ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
1995-
ILW.COM,
American
Immigration LLC.

Page 1 of 2 12 LastLast
Results 1 to 10 of 11

Thread: My story and a couple of questions.

  1. #1
    Since I've been posting here, I thought I should let people know my situation. A rambling post, and I apologize in advance.

    I'm a New Zealander by birth, currently residing in the town I was born. My husband is a USC and we have been married for almost 9 years. He emigrated to New Zealand 9 months after our marriage (a lengthy separation will do that. LOL). Last year, several factors made us rethink our plans and he moved back to the US in December, leaving my sons and I to wait to be allowed to join him. Our I-130's were approved in late June and we're now waiting for the paperwork to appear at the Consulate here.

    During that wait, I came by this site and others seeking information. It was difficult to work out exactly what happened after the I-130's were approved, as most sites dealt with applicants that were currently in the US. I have found most of the answers, but there are a couple of things that still niggle. First of all, conditional residency. I'm fairly certain that the length of our marriage means that it's not applicable, but would like clarification. Also, I entered the US on a visa waiver almost 9 years ago, unaware that my husband was about to propose. I did not breach the length of my waiver. In fact, the duration of my visit was a total of only 16 days, far short of the 90 allowed and it was my first (and currently only) visit to the US. After reading some posts however, I am concerned that despite how oblivious I was to the upcoming proposal or how short the duration of my stay, it may come back to bite me.

    Again, I apologize for the length of this post, and thank you in advance for any help you can offer.
    **************************************
    The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

  2. #2
    Since I've been posting here, I thought I should let people know my situation. A rambling post, and I apologize in advance.

    I'm a New Zealander by birth, currently residing in the town I was born. My husband is a USC and we have been married for almost 9 years. He emigrated to New Zealand 9 months after our marriage (a lengthy separation will do that. LOL). Last year, several factors made us rethink our plans and he moved back to the US in December, leaving my sons and I to wait to be allowed to join him. Our I-130's were approved in late June and we're now waiting for the paperwork to appear at the Consulate here.

    During that wait, I came by this site and others seeking information. It was difficult to work out exactly what happened after the I-130's were approved, as most sites dealt with applicants that were currently in the US. I have found most of the answers, but there are a couple of things that still niggle. First of all, conditional residency. I'm fairly certain that the length of our marriage means that it's not applicable, but would like clarification. Also, I entered the US on a visa waiver almost 9 years ago, unaware that my husband was about to propose. I did not breach the length of my waiver. In fact, the duration of my visit was a total of only 16 days, far short of the 90 allowed and it was my first (and currently only) visit to the US. After reading some posts however, I am concerned that despite how oblivious I was to the upcoming proposal or how short the duration of my stay, it may come back to bite me.

    Again, I apologize for the length of this post, and thank you in advance for any help you can offer.
    **************************************
    The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

  3. #3
    Why are you filng through the US rather than the local Consulate?.

    Straight to PR status if you have Been married for 2 years or more.

    You can marry on the VWP it specifcally states that, you need to leave, you did that.

  4. #4
    We filed through the US mostly because all the documentation we found stated that it should be filed in the country of marriage.

    His leaving was rushed due to an irresistible job offer, and at the time, we couldn't find anything that indicated any difference in the timeline between filing in NZ or in the US, or as above, information that we could file here since we married stateside. Of course, now we know better, but it's too late.

    It's good to know that the fact we married on the VWP is negligible. Thanks!
    **************************************
    The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

  5. #5
    New Zealand is a beautiful country (so I heard), and should your visa be denied I am sure it won't be a biggie for you (bah, who cares about anything but where one lives)

    Per your questions:

    1. Qualified alien married for more than 2 years - unconditional LPR (if granted)

    2. No knowledge of implications of marrying 16 days after admission on WVP.

    Consult an immigration attorney for legal advice.

  6. #6
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by RationalE:
    New Zealand is a beautiful country (so I heard), and should your visa be denied I am sure it won't be a biggie for you </div></BLOCKQUOTE>

    It is a beautiful country and I am extremely proud to be a Kiwi. Any naysayers who may doubt my marriage should first ask themselves why I would trade my home country for Las Vegas (yes, that's where we're going. LOL).

    Thank you for clarification on the conditional residence. Will that also apply for my children?

    We also applied for I-129F concurrently, but as yet, haven't heard anything.
    **************************************
    The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

  7. #7

  8. #8
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by RationalE:
    Oxygen </div></BLOCKQUOTE>

    Very cute! I live at the very southern end of the country and have holidayed at this this spot for as long as I remember. We would take our horses with us and spend hours exploring. I think I was about 10 when we saw the first Yellow Eyed Penguin. Now, it's a breeding ground for them. We carried on the tradition after hubby moved over, dragging out our tents, swimming with wild dolphins combing the petrified forest, keeping a close eye on the penguins and whale watching. No cellphone coverage, no tv, no constant phone calls ... and all only a 40 minute drive from home!

    Most tourist packages from the US only include the North Island. Don't be fooled. The lower South is where it's at!
    **************************************
    The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

  9. #9
    Ergo:

    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">New Zealand is a beautiful country (so I heard), and should your visa be denied I am sure it won't be a biggie for you (bah, who cares about anything but where one lives) </div></BLOCKQUOTE>


  10. #10
    Unfortunately in our case, other factors came in to play. My husband hadn't seen many of his family for many years. His Grandmother became quite ill, and he started to get quite homesick realizing that he may never see her and other family members again. With the exchange rate and the differences in pay scale, it's far more economical to travel to New Zealand from the US than it is to go the other way. As much as I hate to leave, I understand that it will be much easier for me to return home than it will be for him. Also, I figured that as he gave up his military career and his life to be with me, turn about was fair play.
    **************************************
    The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

Similar Threads

  1. Replies: 1
    Last Post: 10-01-2011, 01:56 PM
  2. Couple of questions...
    By Mandysbaby in forum Immigration Discussion
    Replies: 5
    Last Post: 06-12-2007, 08:13 PM
  3. Imminent divorce, have couple of questions
    By EndIt in forum Immigration Discussion
    Replies: 5
    Last Post: 03-12-2006, 02:14 PM
  4. a couple of quick questions
    By fairfax in forum Immigration Discussion
    Replies: 4
    Last Post: 04-07-2004, 07:22 PM
  5. HOPE FOR SOME, AND A COUPLE OF QUESTIONS.
    By in forum Immigration Discussion
    Replies: 4
    Last Post: 08-05-2003, 06:02 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: