About to File I-130

[Helena91 0]

My husband and I have been married for four years and living in Australia. I am a dual citizen of both US and Oz and he is a dual citizen of UK and Oz (we've already done the spouse visa once in Australia for me, so this is really like round two for us). I'm desperate to move back home and my Husband is all for it. I have been reading through all of the guides on here and I have to say, this website is a godsend. I wish I had had something like this when I was doing my own visa four years ago.

I don't plan to move back to the states ahead of filing and be away from my husband for a year, so my parents have happily agreed to joint sponsor my husband. I'm hoping I'll be able to prove domicile somehow. Seeing as we've been married over four years, we'll be shooting for an IR-1 visa. I just have a few questions before getting started (this process doesn't seem as streamlined and Australia's).

1. Would consular filing be an option and I'm a citizen here and have been living here for 5 years? Would it even be worth it?

2. When I send in my I-130 package, do I pay then? What's the best way to pay (Oz let us pay by card)? I don't have checks, but I'm sure I could come up with something, also to whom do I make it out? I assume that's sent with the package.

3. I had my dad fill out an 864 when I last visited him, do I also need copies of his and my mother's tax returns, do I have to pay separately for that as well?

4. Assuming everything goes smoothly and we get to the interview and it all goes well, how long do we have to enter the US, what if we still need to save a bit more money before the move but his visa's been approved?

5. Since I've been away I've only filed taxes for the 2014 tax year as I've always been below the income threshold until now. Will this be a major problem? Does having a joint sponsor help this?

I'm sure I have more questions, but that's all I can think of for now. I'm trying to avoid moving back before he does. We don't want to live apart.

[NikLR 13,220]

1) DCF is not available in Australia

2) You need a check or money order drawn from a US bank in USD. The I-130 instructions state exactly who to make it out to

3) You do not need the I-864s for the I-130

4) You have 6 months from the medical take to enter the USA. You can drag out the NVC process if you need more time by 1-3 years.

5) Yes a joint sponsor helps. If you were not required to file then you didn't have to file.

Please read this:

http://www.visajourney.com/wiki/index.php/EZGuideSpouse

[Helena91 0]

1) DCF is not available in Australia

2) You need a check or money order drawn from a US bank in USD. The I-130 instructions state exactly who to make it out to

3) You do not need the I-864s for the I-130

4) You have 6 months from the medical take to enter the USA. You can drag out the NVC process if you need more time by 1-3 years.

5) Yes a joint sponsor helps. If you were not required to file then you didn't have to file.

Please read this:

http://www.visajourney.com/wiki/index.php/EZGuideSpouse

Thanks for the response, I should have been more clear; I'm aware that the 864 does not go with the 130, it was just one of my general questions. Glad to know it's not going to be a mad dash to move when (if) we get approved. I'll have to figure payment out as I'm not sure how I'm going to get a check drawn from a US bank. I have a US bank account, but I'm not sure how I'd do that from over here.

Thanks again for your help

[NikLR 13,220]

Yes for the AOS package you need tax transcripts or entire tax returns.

[katze101 4]

We filed from Australia and sent the I-130 package to my parents for them to attach a check since I didn't have checks with me. Then they forwarded it on to USCIS.

[Helena91 0]

We filed from Australia and sent the I-130 package to my parents for them to attach a check since I didn't have checks with me. Then they forwarded it on to USCIS.

That would be a good idea. I was leaning towards having my Dad send me a check and I'll just transfer the money back to him. Do you know if it's ok if the check is in someone else's name?

[Ryan H 3,790]

Do you know if it's ok if the check is in someone else's name?

Yes

[jindy 1]

The thing to watch out for is you as a dual citizen living outside the US for 5 years brings up the question of "domicile". You must provide proof that you intended to return to the US with say ...US bank account, US address, car registration and or anything that shows that your permanent domicile is in the United States and your stay outside the country was only temporary.Good luck!