Just getting started...

[Beth&JP 2]

Pfuh.... So now that I'm all settled in Chile with my residency and everything, my fiance has had some of his previous loans sneak up on him in the most unpayable way. So, now we're looking into moving to the US, so that we can pay what's unpayable on a Chilean salary with a US salary. We're planning on getting married and starting the visa application right away.

1: Will huge amounts of loans (some are defaulted... we're working those out now) affect the visa application? I know that it might affect the local police from letting out of the country (eeps!) but we'll definitely have all of his loans on payment plans by then, so that won't be a problem. We just want to turn in the application as soon as possible, so some of the loans might not sorted out before we turn in the visa application.

2: We can't seem to do a DCF because Chile doesn't have that any more (boo!), so we're filing with USC Chicago Lockbox. Via this thread: http://www.visajourney.com/forums/topic/357465-usc-petitioner-living-abroad/, we're still deciding whether to mail it directly from here, or to use my "permanant residence" in the United States(aka mom and dad's house) and have them write "filed from abroad" all over it. Any other input?

3: Pre-nup.... we're gonna have a prenup here, but we can do a post-nup once in the US, right? I figure dealing with the international bit of it is too difficult, so I think it's best to just deal with that once in the US. Will this affect the visa application? Basically we just want separate financials, because we both screwed up pretty well in our respective country.

Any input is helpful! My head is still spinning from trying to process all the information!!!

PS: my parents are co-sponsering his visa.

Edited November 6, 2012 by Beth&JP

[Ryan H 3,795]

Answers:

1. His debts don't matter as far as the visa process is concerned.
   
2. Recently, most I-130 petitions have been transferred to local offices for adjudication to alleviate service center workload. This appears to have affected the much talked about auto-expedite queue here on VJ (i.e. it's not there as long as the transfer to local offices continues). Additionally, USCIS will officially deny such a queue ever existed.
   
3. Regarding the question, "can we do a post-nup?" You need to speak to a qualified family law attorney about that. As far as the visa process is concerned, you are not required to volunteer that you desire to pursue a "post-nup" but should you be asked any specific question about it, you must be truthful.
   

PS: my parents are co-sponsering his visa.

Strictly speaking, your parents are joint sponsors for the Affidavit of Support, they are not co-sponsoring the visa.