Australian confused with US Immigration!!

[JessicaOBrien 0]

Hello,

I am an Australian citizen, my husband is an American citizen.
We were married in California on April 2014.
I was on a VWP and went back to Canada (where I was on a WHP).
My husband came and stayed with me in Canada for 6 months until he had to leave.

We are now in Australia where I am working and he is on a VWP (3months @ a time for 12 months)

I am so confused with the process of him petitioning an i-130 while he is visiting me here in Australia.
I cannot seem to get a definite answer as to what forms and when they need to be filed.
We have been researching for a year and I just don't want to miss anything so the process takes longer.

Can anyone who has been through a similar process help me out.

I'm about to legally change to my married name so I can change my passport but can we file before that goes through?

Does he need to apply as if he was still in the US?
(He has a US mailing address)

Do we need to file an i-485?
(I've read that because I'm outside US, we do not)

Do we provide all evidence (marriage cert, photos ect) with the i-130 or do they ask for that after?

Because he is currently unemployed and we have a co-sponsor do we file i-134 or i-864 or both?
(We are creating our own business once in California)


I really do need a dumbed down, step by step version of what to do because every time I try to look up the answers, I get so overwhelmed and confused.
We can't afford a lawyer (as I'm the only one working) so doing this by ourselves is really emotionally exhausting.

Any help would be much appreciated.

Thank you

Jessica O'Brien

[Super King 26]

http://www.visajourney.com/content/i130guide1

1) Yes, you can apply before changing name on your passport.

2) Yes, if he is only visiting you for 3 months.

3) No, you don't file I-485.

4) Send all evidence you have with application and keep collecting them so you can have more evidence by time of interview.

5) Sponsor files I-864, but you are not at that stage yet.

Good luck. Go through the guidelines in that link, you will have better idea.

[JessicaOBrien 0]

Thank you.

You have explained everything I questioned and even directed me to the most basic non confusing link available.

You are amazeballs!

Can't wait to get the process started!

Jessica