Denied entry VWP

[KimandRuss 0]

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.

Rebecca. I may be married in the eyes of the law but that ended two years ago. How I wish there was still a 'quickie divorce' so I could get this process started! All I can do now is wait for that to be final and then file the K1. You would think (hope/pray) that as long as the divorce was in progress they'd let you at least file for the K1 since it takes so long. We've already got the forms ready! I can only hope that our process goes as fast as yours did!

What do you think the chances of him being allowed here on a visitors visa while the K1 is in progress? I certainly understand why they would deny it but was thinking they might allow it because this process could possibly take up to 10 months for us and it's not like I can stay there in NZ any great length of time because of my kids but I surely see where they would be concerned that he just might just stay. They do make it easier to do all of this that way. Or do they even care about circumstances? Any thoughts?

[KarenCee 3]

Just a thought here...the DCF option which requires you to live in NZ for at least 6 months before filing. You also said you aren't opposed to homeschooling your kids and that you can work from anywhere (online work). Y'know, this could be a temporary solution - moving to NZ and taking your kids with you, homeschooling them temporarily until you're able to complete the DCF process. Since you say your "x" is so supportive, would he be in agreement with something like this? I'm not at all familiar with DCF but from what I've read here and in other places, maybe that would be an option? You and Russ could be together, you wouldn't be separated from your children, etc. With homeschooling them, you would only need to register your intent with your local school board and send in attendance and testing information. You say you have the ability and freedom to work wherever since it's mostly online...

Just a thought...maybe I'm waaaaaaaay off base with it but hey, it's just an idea.

[KimandRuss 0]

Just a thought here...the DCF option which requires you to live in NZ for at least 6 months before filing. You also said you aren't opposed to homeschooling your kids and that you can work from anywhere (online work). Y'know, this could be a temporary solution - moving to NZ and taking your kids with you, homeschooling them temporarily until you're able to complete the DCF process. Since you say your "x" is so supportive, would he be in agreement with something like this? I'm not at all familiar with DCF but from what I've read here and in other places, maybe that would be an option? You and Russ could be together, you wouldn't be separated from your children, etc. With homeschooling them, you would only need to register your intent with your local school board and send in attendance and testing information. You say you have the ability and freedom to work wherever since it's mostly online...

Just a thought...maybe I'm waaaaaaaay off base with it but hey, it's just an idea.

Thank you for your reply. We are looking into this a little more because even the thought of being apart for up to a year is torture. It is something that my children would have to be ok with as well. I would appreciate any input from those who have any experience with it.

thanks again

[TracyTN 237]

Add me to the Scarlett Letter club...!

Guess its a miracle we were ever approved, eh?

[*julez* 124]

Add me to the Scarlett Letter club...!

Guess its a miracle we were ever approved, eh?

Me too I guess all hope is lost for me getting my fiance approved.

[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.

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.

From my anecdotal readings, I would say extra scrutiny to rule out fraud (red flag/recent divorce) is more likely to occur at high fraud posts. I've never read of this being an issue at any consulate where English is the first language of most beneficiaries.

[KimandRuss 0]

Add me to the Scarlett Letter club...!

Guess its a miracle we were ever approved, eh?

Me too I guess all hope is lost for me getting my fiance approved.

Tell me you are just poking fun! I've had about all the ageda I can take for this week!

The DCF seems like a viable option for us if my kids are ok with it and it would be glorious to be able to be with Russell during this arduous process BUT then i'd have to get a resident visa of some kind to travel to N.Z. which couldn't really happen before Christmas, and then worry about the time it will take for the 130, which we could not file for until the six months is up (?)I assume (now it's july), instead of the 129 which we can hopefully get in the works as soon as January and, by current timelines, could be 'done with' by around the same time or soon thereafter. It almost makes more sense to just wait it out and keep trying to find cheap flights to N.Z. in the meantime. Thoughts?

So, after looking around for days now, I find the fees increase and the laws for the DCF (in nz anyway) changed all within the past year... nice.

I'm working on very little sleep here and high levels of stress so if i'm missing something or misguided please let me know.

Edited September 28, 2007 by KimandRuss

[pushbrk 13,166]

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.

From my anecdotal readings, I would say extra scrutiny to rule out fraud (red flag/recent divorce) is more likely to occur at high fraud posts. I've never read of this being an issue at any consulate where English is the first language of most beneficiaries.

Yes, fraud related extra scrutiny is more likely to occur at high fraud posts, no matter what the reason for the scrutiny. Like I said, for some, it is nothing. For others, it is nothing more than an extra question or two. For some it is more hell than you want to imagine. For this OP, it means they used up his VWP option before they filed. The result being the possible relocation of some children or just more time apart than they would have spend otherwise. The issues are practical and/or extra scrutiny related. No scarlet letter. No moral issue. Please give it a rest.

[Caladan 19]

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.

Also worth keeping in mind that what might be considered a red flag for one consulate might not for another, and in general, first-world English-speaking couples from countries with good economies with the VWP agreement do not face a lot of the same scrutiny.

It seems that they can prove a bonafide relationship with the amount of time they've spent together. They don't have to worry about language issues or a high presumption of fraud.

To the OP: since you're not in NZ now, by the time you'd get residency set up there and meet the residency requirement for DCF, you might just be better off filing an fiance petition and saving up for another visit. Plus, then you'd keep your job here (read up on sponsorship) and your kids' life mostly undisturbed.

[TracyTN 237]

Add me to the Scarlett Letter club...!

Guess its a miracle we were ever approved, eh?

Me too I guess all hope is lost for me getting my fiance approved.

Tell me you are just poking fun! I've had about all the ageda I can take for this week!

And I ditto what Caladan said - I'd go ahead and apply for the fiance visa. You'd still be working towards getting him here, but you'd not have to uproot your lives and would still be able to visit him while you wait it out.

[KimandRuss 0]

thank you folks so much for taking the time to reply. I really do appreciate it.

While I appreciate the concern for my situation, I'm almost certain fraud is not going to be a problem for us. We've known each other since 1997, a visit in 2002, almost daily documented conversation since way back when. We have more than enough proof of our relationship since 2005. Including many overseas trips together thinking we were abiding by the law.

After all the research, I came to the same conclusion that as soon as my divorce is final the form will be mailed overnight to get the process started of getting my baby home to me! In the meantime i'll work more, save more, travel more to see him on my VW. Hopefully without issues at the NZ border. Having kids at home and a K1 in progress should be proof enough i'm leaving to come home.

What a tease it was reading the story of how the DCF regulations used to be as early as this year, though.

thanks again

[no name 1]

Add me to the Scarlett Letter club...!

Guess its a miracle we were ever approved, eh?

Me too I guess all hope is lost for me getting my fiance approved.

Might as well give up now, J. You sissie. Tracy fingers crossed they approve your AOS!

[no name 1]

thank you folks so much for taking the time to reply. I really do appreciate it.

While I appreciate the concern for my situation, I'm almost certain fraud is not going to be a problem for us. We've known each other since 1997, a visit in 2002, almost daily documented conversation since way back when. We have more than enough proof of our relationship since 2005. Including many overseas trips together thinking we were abiding by the law.

After all the research, I came to the same conclusion that as soon as my divorce is final the form will be mailed overnight to get the process started of getting my baby home to me! In the meantime i'll work more, save more, travel more to see him on my VW. Hopefully without issues at the NZ border. Having kids at home and a K1 in progress should be proof enough i'm leaving to come home.

What a tease it was reading the story of how the DCF regulations used to be as early as this year, though.

thanks again

Sounds good! Start reading the guides now & gathering evidence so you can pop it in the mail when the time comes.

The thing about you potentially going to NZ for a bit is that you need a residency visa to live there/file DCF. I have not read up on it recently but a few years ago I did & it wasn't easy to get.

[TracyTN 237]

Might as well give up now, J. You sissie. Tracy fingers crossed they approve your AOS!

We can only hope!

[*julez* 124]

Add me to the Scarlett Letter club...!

Guess its a miracle we were ever approved, eh?

Me too I guess all hope is lost for me getting my fiance approved.

Might as well give up now, J. You sissie. Tracy fingers crossed they approve your AOS!

Thanks for the vote of confidence. I am defeated! You really are a devil.