Another newbie here with an intro and some questions

[MasterGriff 0]

Hello there all, this seems like a very informed and friendly site, and I was hoping some of you might be able to answer some questions we have.

First here's a little about my/our situation: I'm a 24 year old white British citizen, I met my partner online 5 years ago online on a social media website, and we've spoken through Skype often. As our relationship intensified we spoke every day on Skype, to the point where we now have a Skype call active for as long as possible (24 hours a day, until the call drops, then it's restarted as soon as possible). We have Skype to Skype calls in records lasting 70+ hours without failing or dropping. After 5 years I visited her in the US on the VWP on February 6th, and every day we were inseperable. The most time we spent apart was using the bathroom, and sleeping apart (due to accomodation restrictions and religious views of her parents). On 24th March my partner (White US Citizen born of 2 migrated Canadians) turned 25 and the same week I proposed. We told her parents, who arranged for us in a whirlwind a very nice marriage ceremony within just 2 weeks! We were married on April 12th and spent the following week at the beautiful Oregon coast for our short honeymoon. Realising that I was there on a VWP, we had come to the conclusion that I'd have to return back to the UK on my original flight back, May 5th. Until that point we had decided to just enjoy our time together, and not taint it with stresses of visa applications, which could be completed when I returned. It's been a difficult time for both of us, being seperated, especially after being married, we didn't spend more than 10 minutes apart. We have had a Skype call constant since I arrived back.

My wife is currently staying with her parents, who also allowed me to stay with them during my entire stay, and are happy to welcome me back and support both of us until we find our own accommodation. My wife has had trouble finding employment over the last 2 years, due to the fact that she has Multiple Sclerosis, which means she requires certain conditions while she works, made even more difficult by the fact that she treats with Medical Marijuana (she is a legal Medical Patient in the state of Oregon), meaning she can't pass a pee test. She is currently in receipt of unemployment benefits, but not disability benefits, and is still seeking at least part-time work.

We understand that we might have some difficulties in our applications, we're both very smart. However we are committed and in love, and want to be together as soon as possible. This is a very difficult period for us both.

So my questions are these:

1. We're still gathering evidence for our initial i-30 application. Because we didn't think of it until I had returned, and due to the limited time I was with my spouse, we didn't add my name to her bank account, and while she remains in the US and I'm in the UK, she can't be added to my account. Would the following be sufficient evidence of our relationship?

- Records of our Skype-to-Skype calls, in text format, totalling in the hundreds, perhaps thousands of hours,

- 2 or 3 pictures of a few days after I arrived, plus pictures of an outing together with her father, wedding photos and honeymoon photos (although in many of those we aren't pictured, or aren't pictured together)

- Receipts of purchases made together (including marital aids, rings, and home furnishings like bedding and kitchen equipment)

- Receipts or bank statements showing us getting several hotel rooms together

- Bank statements showing my presence in Oregon

- Phone records from my UK based phone company showing I was in Oregon

- Letters of support verifying our relationship from her parents, several family friends (some who hold high respected roles in the Mormon community), as well as from up to 10 of her friends

- All my flight and insurance information from the period I travelled

- Several love letters, 1 or 2 emails (because we mainly Skype), and maybe some shipping information from care packages sent

- Paypal statements showing us moving funds from one another

2. It is my 25th birthday at the beginning of September, and at the end of the month there is a successful band playing locally that would mean a lot to us if we could both go together. The tickets for the concert are already purchased, and it's a band that me and my wife have both enjoyed and bonded over for years, since the beginning of our relationship. Is it possible for me to travel on a tourist visa (instead of a VWP), after we've mailed off the initial I-30, and if we receive any information about my immigration application, would it be possible for me to stay, rather than seperate us again and me fly back to the UK again? Is there any visa or application process that would allow for that in such a short time?

3. In order for me to travel to the US and stay there for the period I did, I had to leave my job. In that time my position was filled at the company I was at, although as soon as there's a new position available, I've been promised it. That means currently I'm looking for full-time employment until the application process is complete and I can migrate. I have full qualifications from high school (11 GCSE's and 4 A-Levels) and some university. I do some freelance IT work but it is sporadic and I'm not employed by any company to do so. Will this harm my application? Would it help my application if I were to find potential employment, or potential training opportunities in the city I plan to migrate to? Especially if I look for vocational training for in-demand industries such as plumbing or electrician to back-up my IT training and food service industry experience?

4. My wife's parents plan to co-sponsor my application, providing financial support (while my parents are kindly paying for the immigration process as a wedding gift). Could anybody tell me what their minimum income should be (supporting themselves, my wife and myself), and whether self-employment income figures count, or if that should be counted as only savings? Would I be able to have a third financial co-sponsor, for example her grandparents, or kind family friends?

5. Would diagnosis of my own chronic depression hurt or hinder my application any way? Would it have benefit?

Thank you in advance for any help you can give us. We're very much in love and being seperated like we are is painful for both of us. We hope to be together again soon, and wish everyone else in our situation the best of luck.

[2ndMessiah 184]

Not to add any more emotional pain, but if your initial intention was to only visit and not marry at the time of entry into the US you probably could have filed I130 and I485 concurrently and stayed with your wife.

In saying that you are doing things correctly.

1. Evidence..... as much as you can. Does she have health insurance. Marriage is a life change event you can be added as a spouse. You seem to be on the right track tho.

2. Yes you can visit. No you cannot stay legally now and you will be interviewed at the London embassy.

3. being unemployed will not affect you immigration status. You really cant accept any jobs in the US until you have a green card or EAD.

4. I cant help with.

5. Chronic depression. It will come up in your medical. They will probably wont a letter from your Doctor confirming the condition, what meds you are on, its under control and you are unlikely to be a danger to yourself or others. They will specify what is required. It wont hinder you, probably. Might delay your medical results getting to the Embassy until they get that letter. It definitely is not a benefit.

Edited June 11, 2014 by 2ndMessiah

[Nich-Nick 3,353]

4. Income required for 4 people is $29,812. See the chart. http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

Being self-employed is fine but their tax return Form 1040 on line 22 must exceed the poverty guidelines since they wouldn't have an employer letter or pay stubs like other people use to prove income. Their proof option is the tax return because of self-employment. The problem many self employed find is they write off a bunch of things as business expenses. Example-- their business took in $40,000 but they came up with $25,000 in business related expenses as tax deductions.

$40,000 minus $25,000 expenses equals $15,000. That is what their income is for the purpose of the affidavit it of support. So ask them what line 22 of their tax return Form 1040 says so you know if they qualify. They can supplement their income with savings and assets.

No to additional sponsors unless grandpa also lives in the house with them. One person has to qualify all by themselves but related people living in the same house can pool their money... Like Mom and Dad can combine incomes because they are related and live in the same house.

Edited June 11, 2014 by Nich-Nick

[MasterGriff 0]

Thank you very much, both of you for your help. I shall be discussing all of this imformation with my wife as soon as she wakes up!

And may I say, this seems like a wonderful and helpful community. You've already helped us so much.

[Ryan H 3,790]

Moved from What Visa Do I Need - Family Based Immigration to IR-1/CR-1 Process & Procedures.