Denied entry VWP

[brynah 0]

I'm a little confused with the other discussion that is going on. Are you talking about me going there to be with him with my children until we are approved for 'whatever'?

Anything is possible at this point. I work for myself and mostly online so I can, and have, worked from abroad before. My family, including my 'x', is supportive of this relationship and helps in any way they can...including financially. My only problem would be my children's schooling. I am not opposed to schooling them myself BUT it is an issue we have not even addressed as of yet.

Is this what you mean?

It is called direct consulate filing or DCF. If you can live in NZ for the consulate required time (typically 6 mos or more) then you can file the I-130 directly with the consulate and thereby avoiding the USCIS service center backlog and the NVC processing.

Also, by "resident" they require you being there on some sort of "permanent resident" visa. Therefore, going there as a tourist and just staying for six months would not count.

[KimandRuss 0]

why is there no emoticon pulling it's hair out????

[Krikit 1,164]

why is there no emoticon pulling it's hair out????

Here ya go....

[KimandRuss 0]

ahh yes, that one suits much better right now! TY

[payxibka 10,045]

From the US Embassy in NZ's website:

Acceptance of I-130 Petitions – 20 March 2007

Effective immediately consular posts abroad are authorized to accept petitions for immediate relative immigrant classification from American citizens who are resident in their consular districts........

NOTE: To demonstrate residency in a consular district the American Citizen petitioners must be able to show that they have permission to reside in the consular district and that they have been doing so continuously for at least six months before filing the petition. Individuals who are in the country on a temporary status such as student or tourist would NOT be considered to meet the residency standard.

http://wellington.usembassy.gov/qualify.html

[KimandRuss 0]

From the US Embassy in NZ's website:

Acceptance of I-130 Petitions – 20 March 2007

Effective immediately consular posts abroad are authorized to accept petitions for immediate relative immigrant classification from American citizens who are resident in their consular districts........

NOTE: To demonstrate residency in a consular district the American Citizen petitioners must be able to show that they have permission to reside in the consular district and that they have been doing so continuously for at least six months before filing the petition. Individuals who are in the country on a temporary status such as student or tourist would NOT be considered to meet the residency standard.

http://wellington.usembassy.gov/qualify.html

thank you fwaguy! Yet another option, seems unlikely for my current situation, but an option nonetheless.

[pushbrk 12,876]

From the US Embassy in NZ's website:

Acceptance of I-130 Petitions – 20 March 2007

Effective immediately consular posts abroad are authorized to accept petitions for immediate relative immigrant classification from American citizens who are resident in their consular districts........

NOTE: To demonstrate residency in a consular district the American Citizen petitioners must be able to show that they have permission to reside in the consular district and that they have been doing so continuously for at least six months before filing the petition. Individuals who are in the country on a temporary status such as student or tourist would NOT be considered to meet the residency standard.

http://wellington.usembassy.gov/qualify.html

thank you fwaguy! Yet another option, seems unlikely for my current situation, but an option nonetheless.

I understand pulling your hair out and all the frustration. Being apart from your intended or actual life partner is no picnic. However, it is important to face the fact or realities, if you will, of the situation. For whatever reason, you are still a married woman. You and Russ knew that when you started your relationship and so knew you could start no process to facilitate residing together in the same country until after you were divorced. For whatever reasons, (probably good ones) you have delayed your divorce, while at the same time using up his VWP welcome time in the process.

Now its time to step back and take a hard look at your options and plan accordingly. You've started that process but it's "no place for sissies". Time to Cowboy and Cowgirl up and get with the program of finding a program and getting with it. First step is to become eligible to marry.

[KimandRuss 0]

Thank you for your 'frank' reply.

Yes, we knew I was still married, but I took care of my paperwork and my parenting classes way back last year in june before I even travelled to NZ the first time. Circumstances change, things happen.

I realize we need to be strong and 'cowboy up' (btw HUGE red sox fan here!) but please do not assume that we are/were just uneducated to the process and went about this without any forethought. We wanted to be together... things happened... it's that simple.

Thanks again.

[athena_ny 1]

Thank you for your 'frank' reply.

Yes, we knew I was still married, but I took care of my paperwork and my parenting classes way back last year in june before I even travelled to NZ the first time. Circumstances change, things happen.

I realize we need to be strong and 'cowboy up' (btw HUGE red sox fan here!) but please do not assume that we are/were just uneducated to the process and went about this without any forethought. We wanted to be together... things happened... it's that simple.

Thanks again.

GO RED SOX! WE STILL BELIEVE

I couldn't resist.

[pushbrk 12,876]

Thank you for your 'frank' reply.

Yes, we knew I was still married, but I took care of my paperwork and my parenting classes way back last year in june before I even travelled to NZ the first time. Circumstances change, things happen.

I realize we need to be strong and 'cowboy up' (btw HUGE red sox fan here!) but please do not assume that we are/were just uneducated to the process and went about this without any forethought. We wanted to be together... things happened... it's that simple.

Thanks again.

I wouldn't waist any time or effort concerning yourself with what I might think about your forethought. It's not my place to judge that anyway and so I'm not. My statements were looking to the future.

[no name 1]

It's waste, btw. I'm pretty sure telling them it's 'no place for sissies' & 'Time to Cowboy and Cowgirl up and get with the program of finding a program and getting with it' is judgemental....

---

KimandRuss, do not be put off by his 'straight talk' or 'frank' talk. Most of us aren't bothered.

Edited September 27, 2007 by devilette

[pushbrk 12,876]

It's waste, btw. I'm pretty sure telling them it's 'no place for sissies' & 'Time to Cowboy and Cowgirl up and get with the program of finding a program and getting with it' is judgemental....

You bet it's judgmental. I'm not judging their forethought. I'm suggesting a future course of action. If judgmental was a four letter word, it would apply to your post and a heck of a lot of everybody else's including mine. No need for the high horse. We give opinions here. I hope we use good judgment in doing so.

[KimandRuss 0]

'meow mix'... Here's to another 'ring' this year for our boys!

pushbrk... while I truly appreciate your taking the time to reply to my questions I too feel that your need to explain my own circumstances to me is a bit pretentious on your part and believe that's what others here are referring to. There really is no need for you to point the obvious out to me other than for you to judge the circumstances I now find myself in. I have taken a good hard look at our options, that is why I am posting with you good folks. As far as the sissie comment goes... I am a mother who has buried a child... there isn't anything I can't do. Of course I am frustrated by this process because I want to be with the man I love but make no mistake, i'm in it to win it.

Thank you again for your advice and counsel... i'm quite sure i've found the place to get my answers and look forward to getting to know you all.

[rebeccajo 14]

I was still married when I met my husband. It ain't no secret around here.

Welcome to the Scarlet Letter Club...........you'll be just fine. There's loads of us.

[pushbrk 12,876]

I was still married when I met my husband. It ain't no secret around here.

Welcome to the Scarlet Letter Club...........you'll be just fine. There's loads of us.

Not sure where you get the scarlet letter idea. There are practical problems that often come up in the visa process for relationships that begin when one or more of the parties is married. Any judgment made by a Consular Officer shouldn't be a moral one. (Can't speak for what actually happens.) The issues generally involve extra scrutiny to rule out fraud, not moral labels. Some sail through easily. Others go through more hell than you want to imagine. Most just answer a couple extra questions and make extra certain their bona fide evidence is in order.

In this case, the couple can't use the VWP during the visa process because that option was exhausted before they could start the process. No need to imagine nonexistant moralizing when the practical issues are so real. Also no need to pretend the emporer has new clothes.