American in Oz - applying for husband - have questions :)

[lisamkilian 0]

Hi all, I am new to this forum. After 4 years in Australia with my non-American husband, I may have convinced him it's time for us to go live in the US with my family that I miss desperately Just starting the research now on the best way to get him over there, we're not in a rush so want to pick the best option. I have a couple general questions I am hoping to get some feedback on based on people's experiences. I have done a lot of reading however am anxious to know what people's actual experiences have been with the following:

1) Did you benefit from using an immigration service/lawyer or is it feasible to do it yourself? Any advantages of using someone?

2) Did you opt for the K-3 or IR-1 route? Which one is generally faster? I have read different waiting times on different sites and find the graphs on this site confusing, so not sure if the K-3 is actually faster anymore? The thing that worries me about the K-3 visa is that it can take another 90 days to get authorisation to work once in the US and I think my husband might get depressed sitting around for 90 days once we're there. However, if it's significantly faster I would consider it. Which one did you choose?

3) Affidavit of support - I have not lived or worked in the US for 4 years. We have assets and an income stream in Oz, however, I do not currently reside or work in the US. Is it possible for me to do an affadavit of support for my husband? Or should I ask my parents to do be a joint sponsor (they live there)? I am sure they would happy to, however, don't want to unecessarily involve other people.

4) Processing centres - this site quotes wait times based on different service centres. How do you know which one your application would go to? Or is it random?

Thanks in advance to anyone who can share their experience with me! Cheers!

[Dan from MI 23]

Hi all, I am new to this forum. After 4 years in Australia with my non-American husband, I may have convinced him it's time for us to go live in the US with my family that I miss desperately Just starting the research now on the best way to get him over there, we're not in a rush so want to pick the best option. I have a couple general questions I am hoping to get some feedback on based on people's experiences. I have done a lot of reading however am anxious to know what people's actual experiences have been with the following:

1) Did you benefit from using an immigration service/lawyer or is it feasible to do it yourself? Any advantages of using someone?

I did not use one. It was straightforward to file it myself. VJ really helped me to answer some nagging questions. If your case is straightforward... meaning that you/husband have no criminal records and nothing else that make red flags at the consulate, you really have nothing to sweat especially since you have been married for 4 years and have an Austrálian husband. Unless you got some heavy baggage in your past, my thoughts to you is not hire a lawyer and use that Money you saved for plane tickets to USA. Beside hiring a lawyer is NOT going to speed anything up and I heard from some people that their lawyers actually slowed things down.

The only advantage of hiring one is so you don't have to do nearly as much.

2) Did you opt for the K-3 or IR-1 route? Which one is generally faster? I have read different waiting times on different sites and find the graphs on this site confusing, so not sure if the K-3 is actually faster anymore? The thing that worries me about the K-3 visa is that it can take another 90 days to get authorisation to work once in the US and I think my husband might get depressed sitting around for 90 days once we're there. However, if it's significantly faster I would consider it. Which one did you choose?

I went CR-1 route because K-3 is dead in the water. Don't do K3....again I repeat don't do K3. K3 existed for years because CR-1 was taking much longer but now that is not the case. K3 is obsolete and very very very few people to my surprise still get approved.

3) Affidavit of support - I have not lived or worked in the US for 4 years. We have assets and an income stream in Oz, however, I do not currently reside or work in the US. Is it possible for me to do an affadavit of support for my husband? Or should I ask my parents to do be a joint sponsor (they live there)? I am sure they would happy to, however, don't want to unecessarily involve other people. Honestly I don't have an answer to that. I don't want to say anything to you and find out that I was not correct. I know other answer your question.

4) Processing centres - this site quotes wait times based on different service centres. How do you know which one your application would go to? Or is it random?

Technically all spouse visas (IR1, CR-1) are supposed to go NBC. However USCIS dug themself a deep messy hole for months and recently started moving paperworks to other centers and it seems to be random places and random people and even random filing months get moved. You might find that you stay at NBC the entire time or will be there for a week and then move somewhere else. Try not to be focusing on the wait time because it is inconsisted. My approve day at one time was Feburary 2014 and it change as far as end of June and now it is May.

Since your husband is not from high fraud country and that you both been married for 4 years- you don't have much to sweat. The best part is that you both are together during the entire process which most of us can only dream.

Thanks in advance to anyone who can share their experience with me! Cheers!

Edited December 31, 2013 by Dan from MI

[lost_at_sea 995]

1. No. Had bad lawyer experience, personally.

2. It's not really an "or" question. To apply for the K3, you have to have already applied for the I-130 for IR-1 as the I-129f package needs the receipt for the I-130 in that package (see "guides" in the main menu to read more about those processes). However, no one on VJ gets K3 anymore. It's considered defunct (take a look in the K3 subforum for debates on that).

3. Yes. You'll likely need a joint sponsor, unless you want to go get a new US job now (or you have a whole lot of assets). You'll also need to work on reestablishing a US domcile for yourself to qualify to file at all. Google "I-864 instructions" and get down to the bit about domicile.

Have you been filing US taxes?

4. It's not something you get to choose, so don't worry about that.

Edited December 31, 2013 by lost_at_sea

[kev&ange 0]

Hello

Here are my thoughts, I hope this helps!

1) Did you benefit from using an immigration service/lawyer or is it feasible to do it yourself? Any advantages of using someone?

I think it's feasible to do it yourself, especially with resources like Visa Journey - so much helpful information on here.

2) Did you opt for the K-3 or IR-1 route? Which one is generally faster? I have read different waiting times on different sites and find the graphs on this site confusing, so not sure if the K-3 is actually faster anymore? The thing that worries me about the K-3 visa is that it can take another 90 days to get authorisation to work once in the US and I think my husband might get depressed sitting around for 90 days once we're there. However, if it's significantly faster I would consider it. Which one did you choose?

My husband (the USC) and I chose the IR-1 route - we are over 7 months into the process and still no approval for our I-130 petition, but I think all streams are slow!! Go the I-130 regardless of the wait time people are experiencing.

3) Affidavit of support - I have not lived or worked in the US for 4 years. We have assets and an income stream in Oz, however, I do not currently reside or work in the US. Is it possible for me to do an affadavit of support for my husband? Or should I ask my parents to do be a joint sponsor (they live there)? I am sure they would happy to, however, don't want to unecessarily involve other people.

We have/had this conundrum too. If you are going to wait out the process with your husband in Australia, you'll definitely need a joint sponsor. We first prepared to have my sister-in-law be a joint sponsor for the financial support component, but then when we started to look into the domicile requirements (where you have to prove your maintenance of a primary residence in the US) is where it gets really tricky (especially for us as my husband had been in Australia permanently for 9 years and had no ties in the US). In the end, we decided my husband would be best returning to the US, getting a job, and establishing domicile first - no need for a joint sponsor then. He's been back over there since October and has all of the evidence now. So get your parents on board and think about your intent to domicile evidence.

4) Processing centres - this site quotes wait times based on different service centres. How do you know which one your application would go to? Or is it random?

I think they're all going to the National Benefits Center still and being farmed out from there.

Thanks in advance to anyone who can share their experience with me! Cheers!

[lisamkilian 0]

Thank you everyone for your responses, much appreciated and very helpful. Esp the part about K-3 visas being obsolete, I know now to focus on the IR-1. So far the only issue I can see is the domicile issue so will be looking into that. I have continued to file US tax returns since I have been in Oz as well as maintained my US CPA license, however, those are pretty much the only ties I have to the US at the moment. Oh, and I have 2 shares of Coca Cola haha. Not gonna help. I might have to go the route of "good faith reestablishment". If our family has to be apart there is no way my husband will go for this whole thing so as much as I don't want to get a lawyer I think I might need professional advice in this area, will start a new thread about the domicile issue and see if anyone else has been in the same position. Happy New Year to everyone and good luck in the US in 2014!!