Starting our immigration journey - advice needed please

[Ina2017 40]

Hello / G'day  

 

My husband (USC - petitioner) and I (Australian citizen - beneficiary) are just starting our immigration process. Just by way of a quick background, we met in early 2015, he's travelled to Australia 4 times and I've been to the US 3 times on the visa waiver program (I have always abided by the VWP conditions and have always departed prior to 90 days). We had a traditional wedding ceremony in Australia in July 2016 and a civil ceremony in USA in October 2016. We are now starting our IR-1/CR-1 process starting with the I-130: Petition for Alien Relative. 

 

I discovered this forum and have found it very helpful reading through the information (including the discussion forum, guides and wiki pages) as we prepare our petition paperwork but the nerves are kicking in before we send everything off.

 

We've completed the I-130/ I-130A (Feb 2017 version), so I have attached a cover letter to the pack which states that we have included are the following documents:

 

·       Personal check in the amount of $535 filing fee;

·       I-130: Petition for Alien Relative;

·       I-130A: Supplemental Information for Spouse Beneficiary;

·       G-1145: e-Notification of Application/Petition Acceptance;

·       Two Passport Size Photographs (Petitioner);

·       Two Passport Size Photographs (Beneficiary);

·       Copy of U.S. Passport (Petitioner);

·       Copy of Australian Passport (Beneficiary);

·       I-94: Arrival/Departure Record (Beneficiary);

·       Copy of Marriage Certificate issued in USA;

·       Copy of Judgement of Divorce (Petitioner's previous marriage which ended in 2009, divorce granted 2011);

·       Copy of U.S. Naturalization Certificate (Petitioner);

·       Copy of Australian Citizenship Certificate (Beneficiary); and

·       Evidence of Bona Fida Relationship and Marriage;

o   Statement detailing our relationship history and marriage;

o   Evidence of relationship including the following:

• communication records - including extracts from mobile phone bills, WhatsApp and emails over a two year period;
• Flight itineraries from our total of 7 trips to/from US/Australia;
• Flight itineraries from two trips taken together including hotel bookings which have both our names;
• Photographs taken on our holidays together;
• Engagement ring receipt;
• Photographs taken just after he proposed;
• Engagement announcement to friends;
• Photographs of the Wedding card;
• Photographs taken during the wedding and wedding reception including with friends and family;
• Screenshot of wedding video on YouTube;
• Copies of emails sent to wedding coordinator; and
• Bank statement showing transfer of funds. 

(Please note: As I do not reside in the US, we don't have any of the documents of Bona-Fida marriage specified by USCIS including joint leases or bank accounts, no children (yet!) hence the documents listed above).

 

We were hoping to seek your advice/guidance as to whether you think we may have missed anything or have made any mistakes.

 

Thank you so very much in advance  

 

 

[agripa 100]

Solid list. A couple of notes --

 

22 minutes ago, Inabars said:

·       Copy of Australian Citizenship Certificate (Beneficiary);

Is this a new requirement? I'm not sure you need to provide evidence of the Beneficiary's citizenship at this stage.

 

22 minutes ago, Inabars said:

(Please note: As I do not reside in the US, we don't have any of the documents of Bona-Fida marriage specified by USCIS including joint leases or bank accounts, no children (yet!) hence the documents listed above).

Is it possible for you to obtain any of the following pieces of evidence:

1. Do either of you receive health insurance through your work? You could add your spouse to your work health plan. This is good to do even for non-immigration purposes!
2. Do either of you have a brokerage or savings account? You could designate your spouse as beneficiary to these accounts. Again, important to do after marriage, even if you weren't applying for a visa.
3. Do either of you have life insurance or accidental death benefits (oftentimes you have this through your work health insurance plan)? Name your spouse as beneficiary!

All of the above are relatively simply to do and are a great piece of evidence showing financial co-mingling. In addition, it's probably important to do even if you weren't applying for a visa. Good luck!

[Ina2017 40]

15 minutes ago, agripa said:

Solid list. A couple of notes --

 

Hi Agripa, thank you for the feedback

 

Is this a new requirement? I'm not sure you need to provide evidence of the Beneficiary's citizenship at this stage.

No its not in the required list, I just though it might be a good idea to include it. Do you suggest not?

 

Is it possible for you to obtain any of the following pieces of evidence:

1. Do either of you receive health insurance through your work? You could add your spouse to your work health plan. This is good to do even for non-immigration purposes! I have private health insurance but the Husband have work insurance. I thought I can't be added to his insurance here in the States until I get a social security number??
2. Do either of you have a brokerage or savings account? You could designate your spouse as beneficiary to these accounts. Again, important to do after marriage, even if you weren't applying for a visa.  
3. Do either of you have life insurance or accidental death benefits (oftentimes you have this through your work health insurance plan)? Name your spouse as beneficiary! Definately great suggestions and we'll look into them. At this point, we were keen on getting this going as we hear the process can take a long time. Unless this going to add major weight to the case, could we make these changes and then I could take them as evidence to the interview? 

All of the above are relatively simply to do and are a great piece of evidence showing financial co-mingling. In addition, it's probably important to do even if you weren't applying for a visa. Good luck!

 

Thank you so much once again - we really appreciate your advice. 

 

 

[Ina2017 40]

On 29 March 2017 at 0:48 PM, agripa said:

Solid list. A couple of notes --

Hi there, thank you for the feedback.

Is this a new requirement? I'm not sure you need to provide evidence of the Beneficiary's citizenship at this stage.

 

Is it possible for you to obtain any of the following pieces of evidence:

1. Do either of you receive health insurance through your work? You could add your spouse to your work health plan. This is good to do even for non-immigration purposes!
2. Do either of you have a brokerage or savings account? You could designate your spouse as beneficiary to these accounts. Again, important to do after marriage, even if you weren't applying for a visa.
3. Do either of you have life insurance or accidental death benefits (oftentimes you have this through your work health insurance plan)? Name your spouse as beneficiary!

All of the above are relatively simply to do and are a great piece of evidence showing financial co-mingling. In addition, it's probably important to do even if you weren't applying for a visa. Good luck!

Still hoping for feedback please 

[agripa 100]

23 hours ago, Inabars said:

No its not in the required list, I just though it might be a good idea to include it. Do you suggest not?

 

You will be required to provide this at the next stage (when you submit documents to the NVC); so by the time you get to the interview stage at the embassy the consular officer will have those documents in front of them. There's already sooo many documents you're sending with the I-130 application, i would not include things which aren't strictly necessary or will help prove a bonafide marriage. I'd leave it out for now.

 

23 hours ago, Inabars said:

I have private health insurance but the Husband have work insurance. I thought I can't be added to his insurance here in the States until I get a social security number??

I don't think this is universally true. I work at University here in the United States and they added my wife who's living in india NO problem. They just wanted to see a marriage certificate. No requirement for a SSN! Ask your work and check! While my wife can't really use the health insurance, it does cover emergency visits ANYWHERE in the world, which gives me piece of mind should the worst happen. Definitely worth it, even for non-immigration purposes.

 

23 hours ago, Inabars said:

Definately great suggestions and we'll look into them. At this point, we were keen on getting this going as we hear the process can take a long time. Unless this going to add major weight to the case, could we make these changes and then I could take them as evidence to the interview? 

If you look at other advice on VisaJourney here, the top two strongest pieces of evidence are (1) proof of having met in person or lived together and (2) financial co-mingling. You have a lot of evidence of a wedding ceremony, but honestly this carries less weight then (1) and (2). You have lots of (1), but I think adding each other as beneficiaries to each other's bank accounts or savings accounts shouldn't take too long (honestly most could probably be done online). Look ultimately, it's up to you. You have a solid application, BUT if this stuff takes <1 week and can strengthen your application, it would be worth it for me. But this is ultimately something you have to decide.

 

 

 

[Ryan H 3,893]

On ‎3‎/‎29‎/‎2017 at 9:22 AM, Inabars said:

Hello / G'day  

 

My husband (USC - petitioner) and I (Australian citizen - beneficiary) are just starting our immigration process. Just by way of a quick background, we met in early 2015, he's travelled to Australia 4 times and I've been to the US 3 times on the visa waiver program (I have always abided by the VWP conditions and have always departed prior to 90 days). We had a traditional wedding ceremony in Australia in July 2016 and a civil ceremony in USA in October 2016. We are now starting our IR-1/CR-1 process starting with the I-130: Petition for Alien Relative. 

 

I discovered this forum and have found it very helpful reading through the information (including the discussion forum, guides and wiki pages) as we prepare our petition paperwork but the nerves are kicking in before we send everything off.

 

We've completed the I-130/ I-130A (Feb 2017 version), so I have attached a cover letter to the pack which states that we have included are the following documents:

 

·       Personal check in the amount of $535 filing fee;

·       I-130: Petition for Alien Relative;

·       I-130A: Supplemental Information for Spouse Beneficiary;

·       G-1145: e-Notification of Application/Petition Acceptance;

·       Two Passport Size Photographs (Petitioner);

·       Two Passport Size Photographs (Beneficiary);

·       Copy of U.S. Passport (Petitioner);

·       Copy of Australian Passport (Beneficiary);

·       I-94: Arrival/Departure Record (Beneficiary);

·       Copy of Marriage Certificate issued in USA;

·       Copy of Judgement of Divorce (Petitioner's previous marriage which ended in 2009, divorce granted 2011);

·       Copy of U.S. Naturalization Certificate (Petitioner);

·       Copy of Australian Citizenship Certificate (Beneficiary); and

·       Evidence of Bona Fida Relationship and Marriage;

o   Statement detailing our relationship history and marriage;

o   Evidence of relationship including the following:

• communication records - including extracts from mobile phone bills, WhatsApp and emails over a two year period;
• Flight itineraries from our total of 7 trips to/from US/Australia;
• Flight itineraries from two trips taken together including hotel bookings which have both our names;
• Photographs taken on our holidays together;
• Engagement ring receipt;
• Photographs taken just after he proposed;
• Engagement announcement to friends;
• Photographs of the Wedding card;
• Photographs taken during the wedding and wedding reception including with friends and family;
• Screenshot of wedding video on YouTube;
• Copies of emails sent to wedding coordinator; and
• Bank statement showing transfer of funds. 

(Please note: As I do not reside in the US, we don't have any of the documents of Bona-Fida marriage specified by USCIS including joint leases or bank accounts, no children (yet!) hence the documents listed above).

 

We were hoping to seek your advice/guidance as to whether you think we may have missed anything or have made any mistakes.

 

Thank you so very much in advance  

 

 

 

I lined out the items you absolutely do not need; USCIS as well as the Consulate does not require and will not expect a couple living apart in separate countries to have joint leases or accounts (or children).

[Ina2017 40]

On 3/30/2017 at 1:02 PM, agripa said:

You will be required to provide this at the next stage (when you submit documents to the NVC); so by the time you get to the interview stage at the embassy the consular officer will have those documents in front of them. There's already sooo many documents you're sending with the I-130 application, i would not include things which aren't strictly necessary or will help prove a bonafide marriage. I'd leave it out for now.

 

I don't think this is universally true. I work at University here in the United States and they added my wife who's living in india NO problem. They just wanted to see a marriage certificate. No requirement for a SSN! Ask your work and check! While my wife can't really use the health insurance, it does cover emergency visits ANYWHERE in the world, which gives me piece of mind should the worst happen. Definitely worth it, even for non-immigration purposes.

 

If you look at other advice on VisaJourney here, the top two strongest pieces of evidence are (1) proof of having met in person or lived together and (2) financial co-mingling. You have a lot of evidence of a wedding ceremony, but honestly this carries less weight then (1) and (2). You have lots of (1), but I think adding each other as beneficiaries to each other's bank accounts or savings accounts shouldn't take too long (honestly most could probably be done online). Look ultimately, it's up to you. You have a solid application, BUT if this stuff takes <1 week and can strengthen your application, it would be worth it for me. But this is ultimately something you have to decide.

 

 

 

Hi Agripa 

 

So we looked into adding me to his bank account, and there's a whole heap of paperwork required including getting letters from my Australian bank, identification checks in person (which I can't do as I'm not there) and completing a 'W8' form. Likewise, insurance won't add me without a US social security number. In a nutshell, we're going to have to rely on what we have. 

 

Thanks for the advice, and in the meantime, here we go!

[Ina2017 40]

On 3/30/2017 at 1:06 PM, Dee elle said:

Don't send anything that is NOT on the required list

 

Send everything that is ON the required list

 

 The first stage is  about establishing the petitioner's status to apply for a visa for the categor being used..

 

 The next stage will be about the beneficiary and the validity of the marriage relationship..

 

As you have not lived in the same country together as residents for any length of time, it will be understood that you do not have much co-mingling of finances etc.

 

Hi Dee, thanks for having a look. Right, everything unnecessary has been knocked off and the pack looks about ready to go based on whatever we have. Hopefully we'll have a good run and this won't take till kingdom come for us! 

thanks once again - really appreciated!

[Ina2017 40]

23 hours ago, Ryan H said:

 

I lined out the items you absolutely do not need; USCIS as well as the Consulate does not require and will not expect a couple living apart in separate countries to have joint leases or accounts (or children).

 

Hi Ryan - thank you. All unnecessary documents have been removed. Here we go! 

[JessieABC 159]

 

12 hours ago, Inabars said:

Hi Agripa 

 

So we looked into adding me to his bank account, and there's a whole heap of paperwork required including getting letters from my Australian bank, identification checks in person (which I can't do as I'm not there) and completing a 'W8' form. Likewise, insurance won't add me without a US social security number. In a nutshell, we're going to have to rely on what we have. 

 

Thanks for the advice, and in the meantime, here we go!

W-8BEN is only required for joint account holders.  He can still add you as an authorized card holder and have a card with your name sent to him. 

My husband and I also live apart and used the following to establish financial "co-mingling":

• We added each other as beneficiaries to our savings accounts at work
• We added each other as authorized users to our credit card accounts
• I (US Petitioner) added him to my investment accounts as a beneficiary
• I added him to my private savings account and included a letter from my bank attesting to the account owner and amount
• I added him as a beneficiary to my life insurance at work
• I added him as a beneficiary to my ROTH IRA

Hope this helps   For all of the above, they only required one or more of the following: His name, address, date of birth, and phone number.

Edited April 2, 2017 by JessieABC

[Thesmiths2016 117]

Hi, looks good to me except that as mentioned you don't need your citizenship certificate.  I did include my passport bio page (I'm the beneficiary) as did my husband as the petitioner.  I also suggest if you don't have it in your letter outlining your relationship, mention of why you don't live in the same country currently. Explain that you are only able to visit each other currently on visitor visas and that your husband is in the US for work reasons and so on. 

My husband and I lived in melbourne for 6 years and had to explain in our letter why he was abroad and why we didn't live in the same country the first year of our relationship. 
We had the same issues adding to bank accounts, lease agreements etc (maybe its different for the others who have posted but we too found that in australia they need to physically be there to be added.)

Personally I think there's ample evidence of your relationship, and Australia isn't a high fraud country.

[Ina2017 40]

18 hours ago, JessieABC said:

 

W-8BEN is only required for joint account holders.  He can still add you as an authorized card holder and have a card with your name sent to him. 

My husband and I also live apart and used the following to establish financial "co-mingling":

• We added each other as beneficiaries to our savings accounts at work
• We added each other as authorized users to our credit card accounts
• I (US Petitioner) added him to my investment accounts as a beneficiary
• I added him to my private savings account and included a letter from my bank attesting to the account owner and amount
• I added him as a beneficiary to my life insurance at work
• I added him as a beneficiary to my ROTH IRA

Hope this helps   For all of the above, they only required one or more of the following: His name, address, date of birth, and phone number.

Hi Jessie thanks for the clarification. We've decided to go ahead with the petition with whatever we have at this stage and he's going to look into adding me to accounts, insurance etc in the coming months while the process is underway. We think that this way we can take this information with us to the interview as evidence. Thank you so much! 

[Ina2017 40]

13 hours ago, Thesmiths2016 said:

Hi,

 

Hello

 

looks good to me except that as mentioned you don't need your citizenship certificate.  I did include my passport bio page (I'm the beneficiary) as did my husband as the petitioner.  I also suggest if you don't have it in your letter outlining your relationship, mention of why you don't live in the same country currently. Explain that you are only able to visit each other currently on visitor visas and that your husband is in the US for work reasons and so on. 

 

Great points! thank you, I'll certainly add in the information about living in different countries and the travel back and forth on ESTA. 

 

My husband and I lived in melbourne for 6 years and had to explain in our letter why he was abroad and why we didn't live in the same country the first year of our relationship. We had the same issues adding to bank accounts, lease agreements etc (maybe its different for the others who have posted but we too found that in australia they need to physically be there to be added.)

Personally I think there's ample evidence of your relationship, and Australia isn't a high fraud country.

 

I'm so nervous (particularly with the new administration) - I've already been stopped by Border Protection Officers on my last visit even though I had ample evidence that I was returning home. I've never overstayed my ESTA and I've always been truthful about the reasons for my visits to the States.  My husband seems to think we'll be ok because like you, he also says Australia isn't a high fraud country and in his opinion (based on anecdotal evidence) people get their CR1 petitions approved on far less information. He thinks what we've put together is an overkill and I think we can still add more. Sigh! Oh well...

 

Thank you so much for your advice, I really appreciate it.