sorry, but you are back to square 1. Refile a K1 or get married and file for a K3 or CR-1.

Edited January 27, 2007 by misa

[Hannah and Grant 0]

you people are always such a ray of sunshine.

i dont see why i couldnt visit for the 6 months, then when the 6 months is up, return to New Zealand (while the process is completed) and then re-enter on the spouse visa.

i just want to be able to actually be with my husband and not have to be apart for months and months again.

we hadnt expected this, so its somewhat traumatic.

im just exploring all the options right now.

i dont understand your point about the POE.

explain?

[blueblue 0]

you people are always such a ray of sunshine.

i dont see why i couldnt visit for the 6 months, then when the 6 months is up, return to New Zealand (while the process is completed) and then re-enter on the spouse visa.

i just want to be able to actually be with my husband and not have to be apart for months and months again.

we hadnt expected this, so its somewhat traumatic.

im just exploring all the options right now.

i dont understand your point about the POE.

explain?

Hannah,

Entering on the VWP if you are married to a US citizen is almost impossible. They will expect immigrant intent and you would most likely be denied entry. You are certainly free to try it, as long as you are honest in answering any questions so as not to trigger a misrepresentation accusation. Bring lots of evidence you plan to return to NZ, like your lease you are paying on or deed to your house, your job, bank accounts there, etc. But even with that, especially if you have filed the I-130 or I-129F, chances are very slim. I don't believe there are any repercussions of a denial at POE other than the possible cost and time wasted. I'm sure someone will correct me if there are any other downsides I left out.

Good luck.

[Hannah and Grant 0]

you people are always such a ray of sunshine.

i dont see why i couldnt visit for the 6 months, then when the 6 months is up, return to New Zealand (while the process is completed) and then re-enter on the spouse visa.

i just want to be able to actually be with my husband and not have to be apart for months and months again.

we hadnt expected this, so its somewhat traumatic.

im just exploring all the options right now.

i dont understand your point about the POE.

explain?

Hannah,

Entering on the VWP if you are married to a US citizen is almost impossible. They will expect immigrant intent and you would most likely be denied entry. You are certainly free to try it, as long as you are honest in answering any questions so as not to trigger a misrepresentation accusation. Bring lots of evidence you plan to return to NZ, like your lease you are paying on or deed to your house, your job, bank accounts there, etc. But even with that, especially if you have filed the I-130 or I-129F, chances are very slim. I don't believe there are any repercussions of a denial at POE other than the possible cost and time wasted. I'm sure someone will correct me if there are any other downsides I left out.

Good luck.

im not good with the abbreviations. VWP?

thank you for your reply. this is helpful.

i figured id go to the U.S with my husband (using the airfares wed already paid for, etc) and wed file the I-130 when we got there.

then while that was sorting itself out, we could at least be together for a bit....enjoy being married and such.

i hadnt thought about the whole...being married to him already part.

ugh....this is so horrible.

[David A. 0]

you people are always such a ray of sunshine.

i dont see why i couldnt visit for the 6 months, then when the 6 months is up, return to New Zealand (while the process is completed) and then re-enter on the spouse visa.

i just want to be able to actually be with my husband and not have to be apart for months and months again.

we hadnt expected this, so its somewhat traumatic.

im just exploring all the options right now.

i dont understand your point about the POE.

explain?

If you are entering the U.S. under the VWP (visa waiver program, look it up on the internet), you can only stay up to 90 days. And there is more to the process than just getting the I-130 approved here in the U.S. The I-130 will go through a process here in the U.S., after that, it will then be sent to New Zealand. Then New Zealand will send you some forms and instructions on what to do next, which include applying for a national police report w/fingerprints, medical check up, etc... There is no way you can get all that done if you are sitting in the U.S. Once that is complete, you will send those forms back and then New Zealand will issue you an interview date.

I know you want to be with your husband, and I want to be with my wife. You should see my timeline. We got screwed just a few days before her FINAL interview. If this hadn't changed, my wife would be here permanently after Jan 30!

POE is the Point of Entry. Like LAX.

DCF is over. I know it's traumatic, and there are plenty of people here that can help you with your process. There are plenty of New Zealanders here... just ask around.

Don't waste anymore time. Accept that DCF is over and get your new plan started in a hurry to prevent further delay.

It is possible for you to come here while you are waiting. But if the POE Officer finds that out, you better prove that you will return to New Zealand and not overstay that 90 day limit.

Good luck! we all need it.

[aussiewench 9]

you people are always such a ray of sunshine.

i dont see why i couldnt visit for the 6 months, then when the 6 months is up, return to New Zealand (while the process is completed) and then re-enter on the spouse visa.

i just want to be able to actually be with my husband and not have to be apart for months and months again.

we hadnt expected this, so its somewhat traumatic.

im just exploring all the options right now.

i dont understand your point about the POE.

explain?

Hannah,

Entering on the VWP if you are married to a US citizen is almost impossible. They will expect immigrant intent and you would most likely be denied entry. You are certainly free to try it, as long as you are honest in answering any questions so as not to trigger a misrepresentation accusation. Bring lots of evidence you plan to return to NZ, like your lease you are paying on or deed to your house, your job, bank accounts there, etc. But even with that, especially if you have filed the I-130 or I-129F, chances are very slim. I don't believe there are any repercussions of a denial at POE other than the possible cost and time wasted. I'm sure someone will correct me if there are any other downsides I left out.

Good luck.

im not good with the abbreviations. VWP?

thank you for your reply. this is helpful.

i figured id go to the U.S with my husband (using the airfares wed already paid for, etc) and wed file the I-130 when we got there.

then while that was sorting itself out, we could at least be together for a bit....enjoy being married and such.

i hadnt thought about the whole...being married to him already part.

ugh....this is so horrible.

VWP = Visa Waiver Program

As a newzealander you don't require a visa to enter the US.

I do disagree with blueblue about it being almost impossible to enter the US when married to a USC. Plenty do it. Yes some are denied. Its up to the CBP officer as to whether you are granted entry.