amyoink

Hi there, i'm new to this site. I would just like to put a post out there and see what happens. I'm very very confused right now about a lot of emotional things, hoping some lovely people might be able to offer a new perspective!
(I know this is a British website - but kinda close to home and we don't have a forum to help!)

Ok, firstly, i'm a New Zealander, who came over in Dec 07 on K1 fiance visa. We married in Feb 08 but we have not applyed for Green Card yet as we do not have the ($1000) for it. So i'm finding myself sitting around the house bored bored bored, and this has made me feel miserable and want to go home. My husband is half New Zealander, and when we met in NZ, he had told me that eventually he wanted to live in NZ. Now he has changed his mind and said he doesn't think he can live there now, because he is a Deputy sheriff, and it's what he's wanted to do his whole life.

This got me thinking, as i had never expected to live here for good, but only for a small number of years, until he was ready to come home. I'm a teacher, and have realised that it will be extremely difficult, time consuming, and expensive to get certified here, in order to get a salary of half what i can get at home. To add to the problems, I have been offered a teaching job back in New Zealand, starting 5th May.

If I decide to leave (which i can't decide), will my K1 fiance visa be void (if i decide he really is what i want and i choose to come back), or is there something I can do to re-establish my old visa application?
Remember - currently i have not applied for Green card as we can't afford it, wondered if i could apply with I-131 instead to go away to NZ for a time period then come back? ???
As you can see - i'm highly confused about 2 forks in the road right now!~
Thanks in advance if anyone can shed some light here!

Rete

Your K-1 fiancee visa expires 90 days after you entered the US. It is a one time entry visa only. If you were to leave the US before applying for AOS and having received the advance parole which is part of the package and included in the fee if you submit form I-131, your husband will have to file an I-130 for you to obtain an Immediate Relative Visa while you wait in NZ.

BTW having not applied for adjustment of status you have no basis for applying for an advance parole.

amyoink

Thanks a lot, so the I-130, would that mean I would have to go through all the medicals, interviews etc that I had to for my K1 visa? Or would I just be able to get straight back in? It would make me feel a little better about leaving, as then it won't be so hard if i change my mind...

Noorah101

The USC would have to submit the I-130 to a US Service Center, then you'd go through all the same process you just did for the K-1. The USC would have to pay fees again, submit an I-864 affidavit of support, then you'd get your visa application forms in the mail. You'd fill those out, get a police report, medical, and attend an interview, just as you did for the K-1.

The spouse Immigrant Visa is a whole different category of visa, and they won't be able to use any of the stuff you've already done for the K-1.

The Immigrant Visa process normall takes around 8 to 10 months to complete.

Rene

JAJ

Has she overstayed her K-1 visa? If so, doesn't that mean she is heading for a ban on re-entry once the overstay hits 180 days?

Noorah101

She entered with the K-1 in December 2007, and got married in February 2008. She stayed within the rules so far.

Rene