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Hi everyone

 

So I'm a teacher in New Zealand, I have a guy that's also in the states and thought rather than go through the headache of getting him to sponsor me etc. it would be great to get work, bring my kids with me(they under 10) and eventually get married there and settle. I'm reading online and the easiest way to get in is as a teacher on a J1 visa but these visas after a few years require you to go back to the country you from, if we get married in that time can I then apply under another visa to settle there without having to leave...

 

help :)

 

thanks

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Filed: Citizen (apr) Country: Ireland
Timeline

***** Moving from What Visa do I need ******

 

 

Unless you are a specialised teacher (say, extremee special needs) you are unlikely to get a visa to the USA.  If you are sure you want to get married, then that is the easiest way to get a visa and move.  It takes some time (K1- the fiance visa where you get married inside the USA takes about 6 months, but you cannot work right away CR-1, the spousal visa where you apply after the wedding, takes about a year but you can work right away and it is cheapter), but it is not that difficult to get from your country.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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Whatever visa you intend to enter the US on and marry/adjust on; he has to be your main sponsor until you are a US citizen.

01/13/2016: I-129F filed  07/15/2016: K-1 visa in hand
10/13/2016: Filed AOS + EAD/AP.   07/07/2017: Permanent resident (Conditional)
04/16/2019: Filed ROC  11/17/2020: Approved. (10 yr GC)

 

Naturalization                                                        
09/02/2020: Filed (Online)    09/08/2020: NOA1: (NBC
10/22/2020: Biometrics Reuse Notice.  12/22/2020: Online Status Changed to Interview Was Scheduled.  
01/29/2021: N-400 Interview - PASSED! 01/29/2021: Same-day oath ceremony.  

'Merica. 

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18 minutes ago, Georgia16 said:
1 minute ago, Penguin_ie said:

***** Moving from What Visa do I need ******

 

 

Unless you are a specialised teacher (say, extremee special needs) you are unlikely to get a visa to the USA.  If you are sure you want to get married, then that is the easiest way to get a visa and move.  It takes some time (K1- the fiance visa where you get married inside the USA takes about 6 months, but you cannot work right away CR-1, the spousal visa where you apply after the wedding, takes about a year but you can work right away and it is cheapter), but it is not that difficult to get from your country.

What a crock of rubbish...teachers can get work any where in the world...I have already looked into it and there are positions for my subject so getting work not the issue New Zealand teachers are employable most places in the world

 

don't quite get why you say it's a headache ultimately we wanting to be together... I'm well qualified and just want to work as opposed to go there on a spouse visa and not be able to work a few months... your response isn't informative.

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Just now, buildingabridge said:

Thank you for the people responding...don't think people quite get what I'm asking...may just try an actual immigration lawyer online...I'm asking about moving from a J1 visa to the marriage visa and if I'd need to leave the country to do that if I'm working there and then get married would just be easier...wanting to know issues around J1 visas

 

 

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You can't avoid the two year residency requirement on a J-1 visa, even if you are married to a USC. You can get a waiver but you have to qualify for it.

Exceptional hardship to your U.S. citizen or permanent resident spouse or child. If your spouse or any of your children are U.S. citizens or permanent residents, and you can show that your departure from the U.S. would cause them exceptional hardship, you may be granted a waiver. However, USCIS will demand a greater showing of hardship than the “mere” emotional pain of separation or economic or language difficulties that your family would suffer. The classic exceptional hardship case is one in which your family member has a medical problem that would be worsened by your departure or by traveling with you to your home country; or where the family member would be persecuted if he or she returned home with you.

Edited by Dutchster

01/13/2016: I-129F filed  07/15/2016: K-1 visa in hand
10/13/2016: Filed AOS + EAD/AP.   07/07/2017: Permanent resident (Conditional)
04/16/2019: Filed ROC  11/17/2020: Approved. (10 yr GC)

 

Naturalization                                                        
09/02/2020: Filed (Online)    09/08/2020: NOA1: (NBC
10/22/2020: Biometrics Reuse Notice.  12/22/2020: Online Status Changed to Interview Was Scheduled.  
01/29/2021: N-400 Interview - PASSED! 01/29/2021: Same-day oath ceremony.  

'Merica. 

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1 minute ago, buildingabridge said:

My intention was not to use bad language penguin- you have jumped ship and have just assumed i would not get work..this was not the information I was asking for " you won't get work unless you are specialised" 

The actual quote was "Unless you are a specialised teacher (say, extremee special needs) you are unlikely to get a visa to the USA ".

 

There's a huge difference there. Yes, you can get work. No, you are extremely unlikely to get a visa to perform that work in the US

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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2 minutes ago, buildingabridge said:

and from what I read Penguin including from immigration USA when you get the spouse visa there is a wait period you can't just start work immediately till it's approved anywhere from 2-6 months

Not sure what you read, but that's wrong. That applies to the K-1 (fiance) visa. For a CR-1 (spousal) visa, you can work immediately after entry because you will have LPR status already.

 

And to reiterate the above - entering on any non-immigrant visa with the intent to immigrate is visa fraud. This includes a J-1.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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There's a thing in US immigration that says you ought to use the visa you're entering on for that visa's specific purpose. If you enter on a J1 or whatever, working on that J1 should be your primary objective. Now if you later decide to get married while on a visa, that's a different story. 

 

Whether in NZ or in the US, your guy.. or US employer.. has to petition\sponsor you for permanent residence. 

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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