Our journey has started

[Mr&Mrs G. 903]

My wife is from the USA and we celebrated our 9th wedding anniversary last week. We live in Ireland, we always planned to move to the US sooner but first my mother got sick and passed away. We decided to stay in Ireland a little longer for my father but then my wife was diagnosed with cervical cancer, she had surgery but we couldn't move because of her treatment. 

 

Last October my father passed away and has left us a little cash and recently my wife was given the all clear after 5 long years. It's been tough but now we feel it's time to move to the USA so she can be near her parents. We sent off our I-130 and it was received in the Chicago lockbox on the 20th March. 

 

There is so much information on the web but somehow I did not see this wonderful website until today. I am sure the information is there but I cannot seem to find it.

 

How long should it take until we receive confirmation that they have our paperwork? 

 

I read about members bringing proof of the marriage to their interviews, like utility and rent bill's but these were requested to be submitted with the I-130, were we wrong sending them? 

 

Our payment was made by USD bank draft drawn on an Irish bank account, I assume this was okay.

 

Approximately how long will the whole process take, it's exciting but nerve wrecking at the same time.

[Georgia16 2,858]

You should get your NOA1 within 30 days  and expect the whole process to take about a year.

You will be doing a IR-1 visa so you will be getting the 10-year GC when you arrive.

 

Good luck.

[laulholley 28]

Hi! I am an American that has been living in Europe for the past 8 years and we have also been waiting for "the right time" to move back to the USA. I started this process for my husband in April 2016 and we are currently in the NVC stage awaiting paperwork approval. When we first submitted paperwork to NVC back in November, they quoted a processing time of 4 weeks. When we reached 4 weeks they changed to 6 weeks... then 8.... now 11. My point is, in regards to processing time, expect the worst. At least a year if not more. I think that by the time we are totally done it will have been 15 months (and that's with an embassy that's not busy, I don't know how yours works).

 

It is okay if you sent additional paperwork with the I-130, I did as well and they didn't seem to care. I don't know about the bank draft. They were very specific regarding the funds coming from a US bank account. I had family in the US write a check. You will be required to pay the next set of fees online from a US bank account.

 

The main hurdle yall will face is not "bonified marriage" but "domicile". Your wife will be required to prove US domicile, or "intent to re-establish domicile".  Your wife may have to make a trip to the US to gather evidence. Here is a thread dealing with that:

Good luck!!! Please feel free to contact me if you have any questions. It seems like we are in a similar situation.

[Mr&Mrs G. 903]

Thank you both for your replies. 

 

We were hoping to be able to head out before October, is it safe to travel out before final approval? A lady on the USCIS helpline suggested filing a different form while my case is pending and this would allow me to work in the US until everything is finalized. My fear is that if she is wrong then I would have to keep leaving every 90 days and then return, also I read that my medical would be in Ireland so I would have to return for that anyway. That all seems very expensive and a waste of money on flights going back and forth.

 

Honestly I assumed it was just a formality because we are married for 9 years and can easily prove that the marriage is valid, it never crossed my mind that there was even be a possibility of refusal. My wife got her Irish citizenship with less fuss.

 

We will initially be living with my wife's parents or maybe move in to one of their rental properties. I don't understand the issue with "domicile", what would one gain by applying and not taking up residency surely that would be a waste of time and money.

 

I paid $535 by bank draft, I believed that was all the fees other than the cost of a medical, are there other fees I have missed? 

[Mr&Mrs G. 903]

Just after I made my previous post we received an email.

 

"Your case has been accepted and routed to the USCIS Nebraska Service Center for processing. Within 7-10 days by standard mail you will receive your official Receipt Notice (Form I-797) with your Receipt Number

 

They only received it 4 days ago, hopefully this is a sign of things to come. 

 

 

[laulholley 28]

Domicile is something your wife will be required to prove as she does not, and has not lived in America for some time. The point is to prove that she still has ties to America, has maintained some sort of residency status in America and will be moving permanently  to America before/with you. It is not an optional thing. She can use evidence us as drivers license, car insurance/title, property lease/ownership, US bank accounts, voter registration, quotes from moving companies etc. Also, because your wife does not live in America is may be beneficial for yall to have a joint sponsor (if her income is not from a US company). You can check the the income guidelines here: https://www.uscis.gov/i-864p

 

You will be required to pay the AOS (affidavit of support) fee [$120] and Immigration Visa fee [$320] at the NVC stage. They must be payed online from a US bank account (I sent my US relatives the money and payed from their account).

Edited March 25, 2017 by laulholley

[Mr&Mrs G. 903]

22 minutes ago, laulholley said:

Domicile is something your wife will be required to prove as she does not, and has not lived in America for some time. The point is to prove that she still has ties to America, has maintained some sort of residency status in America and will be moving permanently  to America before/with you. It is not an optional thing. She can use evidence us as drivers license, car insurance/title, property lease/ownership, US bank accounts, voter registration, quotes from moving companies etc. Also, because your wife does not live in America is may be beneficial for yall to have a joint sponsor (if her income is not from a US company). You can check the the income guidelines here: https://www.uscis.gov/i-864p

 

You will be required to pay the AOS (affidavit of support) fee [$120] and Immigration Visa fee [$320] at the NVC stage. They must be payed online from a US bank account (I sent my US relatives the money and payed from their account).

Thank you very much your post is very informative and helpful. 

 

Form I-864 seems to ask a lot of personal information from any sponsor if needed, is it possible for my in laws to file it themselves without me seeing it? I would not feel comfortable knowing their personal financial business. 

 

I notice that it is based on the Federal Poverty guidelines. I have a pension that exceeds that and will continue to receive it after I leave Ireland, will this not be sufficient? 

My wife who is American has had no income in Ireland, initially she had no entitlement to work then she was unable to work due to illness. I was her sponsor when she moved to Ireland, she will only be returning to the workplace when we move to the US. 

 

Her US driving licence expired a long time ago and she never maintained an address or any banking back home. Her connection with the US is purely family based, her parents live in NC and her sisters and brothers in VA. 

 

Maybe we will head out soon on a holiday and setup new bank accounts in her parents address and renew her driving licence. We will be living with them until we buy our own house so no harm to get the ball rolling.

[laulholley 28]

They can fill it out and send it to you (as well as their

9 minutes ago, Mr&Mrs G. said:

Thank you very much your post is very informative and helpful. 

 

Form I-864 seems to ask a lot of personal information from any sponsor if needed, is it possible for my in laws to file it themselves without me seeing it? I would not feel comfortable knowing their personal financial business. 

 

I notice that it is based on the Federal Poverty guidelines. I have a pension that exceeds that and will continue to receive it after I leave Ireland, will this not be sufficient? 

My wife who is American has had no income in Ireland, initially she had no entitlement to work then she was unable to work due to illness. I was her sponsor when she moved to Ireland, she will only be returning to the workplace when we move to the US. 

 

Her US driving licence expired a long time ago and she never maintained an address or any banking back home. Her connection with the US is purely family based, her parents live in NC and her sisters and brothers in VA. 

 

Maybe we will head out soon on a holiday and setup new bank accounts in her parents address and renew her driving licence. We will be living with them until we buy our own house so no harm to get the ball rolling.

Your joint-sponsor will need to fill out the I-864 and send you that as well as their tax returns. You will have to have a copy of it to take to the embassy and a copy to mail to the NVC. There is really no way around you not seeing the documents.

 

In regards to your pension, I believe you can use that as proof of income and there is a specific form for that purpose. I do not have any personal experience with that so it may be best to ask it as a specific topic.

 

It may be best to have a joint sponsor and use your pension as proof of income. During this process my motto has been "there can never be too much evidence". Better to double prove something rather than get a "request for evidence" which causes a severe delay (although I got a RFE anyways for a minor error, HA!).

 

My domicile proof was moving company quotes, car titles/insurance, correspondence with US schools to enroll my children, and a lease agreement (with my family we will be staying with initially). I contacted our embassy and asked about the domicile evidence  (is it enough?) as the embassy ultimately makes a decision regarding the domicile evidence and visa approval.

[Mr&Mrs G. 903]

2 hours ago, laulholley said:

They can fill it out and send it to you (as well as their

Your joint-sponsor will need to fill out the I-864 and send you that as well as their tax returns. You will have to have a copy of it to take to the embassy and a copy to mail to the NVC. There is really no way around you not seeing the documents.

 

In regards to your pension, I believe you can use that as proof of income and there is a specific form for that purpose. I do not have any personal experience with that so it may be best to ask it as a specific topic.

 

It may be best to have a joint sponsor and use your pension as proof of income. During this process my motto has been "there can never be too much evidence". Better to double prove something rather than get a "request for evidence" which causes a severe delay (although I got a RFE anyways for a minor error, HA!).

 

My domicile proof was moving company quotes, car titles/insurance, correspondence with US schools to enroll my children, and a lease agreement (with my family we will be staying with initially). I contacted our embassy and asked about the domicile evidence  (is it enough?) as the embassy ultimately makes a decision regarding the domicile evidence and visa approval.

We have already received quotes from haulage companies to have our belongings moved. This was done while we were filling out the I-130, we were obviously getting ahead of ourselves in believing it was more straight forward. The main problem will be form I-864, we don't feel right asking my wife's parents to supply us with their personal information, so are there any workarounds to avoid this? 

 

What about going in on an ESTA for 90 days and then filing for an adjustment of status and moving my case to a local center in the US? This would allow us to setup home and my wife to obtain work, she would then be able to meet all the qualifications to sponsor me, my pension would just supplement her income. Because of my pension I would have no need immediately for a green card, it seems the process would be much easier to control while living in the US. 

[laulholley 28]

What about going in on an ESTA for 90 days and then filing for an adjustment of status and moving my case to a local center in the US? That is 100% illegal and there is a good chance you will get a ban. It is against the rules of this website for anyone to help you with that or offer any advice regarding that. I also don't think you could even use AOS since you are already married.

 

Unfortunately there is no work around for the joint sponsorship. Contact your embassy regarding using your pension as income for I-864. I am sure they'd be able to tell you if it's an option.

Edited March 25, 2017 by laulholley

[Mr&Mrs G. 903]

25 minutes ago, laulholley said:

What about going in on an ESTA for 90 days and then filing for an adjustment of status and moving my case to a local center in the US? That is 100% illegal and there is a good chance you will get a ban. It is against the rules of this website for anyone to help you with that or offer any advice regarding that. I also don't think you could even use AOS since you are already married.

 

Unfortunately there is no work around for the joint sponsorship. Contact your embassy regarding using your pension as income for I-864. I am sure they'd be able to tell you if it's an option.

I am not looking to do anything illegal, it is not my wish to give up my home and then be refused residency in the US. So pleased be assured I am not asking for any advise to skirt the system. 

 

Form I-485 is an application to register permanent residence or adjustment of status and can be filed after acceptance of form I-130, at least that's my understanding of it. Again this is just me reading the forms and assuming what it means, maybe my interpretation is wrong. Obviously the affidavit of support would also have to be filed and one would have to meet all qualifying criteria.  My question was based on entering with an ESTA and assuming you could file to have your status changed legally, if this is illegal then thank you very much again for your guidance.

 

Obviously everyone wants to make the process as pain free as possible and I am no different. I only want to do it legally, if I do ask further questions and they are incorrect please assume it is just lack of knowledge or understanding on my part as I have no wish to pull anyone in to giving me advise on how to enter illegally.   

 

 

[Mr&Mrs G. 903]

20 minutes ago, Mr&Mrs G. said:

My question was based on entering with an ESTA and assuming you could file to have your status changed legally, if this is illegal then thank you very much again for your guidance.

 

 

 

Seems odd quoting my own post and answering my own question, but maybe it will be helpful to others.

 

So there is an option to file for a change of status after entering on an ESTA but this is based on good faith. Basically if you enter on an ESTA you were not planning to stay in the USA, then sometime within your 90 day period you had a reason to request a change of status. Obviously if you have already filed an I-130 and then entered on an ESTA, staying would be in bad faith because you would know in advance that it is your intention to overstay and this is illegal.

 

Sometimes the information is patchy on some websites or it can be difficult to understand. 

 

 

 

 

[laulholley 28]

I understand what you are saying. I know that this process can be really hard when both spouses are living outside of the US (well honestly, it is a long frustrating process - period!). We have been going through this process for the last 2 years. Information is dodgy and things are changing constantly. The reason I moved to Europe in the first place is because immigrating to America is such a pain.

 

Technically the adjustment would not be valid in your situation, and since you've already filed I-130 the adjustment would definitely be denied and you could be banned for fraud.

 

Have you checked with your embassy to see if they do Direct Consular Filing? It is a much faster process but is only offered at a few embassies. Another option is Electronic Filing, which is again only offered at a few embassies -  so you'll have to contact the US embassy in your country to check.

Edited March 25, 2017 by laulholley

[Mr&Mrs G. 903]

5 minutes ago, laulholley said:

We have been going through this process for the last 2 years. Information is dodgy and things are changing constantly. The reason I moves to Europe in the first place is because immigrating to America is such a pain.

 

Wow 2 years, we have only been at this a few months but it took on great speed once we informed my wife's parents about the possibility of her moving back home to the US. They even started to go view houses that we may like to purchase, but ultimately we decided to wait until we arrive before we buy.

 

Even though a form has only filed all of a sudden it's like our life is in limbo, neither going nor staying. If I am still doing this in two years I will be ready to be admitted to a mental hospital. 

 

How much longer do you have to go? It appears your's is just complete.

[laulholley 28]

We started with USCIS once before but then had a change of circumstances and had to restart later on. So we have been dealing with this petition since last April. It should have been completed before the end of 2016, but there has been a constant barrage of obstacles and delays. According to the NVC, they should have our paperwork processed by the end of the month, meaning that we would have a May interview -  but I am not holding my breath as it seems that as soon as we reach the deadline they extend it. My children and I are going to move in July, and hopefully my husband will be coming with us! It is a big risk to move back before the visa is approved, but I need to get the kids acclimated and enrolled in school before August.

 

I sincerely hope your processing goes much faster. It used to be that the first section (USCIS) was slow (<4 months) and that the NVC usually took 30 days to review the paperwork. But currently the NVC is currently quoting 11 weeks processing. Hopefully by the time yall get to the NVC stage they will have gotten their acts together!