Jump to content
88lance

Fiance is coming, but I'm leaving??

By 88lance in What Visa Do I Need - Family Based Immigration

 Share

27 posts in this topic

Recommended Posts

88lance Rookie

88lance   1

Posted
Timeline
Posted

New to the site, have an interesting situation.  I'm a US born citizen, and have been dating a girl from another country for awhile now.  Finally going to file the K1 and get her started on coming over here.  BUT, now I have a great job offer in New Zealand. NZ allows me to bring a wife, but we are obviously not married yet. If I leave now, she won't be eligible to join me there for a long time.  So the best option appears for her to come here, we get married, and then we both go. But I dont want to mess up her process of moving to the US.  So, after she arrives, we get married, how long do we have to wait before it is ok for her to leave the US with me for this 3 year project in NZ?  What stage does her process need to be in that it can be "frozen", or sit idle for awhile?   And how long will it take to get to whatever stage that is? There is no huge rush, I have a few years window that I can start this project, i guess basically need to know how long before we can take off to NZ for a few years without messing up her process, because we are coming back afterwards.  Thanks

Link to comment
Share on other sites
Boiler Grand Master

Boiler   45,519

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

She can leave anytime, you would go through the IR1 process when you want to come back, well that takes a year or so. Just a question of  timing.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Link to comment
Share on other sites
Alabamak1 Proficient

Alabamak1   688

Posted
Filed: K-1 Visa Country: Ukraine
 Timeline
Posted (edited)
5 minutes ago, 88lance said:

New to the site, have an interesting situation.  I'm a US born citizen, and have been dating a girl from another country for awhile now.  Finally going to file the K1 and get her started on coming over here.  BUT, now I have a great job offer in New Zealand. NZ allows me to bring a wife, but we are obviously not married yet. If I leave now, she won't be eligible to join me there for a long time.  So the best option appears for her to come here, we get married, and then we both go. But I dont want to mess up her process of moving to the US.  So, after she arrives, we get married, how long do we have to wait before it is ok for her to leave the US with me for this 3 year project in NZ?  What stage does her process need to be in that it can be "frozen", or sit idle for awhile?   And how long will it take to get to whatever stage that is? There is no huge rush, I have a few years window that I can start this project, i guess basically need to know how long before we can take off to NZ for a few years without messing up her process, because we are coming back afterwards.  Thanks

Short answer....for now trying to apply for a visa for her to immigrate to the US is a bad idea. Best is to get married in her home country or wherever is easiest for you to meet with her. When you decide to come to live permanently to the USA....then file spousal visa

Edited by Alabamak1

8/7/2017                    NOA-1

3/1/2018                    NOA-2

3/15/2018                  NVC case received

3/22/2018                  NVC case assigned

3/23/2018                  Consulate ready

4/11/2018                  Medical

4/17/2018                  Visa Approved

4/24/2018                  Visa on hand

5/23/2018                  Point of Entry ATL

5/24/2018                  Marriage license, officiant and certificate / applied for SS#

5/31/2018                  AOS/AP/EAD

6/7/2018                    email notification of NOA-1

6/11/2018                  NOA-1 hard copies for AOS/EAD/AP

6/27/2018                  Biometrics for AOS/EAD

7/7/2018                    ready to be scheduled for interview

7/11/2018                  We are still reviewing your case and there are no updates at this time (email from USCIS)

8/22/2018                  We are still reviewing your case and there are no updates at this time (same email again)

9/5/2018                     We are still reviewing your case and there are no updates at this time (this is getting boring!!!)

10/3/2018                  We are still reviewing your case and there are no updates at this time (this is insanity, 4th time while some got GC)

10/17/2018                After 136 days of wait in HELL, finally EAD in production

10/21/2018                Card was mailed to me, and yes it said so on a Sunday night, while Vj-ing

10/22/2018                Card was picked up by the USPS

10/24/2018                EAD in hand. F%^&& finally

12/28/2018                Interview has been scheduled. Waiting for notification with date by snail mail

Link to comment
Share on other sites
Zeebubs Rookie

Zeebubs   22

Posted
Filed: K-1 Visa Country: New Zealand
 Timeline
Posted

Afaik NZ doesn't require you to be married to bring a partner here, there are a variety of visa options actually, and de-facto partnership is included.  Have you looked at the NZ immigration website thoroughly for your options?  

Link to comment
Share on other sites
TBoneTX Grand Master

TBoneTX   45,294

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

Thread is moved from the K-1 Process forum to the "What Visa Do I Need" forum.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Link to comment
Share on other sites
Going through Mentor

Going through   5,671

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

Why make things more complicated?

Get married in her home country, then the both of you go live in NZ together.  

When you are ready to live in the US, then you file the CR1 spouse visa for her.

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

Link to comment
Share on other sites
88lance Rookie

88lance   1

Posted
Timeline
  • Author
Posted

Thanks for the replies. Great information, I did also look up some partnership options for NZ, but most require to show that you have been living together for several months. I'm not sure if being married means that you dont have to meet that requirement, or if its still necessary to show proof of living together.  If so, we are back to square one, her having to come to the US first so that we can show that we have been together.  Otherwise, straight to NZ sounds like the best option.

Link to comment
Share on other sites
Going through Mentor

Going through   5,671

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted
2 minutes ago, 88lance said:

If so, we are back to square one, her having to come to the US first so that we can show that we have been together.

Or, you travelling to her home country to be with her for a few months...easier (and cheaper) than filing an immigrant petition when not really needed at this point.

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

Link to comment
Share on other sites
sherydenise Explorer

sherydenise   66

Posted
Filed: F-2A Visa Country: New Zealand
 Timeline
Posted
17 hours ago, 88lance said:

Thanks for the replies. Great information, I did also look up some partnership options for NZ, but most require to show that you have been living together for several months. I'm not sure if being married means that you dont have to meet that requirement, or if its still necessary to show proof of living together.  If so, we are back to square one, her having to come to the US first so that we can show that we have been together.  Otherwise, straight to NZ sounds like the best option.

I'm from NZ, you do have to show you have lived, or at least stayed a couple of months in an airbnb or hotel or anything together. I couldn't get my husband a partner visa just so he could visit me because we've only ever spent 2-3 weeks together each time we meet up. She could always visit you in the USA for 2-3 months and get mail or something sent to your address and that is proof.

Link to comment
Share on other sites
88lance Rookie

88lance   1

Posted
Timeline
  • Author
Posted
1 hour ago, sherydenise said:

I'm from NZ, you do have to show you have lived, or at least stayed a couple of months in an airbnb or hotel or anything together. I couldn't get my husband a partner visa just so he could visit me because we've only ever spent 2-3 weeks together each time we meet up. She could always visit you in the USA for 2-3 months and get mail or something sent to your address and that is proof.

Thats a good idea. If mail is all the proof that is needed, that could be done pretty easily.

Link to comment
Share on other sites
88lance Rookie

88lance   1

Posted
Timeline
  • Author
Posted

Just out of curiosity, what stage WOULD her process have to be in for her to be able to leave if she came here first?  I guess she is not allowed to leave on green card without special permission (and probably not for 3 years).  Just wanting to weigh all options, in case I waited a bit before starting the NZ project, what stage would she have to get to, and how long would it take to get to that stage?

Link to comment
Share on other sites
sherydenise Explorer

sherydenise   66

Posted
Filed: F-2A Visa Country: New Zealand
 Timeline
Posted
3 minutes ago, 88lance said:

Thats a good idea. If mail is all the proof that is needed, that could be done pretty easily.

Yeah, if I remember correctly you basically just need something with both your names at the same address. The immigration lady told me even just 3 months worth.

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...