I-130 NOA2 Preparation

[Joanna2015 0]

Hi all, I'm new here,  so thanks in advance for your advice and patience--this site is a great resource.

 

I'm a USC living in Sydney with my Australian husband. With the help of an immigration attorney (I know, I know) we filed for his I-130 last year and received his NOA1 on November 21, 2017. VJ projects NOA2 approval in late May; however, we reached out to my Senator's office for help and are currently waiting to hear whether we will be approved for expedited consideration due to financial hardship--Senator's office filed the request on our behalf, so fingers are crossed. We were engaged and wedding planning before starting the immigration process, so had planned for a wedding in Sept 2018..only to realize, whoops, we would be getting legally married much sooner than that in order to be eligible for an I-130! Senator's office advised that we might have a leg to stand on regarding financial hardship because of the cost of the wedding, which will be held in the US, and because we are hoping to settle permanently in the US afterward.

 

My question is, what can we be doing now to prepare for everything that will be needed following NOA2? My parents have agreed to sponsor my husband (so I know we'll need their last three years of tax returns), and because he lived in England for six months before we met, I'm assuming he will need an additional police check in addition to an Australian one (?). I know he will also need to do a medical exam, but we have held off investigating that because I wasn't sure how long it would be valid for. Is there anything else we should be thinking about now? Thanks.

[Dutchster 1,106]

I'm sorry but I honestly don't think that wedding costs will meet the requirements of proof of severe financial loss. It's more inconvenience to you than it is (severe) financial loss in the eyes of the USCIS but good luck in trying!

The medical will come a couple weeks before his interview and he will be instructed via the Embassy so I wouldn't look into that too much right now. I'd make sure you have all the necessary affidavit of support documents that are required and up to date. You could slowly start with filling out the AOS paperwork that comes with the NVC stage. There are a few threads here that contain a NVC Checklist post that you can look at. It'll tell all you need for the NVC. 

[iwir 337]

2 hours ago, Joanna2015 said:

We were engaged and wedding planning before starting the immigration process, so had planned for a wedding in Sept 2018..only to realize, whoops, we would be getting legally married much sooner than that in order to be eligible for an I-130!

Your lawyer didn't tell you that right visa for you given your circumstances? Correct me if I'm wrong but CR1 should be filed after you get legally married. And no, wedding cost cannot be justified as extreme hardship for expediting your case. Nobody ask you to have a costly wedding or else everyone would do the same and ask for expediting their case. And no, your congressman can only file the request but the final word comes from USCIS and from what you told me, you have no reason to get your case expedited. This is another example of how lawyer only adds more cost than helping

[JFH 12,189]

I’m confused. Are you legally married already or not? If you’re already married, why would the cost of a wedding be a hardship? You’ve already done it and presumably you had the kind of wedding that fits your budget. There is no requirement to have a big celebration for a marriage to be legal. My husband and I got rings for $25 online, had just 2 witnesses and an officiant, no photographer, flowers, reception, honeymoon or any of that. No need to compete with the Kardashians if you don’t have their means - you won’t be any less married. We spent no more than $250 on the entire day including the cost of the license and cheeseburgers at Red Robin afterwards. If you’re already married, what you are planning is basically a party. It’s not a requirement, just a want. 

 

Everyone filing for a spouse visa has to be married so we have all paid for a wedding. I don’t see your point. It’s not USCIS responsibility to prioritize your case based on your personal choices when it comes to private events. I couldn’t get an expedite on our I-130 for the brain surgery I was due to have so good luck with getting an expedite based on a party. 

[JC&BS 75]

You have to be legally married prior to filing the I130. 

[Joanna2015 0]

Hi all, thanks so much for the healthy dose of pragmatism. Fortunately, we've been married for almost six months, we're aware that this is a long shot, and we've done our homework. If anyone has any ~actual~ advice based on experience, it would be much appreciated. Thanks.

[ms_bobdog 501]

2 hours ago, Joanna2015 said:

Hi all, thanks so much for the healthy dose of pragmatism. Fortunately, we've been married for almost six months, we're aware that this is a long shot, and we've done our homework. If anyone has any ~actual~ advice based on experience, it would be much appreciated. Thanks.

What more 'actual' advice are you looking for? I think @JFH has already said it pretty clearly. If you are looking for information on what happens after NOA2, it's in the NVC thread. 

[pm_1234 18]

Hi,

 

My suggestion to you is to download the instructions for form I-864 (Affidavit of Support) which you will need to fill out soon once you get your NOA2. There, you will find all necessary documents that you will need for the next step including the financial documents and evidence for proving domicile in the US.