Beginner questions regarding filing petition

[kiandi 1]

Hi all,

New to VisaJourney and the entire process of immigrating my spouse to America. It's good to be part of this community.

Just some background stats first:

I am a U.S. Citizen currently living in Australia. I do not currently work. I am residing here as a permanent resident (not Australian citizen), but now wish to move back to the U.S. with my husband.

We got married in 2011 in Australia (and again in the U.S. so that my relatives could be part of the ceremony). We initially went through the Australian visa process to get residence for myself in Australia, but now wish to move to U.S. to be closer to my family.

So given that we both are living in Australia:

1. Is it better to file the I-130 petition from Australia, or would it be easier for myself to move back to the U.S. and do it from there? I notice there doesn't seem to be a USCIS office here in Australia.

2. On the application where is says place of marriage - which marriage location should I quote? We got married here in Australia in early 2011 and again in America later that same year. And is there any advantage on submitting photocopies of both marriage certificates?

Thanks for any help.

Regards,

Kiandi

[Anh map 2,098]

You only got legally married once. The other was just a party. You would need a copy of the government issued marriage certificate from the legal marriage proceedings.

You do need to give evidence of establishing a US domicile. You will need to meet the affidavit of support requirements. This FAQ can help >>>

http://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

Assuming that you do not want to separated from your spouse for a year +/-, why not file from Oz and then move to the US together once the visa is issued?

Read through the guides here on VJ and become familiar with the forms and what documents and evidence will be needed to secure the visa.

[kiandi 1]

You only got legally married once. The other was just a party. You would need a copy of the government issued marriage certificate from the legal marriage proceedings.

You do need to give evidence of establishing a US domicile. You will need to meet the affidavit of support requirements. This FAQ can help >>>

http://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

Assuming that you do not want to separated from your spouse for a year +/-, why not file from Oz and then move to the US together once the visa is issued?

Read through the guides here on VJ and become familiar with the forms and what documents and evidence will be needed to secure the visa.

Thanks for the useful advice - you have been very helpful, especially the link you supplied on the affidavit of support requirements.

We plan on submitting the I-130 petition while we are both in Australia to the Chicago Lockbox address (seems that Australia does not have DCF).

I, as the USC and petitioner, plan on travelling back to the U.S. for a few months in February, is this likely to be a problem? Do I need to be in Australia when the I-130 is approved?

My husband will remain in Australia throughout the entire process though.

[Anh map 2,098]

No, that would not be an issue. You don't have to be present there with him.