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lmegac

Over 60 engaged couple seeking advice on Spousal Visa

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I am USA Citizen and a widow of 7 years.  My South African partner of 5 years (2.5 dating and 2.5 living together) are currently working all over Africa, but mainly in Nigeria where he will shortly have a Temporary Residence Permit.  We will be ready to retire in about 3 years.  We have known each other for almost 40 years.  We recently became engaged.  I have several questions:

 

1. Should we get married in the USA went visiting next July?  Pros and Cons please?

2. Should we apply before we know when we are wanting to retire?

3. Is there an age limit to moving as a spouse to the USA?

4. Is there anything we should be doing now to make life easier later on?

5. Where should we apply for visa?  He currently has a 10 year USA visa expiring in 5 years time.

 

I have used this website before when my Mother came to live with me in the USA and it was the most amazing experience.  I was advised ahead of time what forms would need to be filled in and was able to get the process done in a minimum amount of time.  All advice will be gratefully received.

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1 hour ago, lmegac said:

I am USA Citizen and a widow of 7 years.  My South African partner of 5 years (2.5 dating and 2.5 living together) are currently working all over Africa, but mainly in Nigeria where he will shortly have a Temporary Residence Permit.  We will be ready to retire in about 3 years.  We have known each other for almost 40 years.  We recently became engaged.  I have several questions:

 

1. Should we get married in the USA went visiting next July?  Pros and Cons please?  This is really up to you, no real pros or cons immigration wise as long as you are legally married.  If you do decide to come to the US to get married which is perfectly legal, be ready to show evidence there is no plan to stay and adjust when your fiancé attempts to enter the US.

2. Should we apply before we know when we are wanting to retire?  The CR1 wait time is currently around 14 months, so you can plan accordingly when your retirement plans are fully set and start the process about a year and a half or even two years prior to that date as processing times may vary, and the visa itself once issued will be valid for 6 months.

3. Is there an age limit to moving as a spouse to the USA?  No

4. Is there anything we should be doing now to make life easier later on?  Research what you need to do as the USC to set yourself back up in the US.  You also may want to research Direct Consular Filing in the areas where you work.

5. Where should we apply for visa?  He currently has a 10 year USA visa expiring in 5 years time.  I believe this depends on where his current residence is located.

 

I have used this website before when my Mother came to live with me in the USA and it was the most amazing experience.  I was advised ahead of time what forms would need to be filled in and was able to get the process done in a minimum amount of time.  All advice will be gratefully received.

Good Luck!


Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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35 minutes ago, Bill & Katya said:

Good Luck!

Thank you for answering all my questions.  With regards to the entry, we will have a return ticket to wherever we are coming from.  We travel back and forth often, so it should be ok.  But good to know in case we are asked the question. 

 

I thought I read somewhere that you had to apply in the country you were married in, so was concerned about that.  With the type of work we do, we are concerned that a contract could be terminated at any time and we are left sitting in a country that we don't want to be in, or are unable to stay in due to the fact that we got married there.  I guess I may have misunderstood.

 

And again, many thanks. :)

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21 minutes ago, lmegac said:

Thank you for answering all my questions.  With regards to the entry, we will have a return ticket to wherever we are coming from.  We travel back and forth often, so it should be ok.  But good to know in case we are asked the question. 

 

I thought I read somewhere that you had to apply in the country you were married in, so was concerned about that.  With the type of work we do, we are concerned that a contract could be terminated at any time and we are left sitting in a country that we don't want to be in, or are unable to stay in due to the fact that we got married there.  I guess I may have misunderstood.

 

And again, many thanks. :)

You can submit the required paperwork from anywhere.  However, his spousal visa interview (in about 12-14 months)  will have to be in a country where he has legal residence or his home country.  In my opinion, marrying sooner means you can start building quality evidence of a bona fide marriage sooner. The strongest evidence you can provide is that of time actually spent together as spouses.  Nigeria is a high fraud country, which usually requires a great deal of quality evidence to be successful.....this is especially true if there is a large age difference and/or if the male is younger.  Two years gives you a time to build your case before applying for immigration to the US a year later.  Good Luck...


First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

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Medical Insurance etc is the tricky bit.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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50 minutes ago, missileman said:

You can submit the required paperwork from anywhere.  However, his spousal visa interview (in about 12-14 months)  will have to be in a country where he has legal residence or his home country.  In my opinion, marrying sooner means you can start building quality evidence of a bona fide marriage sooner. The strongest evidence you can provide is that of time actually spent together as spouses.  Nigeria is a high fraud country, which usually requires a great deal of quality evidence to be successful.....this is especially true if there is a large age difference and/or if the male is younger.  Two years gives you a time to build your case before applying for immigration to the US a year later.  Good Luck...

Great points, thank you.  I am guessing that South Africa or Nigeria would be the place we would need to visit for interview.  Is it just him, or both of us that needs to go for interview?  There is a great Embassy here in Lagos, and in fact my friend used to work there but sadly she has moved on to another posting. :( I think we will be ok in the most part, as neither of us are Nigerian, (we just have a contract here) we are both in our early 60's he is a couple of years older than me and we have European ancestory. My family are British and his Dutch.  We have kept records of conversations from when we first met up again.  And have proof that we have traveled together for past 2.5 years on business/vacations.  I have kept many of our boarding passes. And have kept all travel docs in my emails.  My only concern is if we apply too early or too late.  We have to finish off contracts, and we don't want to be homeless.  Can he come to the USA on his regular visitors visa and then apply?  Or is that a no-no, especially if we are married at that stage.  I have a house in the USA and it would be cheaper to live there than anywhere for the waiting period.?  Oh gosh!  You have got me thinking now.  Thank you again.  And congrats on the Ceremony.

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Medical is a tricky one, for sure.  Currently we both pay international policies, but I may look for a part-time job that will cover us.  Then it will have to be back on the International one for him, until such time as a local one can be obtained.  I am thinking Costco have great cost saving ones and I have used them before.  But thank you for mentioning it.

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Not many part time jobs will provide Medical cover and even fewer cover a spouse as well.

 

Will he be working in the US?

 

Costco have a Pharmacy, but often cheaper to get stuff from Canada etc.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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14 minutes ago, lmegac said:

Great points, thank you.  I am guessing that South Africa or Nigeria would be the place we would need to visit for interview.  Is it just him, or both of us that needs to go for interview?  There is a great Embassy here in Lagos, and in fact my friend used to work there but sadly she has moved on to another posting. :( I think we will be ok in the most part, as neither of us are Nigerian, (we just have a contract here) we are both in our early 60's he is a couple of years older than me and we have European ancestory. My family are British and his Dutch.  We have kept records of conversations from when we first met up again.  And have proof that we have traveled together for past 2.5 years on business/vacations.  I have kept many of our boarding passes. And have kept all travel docs in my emails.  My only concern is if we apply too early or too late.  We have to finish off contracts, and we don't want to be homeless.  Can he come to the USA on his regular visitors visa and then apply?  Or is that a no-no, especially if we are married at that stage.  I have a house in the USA and it would be cheaper to live there than anywhere for the waiting period.?  Oh gosh!  You have got me thinking now.  Thank you again.  And congrats on the Ceremony.

1.  Only your spouse will interview.

2.  Your husband (or fiance) can not come to the US via a tourist visa with the intent to stay.  That is visa fraud.  However, he can come to the US and visit during the spousal visa process.  But he MUST leave the US prior to the expiration of his authorized stay.  Of course all non-immigrant entries into the US are at the discretion of the CBP officer upon his arrival.  Therefore, it is wise to bring evidence of his ties to his home country or country of residence.   

 

BTW, my wife and I were 59 and 64, respectively, when we applied......good luck.

Edited by missileman

First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

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All good points again.  And I am thrilled to see that not just young'uns' are applying and living in the USA :)

I see from your profile that a 2 year Green Card was received.  What happens after the 2 years?  I didn't know about this.  Do you then have another interview or something? Can you apply for citizenship after this time?

My home is in Plano Texas, so your advice is even more helpful to me :)  We are getting married on the 4th of July, at a friends small holding/Ranch, just on the outskirts of Plano.  

Please tell me if I am asking too many questions, but I finally have a time to sit and think about all this. Work does cut into our personal time a great deal. And your story is very similar to ours.

One big downside is that he has very little ties to his home country as we travel so frequently and only go back for doctors visits etc.  He does have 2 children 19 and 22, but lives with his sister when there.  Hopefully the Nigerian residence permit will be sufficient.

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18 minutes ago, lmegac said:

All good points again.  And I am thrilled to see that not just young'uns' are applying and living in the USA :)

I see from your profile that a 2 year Green Card was received.  What happens after the 2 years?  I didn't know about this.  Do you then have another interview or something? Can you apply for citizenship after this time?

My home is in Plano Texas, so your advice is even more helpful to me :)  We are getting married on the 4th of July, at a friends small holding/Ranch, just on the outskirts of Plano.  

Please tell me if I am asking too many questions, but I finally have a time to sit and think about all this. Work does cut into our personal time a great deal. And your story is very similar to ours.

One big downside is that he has very little ties to his home country as we travel so frequently and only go back for doctors visits etc.  He does have 2 children 19 and 22, but lives with his sister when there.  Hopefully the Nigerian residence permit will be sufficient.

If you are married for less than 2 years when he enters the US with a spousal visa, he will receive a 2 year conditional green card.  Then, at the end of 2 years, you will file for Removal of Conditions. That will result in a 10 year green card.  If he enters the US after the 2 year anniversary of your marriage via a spousal visa, he will receive a 10 year green card.

 

You are not asking too many questions....VJ members have a lot of experience, and we are happy to share.

 

The Nigerian residence is a good piece of evidence to  tie him to that country imo, but more evidence of strong ties is always a good thing.


First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

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The medical part is a big consideration (as are the taxes as noted above). This will play into the public charge risk the CO makes before issuing the visa.

What is your plan for the I-864 (affidavit of support) since it sounds like there is no income that will continue from the same source upon returning the the US? Sufficient assets? Joint sponsor?


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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30 minutes ago, geowrian said:

The medical part is a big consideration (as are the taxes as noted above). This will play into the public charge risk the CO makes before issuing the visa.

What is your plan for the I-864 (affidavit of support) since it sounds like there is no income that will continue from the same source upon returning the the US? Sufficient assets? Joint sponsor?

Fortunately, I have income on a regular basis from investments, and the company I used to work for have a great inexpensive medical and have said they would look into myself or even both of us a part-time position.  Enough hours to get medical.  Also Costco have Medical Plans at really good rates.  I have used them previously.  I earn enough from that cover the amounts they are talking about being minimum.  While out of the USA I/we don't pay USA taxes, because I am out for more than 330 days per year.  South Africa have extremely high taxes as does Nigeria, so we are used to paying.

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