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Australian confused with US Immigration!!

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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

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Filed: Lift. Cond. (apr) Country: India


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.

February 28- AOS package sent. ( I-130, I-485, I-765)
March 5- Package delivered to USCIS Chicago.
March 11- Email and text notification with Receipt Numbers.
March 14- Hardcopy of NOA1 for all three applications.
March 21- Received biometrics appointment letter for 04/04/2014
April 2 - Completed Walk in Biometrics appointment successfully. (Original Appointment was for 4th April)
April 9- I-485 Case status has been updated to " Testing & Interview "
April 16- Text and email alert for case update for AOS interview on 22nd May 2014.
April 18- Hardcopy of Interview notice received in mail.
May 22- AOS interview, approved on the spot and got stamp in my passport.
May 27 - Approval notice of I-130 and I-485 in mail.
May 29- Received GC in mail.

ROC Timeline:

03/28/2016: I-751 package sent to CSC

03/29/2016: Package delivered.

03/31/2016: cheque cached.

04/02/2016: Received NOA1 in mail, dated 03/29/2016.

04/13/2016: Received Biometrics notice for the date of 04/25/2016.

04/21/2016: Early walk in Biometrics

09/28/2016: Text and email alert about approval of ROC

10/06/2016: Received 10-years green card in mail

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