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awaywego

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Posts posted by awaywego

  1. One does not need a special visa to marry in the US. If a non-USC fiance(e) has a B2 and is allowed entry to the US, then, sure, the couple can marry in the US and return home for the spousal visa process.

    If the couple is in the K-1 process, they would cancel – a married person does not qualify. They would then start the CR-1 process from the beginning. There is no AOS with CR-1, as it is an immigrant visa. However, there is still ROC two years after receiving the conditional green card. (If the immigrant spouse enters after two years of marriage, he/she receives a ten-year green card, which is not conditional, so no ROC.)

    Whether continuing with the K-1 or marrying and starting the CR-1 process is a better choice for the two of you depends on your situation. There's a comparison in the Guides section (menu at top of page) that might help.

  2. For DCF, you'll also show that the USC has been residing in the Philippines for at least six months. Manila's USCIS field office page has info on how to show this (click "I-130" to expand), or a few threads on this board have examples of what others have sent. You could also contact Manila directly to get the most updated information on their requirements.

    Don't forget fee payment.

    You can enclose a cover letter if you'd like. I've seen a few floating around this site, general outline: to, from, regarding, I am a USC petitioning my husband and children, these things are enclosed, sincerely.

    I presume the kids aren't eligible for CRBA. (If they're yours and you haven't checked on this, do.) I believe it's separate I-130s (and fees) for children of USCs, but someone else will have to comment on the children's petitions, as I'm not familiar with that process.

  3. We flew our cat internationally. We looked up reviews of airlines beforehand and chose one that seemed reasonably pet friendly, talked with them to find out their requirements from the vet and for transport, and booked her passage as soon as we had our seats. As others have said, you'll also want to check whether the state requires, e.g., documentation of rabies vaccination or certificate of good health.

    We also did a number of things to try and make the flight less uncomfortable (for her and for us). We chose the most direct flightplan. We also set the carrier out for a couple months before the trip so she would get used to it as part of her territory, occasionally coaxing her inside with treats. She was in the cabin with us for the flight, and we put a blanket from home over part of the carrier so that she had more familiar smells and to help keep her warm on the cold airplane floor.

  4. Great response to the first bunch of questions. On the domicile questions:

    1) You do not need to be in the US when you file the I-130. You can file from Dubai, and you can stay in Dubai with your wife during the visa process.

    2) If you live abroad when the I-864 is filed, you would either show that you have maintained a US domicile or that you intend to reestablish a US domicile no later than when the beneficiary enters the US. (The third option involves working for certain US companies or the military. You'd need to look at the I-864 instructions for more information, if you think this might apply to you.) Provided you do this, you do not need to move back to the States until the time your wife does.

    4) The I-864 is sent to NVC as part of the AOS package. See the IR-1/CR-1 section in the Guides (top of page when on a computer).

    3) The documents required depend on which path you take to domicile (see #2). Read the I-864 instructions to see which path best fits your situation and to see their examples of evidence. The NVC Process wiki here has a few other examples. Generally, think of what people do when they either still live somewhere or when they are preparing to move somewhere (depending which path is best for you). Do those things, and collect evidence that you've done them.

    5) Yes. Your Dubai income will not count to sponsor your wife, though, since it will not continue from the same source. You might want to look into a joint sponsor or using assets. The I-864 instructions have information on both of these options.

  5. As others have said, a joint sponsor can take care of the monetary portion of the I-864.

    With your domicile, you will be looking at intent to establish. Basically, you'll want to think about steps one generally takes when one moves somewhere else, and then do those things and collect evidence that you've done them. The I-864 instructions has a bit of information on this, and you'll find some examples in the NVC Process wiki here. (Scroll down a bit, to the letter.)

  6. The IRS website has information on when a USC is required to file taxes. If there is no income, generally the person is not required to file. Income that has not been reported and worldwide income are included in the calculation for whether one must file. (Foreign income might then qualify for exclusion from US taxation under the FEIE.)

    If the sponsor was not required to file taxes, check the I-864 instructions for how to address this. It involves including a declaration of why.

  7. This is an old thread but it came up in my search and is the question I am wondering about. My husband and I lived in the US together for 13 years. He held a valid green card. We now live abroad. Do we need to obtain only a police record from the country we currently live in? We lived in many states while in the US so I don't exactly know how we'd get all those reports. Thank you.

    The information in this old thread is still accurate; you do not need to obtain a police certificate from the US, as they will do their own checks.

    Your husband will likely need a certificate from the current country. If he has lived in other countries since turning 16, he might need to obtain additional certificates. Here are the cases in which he'll need to obtain one, from the State Department's NVC page:

    IF you…have been living in your country of nationality at their current residence for more than 6 months

    AND…you are 16 years old or olderIF you…lived in a different part of your country of nationality for more than 6 months

    AND…you were 16 years or older at that timeIF you…lived in a different country for more than 12 months

    AND…you were 16 years or older at that timeIF you…were arrested for any reason

    AND…you were any age at the time of the arrest

    (That page also contains a link to the reciprocity schedule per country, so you can look up how to get the certificate(s) needed.)

  8. Thank you! That is what I have been doing so far.

    One thing that was off in their website was that they wanted everything translated into English even though it states Greek is fine too.

    We have so far spent over 500 Euros in translations and I still need to translate my degrees and qualifications!! Yikes!!!

    The USCIS portion is in English, but anyone who speaks both languages can translate. As far as I know, this is a USCIS requirement, and it's the same across embassies/consulates that offer DCF. (The USCIS office is separate from the embassy/consulate portion.)

    The embassy/consulate can have its own translation requirement for the papers that go with the visa application. English or local language seems most common, but some places want everything in English.

    I have not heard of a case where the beneficiary has been asked to provide copies of his/her degrees and qualifications to obtain a spousal visa. Perhaps more senior members have.

  9. You'll want to include evidence that she is taking steps to reestablish her life in the US. Sounds like you're to a good start. A few links for further reading, each of which has a section on domicile:

    The I-864 instructions (you probably have them downloaded)

    USCIS's I-864 FAQ

    London's I-864 FAQ

    This VJ FAQ on NVC has a sample letter including an example of how to address reestablishing domicile

  10. Thank you so much for your time!!!

    We are doing DCF in Athens. How is this different that the steps discussed here?

    http://www.visajourney.com/wiki/index.php/EZGuideSpouse

    We got approval of our I-130 in 8 days and we are being forwarded to the consuls now to file the rest...

    The difference is that everything is handled locally. The USCIS office is local, so your I-130 did not go to a USCIS center in the States for processing. Since your file is already at the embassy, it is not sent to NVC before being sent on to the embassy.

    The documents are basically the same, but the when and where vary. If in doubt, go with what Athens requests from you.

  11. You likely have more evidence of a bona fide marriage than you think you do. Try thinking about what you have instead of what you don't. Only been married since December? Send evidence covering the length of your relationship. (A bona fide marriage generally starts before the wedding, after all.) Unable to have a joint bank account? Perhaps he was granted some access, like an ATM card or authorized user status. (If not, no one piece of evidence will make or break.) No able to have husband on the lease? Send something that shows he lives at that address, like his visa/residence permit, some other official document, a bill, etc.

    Also, check the bottom of the EZGuideSpouse for a list of items that others have sent.

    This page on Athens's site might answer your question on what they'll request next. They should contact you once the I-130 is approved, but I find that knowing what's coming helps with my worries.

  12. I think what you bring on an international move depends partly on what items are most important to you. We approached packing for our move from the US to Germany (other direction, I know) as an exercise in determining the things that are the most important, as well as in determining what would be the most troublesome/expensive to replace.

    Before we moved, we spent a huge amount of time going through everything we owned:

    Do we need this?

    Do we use it regularly?

    Can we replace it for less than it costs to ship?

    Does it have sentimental value?

    (Extra question, since you're moving in with someone: Does he not already have one as good or better than this?)

    If no, off to Craigslist, charity, or trash it went. If we thought we'd need it ASAP, it went into a suitcase to take with. If we thought it could wait, it went into storage at the parents' house.

    We brought with us clothing and shoes (expensive to replace), supply of face cream (not sold here), some kitchen items (we like to cook), a couple games (activity enjoyed together), and a few sentimental items. First trip to the States was more shoes (more expensive here) and more kitchen stuff.

    World Market has foods from various countries, including chocolate and other candies, for those looking. (We also bring chocolate when we visit the States.)

  13. Have you looked into a joint sponsor? We live together abroad, and this is our plan, as the USC's income does not count for sponsorship when it will not continue from the same source.

    Your other option, as noted, is to sponsor once you find a higher-paying job in the US; no need to wait three years. It sounds, though, like you would prefer to live in Morocco while the CR-1 is being processed.

    You can address domicile with either plan for living in Morocco (but check that the "perpetual tourist" plan is valid). You will show either that you have maintained domicile or that you intend to reestablish domicile no later than the date your spouse enters the US. The I-864 instructions address each path, and there are some example evidences for each path in the NVC Process wiki here (scroll down a bit). You may be able to get some information about how strict your embassy is on domicile from embassy reviews or the MENA board.

  14. Okay will get her to do that. And IF she wont be able to Sponsor me for my visa thus, having a joint sponsor must she still show proof of her tax returns?

    As the petitioning spouse, she will be the primary sponsor. This means that she'll fill out the I-864 and submit the papers that go with it. This is the case even if you have a joint sponsor.

    The IRS website has more information on the income threshold for when USCs are required to file. If your wife was required to file taxes for the years she was abroad (required if, e.g., her income was above a certain amount), look into the Foreign Earned Income Exclusion so that she doesn't pay taxes a second time on the same income.

  15. -thank you awaywego! thats really helpful i guess im just a little paranoid about the requirements and making sure that we have all the possible papers that we can present although its not necessary.xD

    but besides from the contract for renting the house that were livingin right now and the receipts for renting it we wont have other bills to show under our name,ill check the links that you gave me so ill have more info about it.thank you! :D

    Remember that the lists of possible evidence of bona fide marriage aren't a list of requirements, and no one thing is the key to proving or disproving that your marriage is bona fide. If you don't have something on there, you don't have it. Focus on the things that you do have to give an overview of your bona fide marriage for the officer.

  16. The I-864 instructions also address domicile, as does this FAQ page from the State Department. Those might help.

    Check also to see if you can find information about how your embassy/consulate approaches domicile. Some are more strict than others.

    For the I-864, you will be the primary sponsor. If you have not been filing taxes and reporting your worldwide income teaching English (if above the threshold to file), do so now. (Look into the Foreign Earned Income Exclusion so you won't be taxed a second time on that income.)

    A joint sponsor would fill out his/her own I-864. The sponsorship requirements are the same as they would be for you.

  17. You can file whenever you want but i suggest that you file as soon as possible. CR1 visa takes almost a year to process or more and you really don't want to delay it. :)

    Yes, normally, but DCF is a slightly different process, and the timeline is usually much shorter.

    MrsHips, double-check your list against that in the I-130 instructions, or check the VJ guide or wiki. You have some papers, e.g., your birth certificate, that are not required at this stage unless Manila specifically requests them. (They don't post their DCF information online, so I don't know.) That wiki link also has a (long) list of possible evidence of bona fide marriage that you could compare to what you plan to send.

    Manila requires that the USC has lived in PI for six months, so you can file as soon as that is true. If you want to shorten the process, you and your husband can prepare for the next step (I-864, etc.) while waiting for the I-130 approval.

    Unfortunately, the bills sent to the apartment don't show much except that someone pays for the apartment's electricity and water. Do you have a way to show that you two, specifically, pay these bills? Maybe receipts in your names? (If not, joint bills aren't required to be in a bona fide marriage.)

    Don't forget photos from after your wedding, too! :)

    The wisdom on this site is that third-party affidavits only need to be notarized if required by the consulate.

    Others can give country-specific feedback.

    Added: Another link: The thread below yours addresses how to show the USC's residency.

  18. We haven't filed yet, but we always take evidence of residence/property/cash, evidence that the USC resides in the other country (since the idea would be that the USC is the non-USC's tie to the US), and all of our itinerary information. Once we have the NOAs from filing, we'll add those to the packet. Your wife by now must have a good history of entering and exiting as promised, which is supposed to also help.

    There's a ton more information on entering while in the process in the pinned post at the top of the IR-1/CR-1 forum.

  19. As an American, you can visit (not live in) the Schengen zone for 90 days without a visa.

    If you plan to stay longer than 90 days, you will need a residence permit. For information, try the website for the German Missions in the US (in English/German), the Auswärtiges Amt (in German), or your boyfriend's local Ausländerbehörde (in German) for information. I imagine you will need a reason to be living in Germany, such as spouse, work, or schooling.

  20. As I think is clear by now, DCF would be faster than filing with the lockbox. I don't know the time London is taking, but you could check in the DCF forum or in the VJ stats (data only as good as that entered).

    A couple links for you:

    One of the London DCF alumnae maintains a VJ wiki page on their process.

    A previous poster mentioned that you will need to address domicile if you live abroad when filing the I-864 (not sent with I-130). London discusses how they approach this in their FAQ pages.

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