info needed

[buildingabridge 0]

thanks for the thumbs up Kieren...I am a law abiding citizen and get the follow the rules thing we are the same in our country here...I have or had no intention of doing not sticking to visa requirements but surely there have been other people who have been on work visas and then got married and changed their visas... even if I did come on the J1 and left NZ and then got sponsored...I would be able to apply for different visa then. 

[KierenHby 899]

People surely do get married while in the US on other visas.. life happens. 

[buildingabridge 0]

44 minutes ago, buildingabridge said:

yes kierenhby

 

 

[geowrian 22,337]

38 minutes ago, buildingabridge said:

thanks Geowrian...I'm quite happy with my New zealand citizenship and just ultimately want to work, get married and have residency status I'm not wanting to become and American citizen just want to live and stay legally so finding out what the easiest way to do this is.

Understood. Nothing was mentioned about US citizenship...that's your choice to do if you want (or not). While it sounds like what you want to do is simple, it's not quite as simple in practice. To get said visa to permit working in the US without being petitioned by a family member, you need to find a company to sponsor you. J-1 is an option for teachers, but they aren't to easy to come by, and often include a 2 year home residency requirement. Without a waiver (which is not trivial), that means you would need to spend 2 years back in NZ regardless of any future plans (you cannot AOS or get a different visa until the 2 years is up). Otherwise, you need a US company to sponsor a work visa, which is even more difficult to come by.

 

The other options involve having somebody petition for you:

1. K-1 visa: Applies to a fiance of a USC. ETA: 6-8 months. You can enter the US, marry within 90 days, then file for AOS + EAD + AP. EAD and AP take about 3-4 months currently. Once you get the EAD, you can work in the US.
2. CR-1 visa: Applies to the spouse of a USC. ETA: ~1 year. You can work immediately upon arrival into the US.

Personally, I'd look at the K-1 or CR-1 (if you are ready to marry) as those would be the most likely to obtain. Which one to go for depends on how important it is to be together sooner and how important it is for you to be work and travel abroad. CR-1 is cheaper, too. If you're not ready to marry yet, then you can try for the other visas as your next best bet.

 

31 minutes ago, buildingabridge said:

I have or had no intention of doing not sticking to visa requirements but surely there have been other people who have been on work visas and then got married and changed their visas... even if I did come on the J1 and left NZ and then got sponsored...I would be able to apply for different visa then. 

Sure, it happens quite often. The idea is you cannot enter with the intent to stay and file for AOS. If you enter and plan to do a spousal visa and leave later, that's fine.

Edited April 5, 2017 by geowrian

[buildingabridge 0]

35 minutes ago, geowrian said:

Understood. Nothing was mentioned about US citizenship...that's your choice to do if you want (or not). While it sounds like what you want to do is simple, it's not quite as simple in practice. To get said visa to permit working in the US without being petitioned by a family member, you need to find a company to sponsor you. J-1 is an option for teachers, but they aren't to easy to come by, and often include a 2 year home residency requirement. Without a waiver (which is not trivial), that means you would need to spend 2 years back in NZ regardless of any future plans (you cannot AOS or get a different visa until the 2 years is up). Otherwise, you need a US company to sponsor a work visa, which is even more difficult to come by.

 

The other options involve having somebody petition for you:

1. K-1 visa: Applies to a fiance of a USC. ETA: 6-8 months. You can enter the US, marry within 90 days, then file for AOS + EAD + AP. EAD and AP take about 3-4 months currently. Once you get the EAD, you can work in the US.
2. CR-1 visa: Applies to the spouse of a USC. ETA: ~1 year. You can work immediately upon arrival into the US.

Personally, I'd look at the K-1 or CR-1 (if you are ready to marry) as those would be the most likely to obtain. Which one to go for depends on how important it is to be together sooner and how important it is for you to be work and travel abroad. CR-1 is cheaper, too. If you're not ready to marry yet, then you can try for the other visas as your next best bet.

 

Sure, it happens quite often. The idea is you cannot enter with the intent to stay and file for AOS. If you enter and plan to do a spousal visa and leave later, that's fine.

Thanks that looks conducive I have children so I guess the K 2 visa would be the one I apply for...if I do this route get married can I leave the country in the waiting period or would it be advisable to get married and then when the wait period is over and visa approved to go over as I need to provide for my kids 

[geowrian 22,337]

1 minute ago, buildingabridge said:

Thanks that looks conducive I have children so I guess the K 2 visa would be the one I apply for...if I do this route get married can I leave the country in the waiting period or would it be advisable to get married and then when the wait period is over and visa approved to go over as I need to provide for my kids 

If you do the K-1, you will need to marry within 90 days then file for AOS + AP + EAD. You cannot leave the US until you receive AP - doing so would be an abandonment of the AOS application. Once you have AP, you can leave the US for short trips (not to live overseas). The EAD will allow you to work within the US.

 

Once AOS is approved, you'll get a green card and can work and travel abroad fine.

[buildingabridge 0]

45 minutes ago, geowrian said:

If you do the K-1, you will need to marry within 90 days then file for AOS + AP + EAD. You cannot leave the US until you receive AP - doing so would be an abandonment of the AOS application. Once you have AP, you can leave the US for short trips (not to live overseas). The EAD will allow you to work within the US.

 

Once AOS is approved, you'll get a green card and can work and travel abroad fine.

Does the K1 visa allow my children to come to. what is AOS? AP? and EAD please

[buildingabridge 0]

1 minute ago, buildingabridge said:

Does the K1 visa allow my children to come to. what is AOS? AP? and EAD please

also what is the time frame for these please? thanks

[KierenHby 899]

4 minutes ago, buildingabridge said:

Does the K1 visa allow my children to come to. what is AOS? AP? and EAD please

Yes

Adjustment of Status, Advance Parole, Employment Authorization Document

 

2 minutes ago, buildingabridge said:

also what is the time frame for these please? thanks

Approx 6 mos

[buildingabridge 0]

whilst all of this is going on and i'm waiting can my children attend school?

[geowrian 22,337]

16 minutes ago, buildingabridge said:

Does the K1 visa allow my children to come to. what is AOS? AP? and EAD please

Yes, they come via a K-2.

AOS = Adjustment Of Status, which is the process used to obtain a green card while in the US.

AP = Advance Parole, which is a document used to re-enter into the US.

EAD = Employment Authorization Document, which is a work permit.

15 minutes ago, buildingabridge said:

also what is the time frame for these please? thanks

K-1 is about 6-8 months currently (from I-129F filing to visa in hand).

AOS takes about 10 months. You are permitted to stay in the US while this is going on.

EAD and AP take about 3-4 months from AOS filing.

 

5 minutes ago, buildingabridge said:

whilst all of this is going on and i'm waiting can my children attend school?

Yes.

[buildingabridge 0]

2 minutes ago, geowrian said:

Yes, they come via a K-2.

AOS = Adjustment Of Status, which is the process used to obtain a green card while in the US.

AP = Advance Parole, which is a document used to re-enter into the US.

EAD = Employment Authorization Document, which is a work permit.

K-1 is about 6-8 months currently (from I-129F filing to visa in hand).

AOS takes about 10 months. You are permitted to stay in the US while this is going on.

EAD and AP take about 3-4 months from AOS filing.

 

Yes.

Thank you...you have been very helpful...so must one apply for a k1 and k2 or can a k2 not just be applied for? Also I appreciate the earlier comment about not leaving the states...just wondering if it's then better to marry outside the states and wait abroad whilst all this waiting is going on at least then I can continue working here in NZ till all of this is approved.

[buildingabridge 0]

1 minute ago, buildingabridge said:

Thank you...you have been very helpful...so must one apply for a k1 and k2 or can a k2 not just be applied for? Also I appreciate the earlier comment about not leaving the states...just wondering if it's then better to marry outside the states and wait abroad whilst all this waiting is going on at least then I can continue working here in NZ till all of this is approved.

can all of the docs be applied for in one go or must i wait to apply for each one? sorry for the bombardment of questions trying to get a clearer picture in my head.

[geowrian 22,337]

Just now, buildingabridge said:

Thank you...you have been very helpful...so must one apply for a k1 and k2 or can a k2 not just be applied for? Also I appreciate the earlier comment about not leaving the states...just wondering if it's then better to marry outside the states and wait abroad whilst all this waiting is going on at least then I can continue working here in NZ till all of this is approved.

You apply for a K-1 and then list them as derivatives with the application.

 

If continuous ability to work is a concern, then marrying (anywhere) and doing a CR-1 is usually better. No AOS is needed for a CR-1, either.

[Georgia16 2,858]

1 minute ago, buildingabridge said:

Thank you...you have been very helpful...so must one apply for a k1 and k2 or can a k2 not just be applied for? Also I appreciate the earlier comment about not leaving the states...just wondering if it's then better to marry outside the states and wait abroad whilst all this waiting is going on at least then I can continue working here in NZ till all of this is approved.

K-2 can be filed for one year after the K-1 visa was approved if you do wish them to come at the same time as you.

 

I did K-2 he came at the same time as me. And he started school without any problems here all he had to do was the school medical. 

A K-2 can't get a SSN before they get the EAD (that's not the case with K-1) but they can still attend school and they can still get on the medical insurance.

 

If you marry in NZ and do a CR-1 visa then your kids will do a CR-2 visa.

 

Also just so you know most embassies will want a notarized letter from the bio-dad that the kids are allowed to immigrate and stay in the US and some embassies are fine with just proof of sole custody.