awaywego

We married in the US, as well, and looked into this. There is no registration process for marriages abroad. If you're married, cool, so long as it's legal in the jurisdiction performed and would be valid in Germany (e.g., you're not already married to someone else). I think this is covered in the link above in bureaucratic language.

If you want a version of your marriage certificate that is internationally recognized – including by Germany – you could look into adding an apostille (Texas info). We obtained one because we live in Germany and would be asked for the certificate, e.g., when we registered our residence.

If looking to inform Germany about a name change with marriage, try this link (in German): link

Thank you for your answers. I did not know that DCF was so fast. I will definitely consider the DCF option. But I have a question about the I-864 and the joint sponsor: I read in this page: (http://www.***removed***/affidavit-of-support/country-of-domicile.html) that in the affidavit of support, I must have a domicile in the US, and if this is not the case a joint sponsor cannot be authorized.

"A U.S citizen or legal permanent resident petitioner who is not domiciled in the US cannot sponsor. The law requires that sponsor be domiciled in any of the states of the US, the distric of Columbia, or any territory or possesion of the US."

"A joint sponsor cannot be authorized in cases where the petitioner cannot be a sponsor by virtue of domicile. The petitioner must first meet all requirements for being a sponsor (age, domicile, and citizenship) except those relating to income before there can be a joint sponsor."

As others have said, marrying then filing direct to Frankfurt will be the fastest, simplest, and cheapest path. See the links in my signature for more information.

To help clarify the bits that you quoted: Domicile is not necessarily synonymous with where you currently live, but rather references your permanent home ("principal residence" in the I-864 instructions). That means you can address the domicile requirement even if you plan to live in Germany until your fiance/husband moves to the US. You would do this either by showing that you have maintained US domicile or that you intend to reestablish US domicile no later than the date that he enters. These links might help:

I-864 form and instructions

State Department FAQ

London embassy's FAQ

VJ wiki (including a sample letter to address this requirement)

What happend if we do not find someone that wants to be our joint sponsor? Could they consider his income if he is working?

The intending immigrant spouse's income can be used to sponsor, but only if it will continue from the same source after moving to the US. The same goes for your income. The assets that you mentioned can be used to sponsor or to supplement your sponsorship. More information is in the I-864 instructions.

Thanks for the responses. I do not want her to go insane from boredom so we figured the Spouse Visa would be a great way to show up and hit the ground running so to speak. Our plan is to have a small ceremony, then have her fly back to Germany after filing the necessary paperwork so we can get started. Most information I see on the VWP seems to imply that there are big problems if we were to say marry and then she remains here. My biggest concern, though, is her getting blocked from entry and then we get to deal with trying to figure out how to cope with visa fraud/whatever other nasty penalties they can cook up.

Yes, there would be big problems if you intend to marry and then your fiancee/wife remains in the States after entering as a visitor. This is not your plan, however. Since your fiancee will return to Germany after the wedding, marrying while she is a visitor is totally fine.

What the CBP officer will think is a valid concern, as your fiancee could be denied entry if the officer decides that she has immigrant intent. In case her intent to leave is questioned - it may or may not be, who knows - she can bring ample evidence of her plans to return to Germany. Check out the "Yes you can visit" threads pinned at the top of this board and the K-1 board for examples.

Since you have a joint sponsor, your husband's job is not required for the financial sponsorship requirement of the I-864. (If your husband was your sole sponsor, he would show income at 125% of the poverty line for your household size [or assets at a different rate]. This is what your friend was referencing when saying your husband should get a job.)

The other requirement addressed in your two options is domicile. If your husband moves back to the US before the I-864 is presented, this is covered. If he is living in Mexico, he would provide evidence that he is either domiciled in the US or intends to reestablish US domicile no later than the date that you enter. Some examples of evidence that he might provide are in this VJ wiki.

Whichever way you and your husband decide to go, you (hopefully) will not need to submit changes so long as all of the requirements are covered.

The US requires no special visa to marry, only to stay. As others have suggested, a visitor's visa (B-2) will do. Your fiancee might well receive extra scrutiny because of your relationship, so look at providing strong evidence that she intends to return to China.

The I-130 petition packet is the first step. Once that petition is approved, your wife can apply for the IR-1/CR-1 visa. The IR-1/CR-1 application (DS-260) part of the process is when you'll come across the medical, interview, and I-864.

I found this page on Moscow's site, which might help you prepare: http://moscow.usembassy.gov/iv-interview-instrux.html

P.S. Yes, Form I-864 is the Affidavit of Support

Start with the IR-1/CR-1 guide linked above. (If you're wondering, your wife will receive an IR-1 because you've been married more than two years. That is good for ten years, and you will not have to remove conditions.) It will tell you what to send and when. There is information in the instructions for various forms and even more information on these forums.

You and your daughter could move to the US at any time, as you're citizens, but I know of no waiver that will allow your wife to live in the US before she has a visa that allows her to live there.

There was for a while talk on VJ about some auto-expedites when the USC lives abroad, depending on where the petition was sent after the lockbox. I'm not sure if they're still happening, and I couldn't find the thread to link with more information than my memory, sorry.

Unfortunately for your timeline, you will not be filing DCF, as there is no USCIS field office in Norway (or Sweden; list here) to process those petitions. Filing to the lockbox means that you will take the more common path outlined in the IR-1/CR-1 guide. This is taking a little over a year, from what I've seen.

To your questions:

1. The joint sponsor fills out the I-864. The joint sponsor's spouse (then also a joint sponsor) fills out the I-864A. The spouse does not need to also sponsor, but it sounds as though both aunt and uncle plan to do so.

2. As the petitioner, you will be the primary sponsor, which means you will fill out an I-864. This requires your tax information for the past three tax years.

If you include tax transcripts, you won't need to track down W-2s or any other pieces that are sent in with the return. You can get these online here.

You are correct that your Norwegian tax returns don't mean anything for the I-864. They only care about your US taxes.

Have you been filing US taxes while living in Norway? USCs are subject to IRS filing requirements even when living abroad. (See the IRS's widget and site for more info.) For any years that you were required to file, get that going now, and look into the Foreign Earned Income Exclusion so that you will not pay taxes twice on the Norwegian income. For any years that you were not required to file (e.g., if your income was below the threshold when you were unemployed), see the I-864 instructions for how to note this.

The thread that Kastrs linked is a good place to start, as you'll find posters who filed around the same time and some to the lockbox from abroad. You could also try searching VJ for threads by people who have filed from Cyprus and see how long it took them to receive the NOA1.

Did you add the G-1145 to your packet? (I'm not sure where I've seen it mentioned outside of VJ, so you may not have known about it.) If so, my understanding is that they'll email or text the NOA1.

Since your income will not be continuing after you return to the US, it will not count to sponsor your wife.

You would fill out the I-864 as sponsor even without continuing income, as you found. This form does require tax transcripts or copies of tax returns for the past three tax years. If you were not required to file taxes for one or more of those years (try this IRS widget or their site for more info), you would note this as outlined in the I-864 instructions. If you were required to file taxes but did not, look into doing so now (and look into the Foreign Earned Income Exclusion so you won't be taxed a second time on the Russian income).

Your father can use his assets to supplement his income, I think counted at 1/5 toward the income requirement. There is a section in the instructions on assets with this information and what can be used.

You can have a second joint sponsor, but not more than two.

Domicile is addressed in the I-864 instructions, this State Department page, and this VJ wiki page. Hopefully those links will help clarify. There are also a number of posts around VJ on the topic.

As another poster suggested, looking at the Russia subsection for consulate-specific information on how assets and domicile are treated is a good idea.

Options for marrying in the US:

1) Start paperwork for K-1 (fiancee) visa, she moves to the US when it's approved, and then you marry. After marriage you submit more paperwork before she is allowed to work. See the guide.

2) Fiancee enters the US on her tourist visa, you marry, then she leaves the US within the confines of the tourist visa. (She will likely want to bring evidence of her ties home in case her intent to leave is questioned. See the threads at the top of the K-1 and IR-1/CR-1 boards.) After marriage you start the IR-1/CR-1 (spouse) visa paperwork, and she moves to the US when it's approved. She can start working when she arrives. See the guide.

Both options have positives and negatives. Which visa path would work better for the two of you depends on your circumstances, priorities, and the like. Here's a comparison of these options to help.

P.S. Your second post, where you ask if your fiancee can enter on her (nonimmigrant) tourist visa with the intent to marry and adjust to immigrant status, is not an option. Stick with the two above.

1. You can continue to live with your partner overseas during the visa process so long as you return to the US no later than the date he enters. (With the IR-1/CR-1 process, at least, this is addressed at the NVC stage. This NVC wiki has more information on "domicile" for those of us living abroad.)

2. The only partnership that USCIS recognizes for family-based visas is legal marriage. This means that the couple either intends to marry (K-1) or is already married (IR-1/CR-1). Civil unions are not recognized for this purpose.

3. If you do IR-1/CR-1 (spouse), you can marry anywhere you would like, so long as the marriage is legal and valid. If you do K-1 (fiancé), you would marry in the US within 90 days of entry.

4. It sounds as though you are most interested in marrying in Samoa then applying based on marriage. This would be IR-1/CR-1, as K-3 is basically never seen. You can find more information on each visa type in the "Guides" section linked at the top of the page.

5. It doesn't hurt to know what your options are, what the process would be to move to the US, how long it would take, and the like. What you and your partner do with that information is up to the two of you.

Hello everyone,

Thanks for all your valuable comments on this issue.

My husband (the USC - he lives with me in Colombia) and I are planning to visit his parents in the US for a week or so. I would like to hear any opinions regarding,

1) Should we go through customs together (like through the US citizens line and I'll go as his family member)? Or is it better if each one goes separately through the appropriate line?

2) Anyone entering with a B1/B2 visa after starting the process... Do you usually get your passport stamped for 6 months or dot hey give you less?

Thanks so much

My spouse and I (VWP and USC) also live abroad together. We always go through the immigration line together. We're a family traveling together and using the same Customs Declarations Form (I can't recall if you need to show this at the immigration desk), plus we don't want to get separated. We ask an officer which line to use, as we've been given different answers and don't want to go through the "wrong" line.

As many have said in this thread, bring evidence of your ties to Columbia. We also bring evidence of the USC's ties abroad. (To us it seems reasonable to show that the USC will also be leaving the States if the issue at entry is that the CBP officer might consider a spouse in the US possible motivation for overstay.)

Starting the immigration visa process should not affect the B1/B2 visa. Others will know for sure.

I don't know that one or the other path is necessarily easier. You'd be looking more at what better fits your situation.

VJ's comparison guide should help. It lists approximate times (try the stats for the specific country for more info) and costs, as well as positives and negatives for each visa type. As another poster said, the K-3 is effectively no more, so you'd be looking at K-1 (fiance[e]) or CR-1 (spouse).

As far as USCIS is concerned, you can live anywhere during the visa process (so long as you address domicile when filing the support paperwork). As far as USCIS is concerned, you can marry anywhere you like (so long as the marriage is legal and valid).

Generally to DCF, the USC must have been a legal resident (generally a list of visas/statuses) for at least six months at the time of filing. Each consulate has its own rules, so you'd want to check the consulates that interest you for their specific requirements. For these qualifying visas/statuses, check for which you're eligible and, perhaps, which of those would be the speediest or least complex (whichever works best for you) to obtain. For that information, you could try the government's site, their embassy in the US, or perhaps there's a forum like this for that country.

If you move after filing direct, my understanding is that the intending immigrant would still complete the process with the original consulate.

The previous poster brought up the question of timelines. If time is an issue for you, then you might want to compare timelines and see what best fits for you and your fiancé. As noted above, you do not need to live in the US for the visa process.

For Frankfurt, at least, you should have six months from the medical exam to enter the US. The visa is dated based on when the medical expires.

Your timeline indicates that you're not at the interview point yet, so probably nothing is scheduled. If you schedule your medical closer to the interview date, your entry window should be larger than if you schedule it earlier on. (You might want to look into how long medical results take to get to the consulate and what happens if they aren't there by the time of the interview, if you do schedule close together.)

Small update on things. My husband and I got married back earlier this summer in Maryland with two of my closest friends and we left our current travel plans asis.

He is about to start the CR-1 process in early January 2015. I noticed on the CR-1 page about assembling the I-130 checklist that Evidence of a Bonifide Marriage is required. 1-4 don't cover our situation. He has always lived in the USA and I've always lived in Canada. Our finances have always been separate outside of him helping me pay for the odd bill here and there over the years. We don't own joint property together, we do not have a joint lease showing a common residence (I live too far away for that to be feasible), the only co-mingling of financial resources we have would be paypal trasactions from him that I've used on bills back home or to assist in travel exepenses to and from Indiana going back several years. So I don't know if this would be suitable documentation for #4.

We've only been married since the early summer and that was only 5 months ago, does this include proof/documentation since before we got married but were together? Does that mean we only have 5 open to us? Any feedback on what others who didn't really fall under 1-4 would greatly be appreciated.

Thanks!

You can show evidence of your relationship from before you married. That's no problem (and is perhaps expected). Also don't worry about following the list in the I-130 instructions exactly. I think most couples don't have all of these evidences, especially those that live in separate countries.

Think on what you might send to show that you're a couple that does what couples do. From this post, you've visited one another a number of times, so you probably have receipts or boarding passes or passport stamps along with photos to help show this. You also have PayPal receipts, which help show that you financially support one another. You probably have photos from your wedding with the two close friends (along with photos from other points in your relationship).

Many couples send evidence of communicating often across time, such as emails, Skype logs, or chats. Others send receipts from gifts that they've sent one another. Other popular evidence is photos covering time and with friends and family. If you do some searching around the forum, you'll find many more ideas that might apply to the two of you.

Good luck!

From the consulate reviews that I've read, they'll likely ask a couple questions and that'll be it, but it never hurts to be prepared! I'm sure we'll also bring a huge folder of paperwork when our time comes.

Adding to the above...

Here is Seoul's page on DCF: link. Each consulate/embassy has some of its own procedures.

Agree that you might want to look into including more evidence of a bona fide marriage. The reality of our relationships is obvious to us, but USCIS doesn't know us from the next pile of papers. You have a joint lease and photos. (By the way, our photos will be in a Word document with date, place, and names written underneath, so nothing fancy or creative.) Joint accounts? Joint property? Joint bills? Beneficiaries for anything (e.g., insurance, retirement, wills)? Trips taken together? There are plenty of ideas around these forums if you get stuck.

Search around VJ for threads with details on how to fill out the I-864 with foreign income.

A couple links on domicile: letter with evidence ideas here, I-864 FAQ item here.

There are things one can't set up until one has an address. What about things that one does when moving to a new city? For example, I would not move somewhere without a place to live. You and your spouse plan to buy a house, but this takes time. Where where will you stay in the meantime, and what arrangements can you show for this? Will you do (have you done) some work before the move to minimize the time between arriving in the city and moving into your own home, and what can you show for this? Et cetera.

Two more links on domicile for you, in case they might help:

USCIS I-864 FAQ: link

scroll down for a letter with ideas of evidence: link

It is never too late to file tax returns. For the K-1 visa, I am 99.9% sure that the only income that is counted is income earned in the United States. In that scenario, it wouldn't matter if you filed your overseas income, as it would not be counted.

For the K-3/CR-1 visa, I honestly am not sure if overseas income may or may not be counted. I am almost positive you could find the answer in the search query. In either case, file a tax return. You won't owe anything. I just filed mine after about 5 years.

To clarify this response, "counting" here is largely referring to the Affidavit of Support paperwork, so the I-864 for your IR-1 petition. Search VJ for how to fill this out with foreign income. It does not count for support, but your husband's new job in the US will.

For the IRS, foreign and domestic income are reported and are counted toward the threshold at which a USC is required to file taxes for a particular year. If the USC qualifies for the Foreign Earned Income Exclusion, the foreign income (to around $90k) is then excluded from -- presumed double -- taxation. (See the IRS website for info on these.)

As for the "off the books" income, I think this a question for a professional.

Congrats on your approval!

A couple webpages to check for information on US customs regulations:

US Customs and Border Patrol: Prohibited and Restricted Items Traveling with Medication

US Department of Agriculture: Import Export

Oh, no worries.

The I-130 itself is unclear on the matter. Interesting to know that domestic filers might receive an RFE for sending only the photo page; I've seen recommendations both ways on VJ.

The Frankfurt instructions specify that they only need the first page of the USC's passport.

Just a quick edit: I assume you mean life *insurance*. Otherwise, looks good to me!

For DCF you aren't able to file the e-notification form. I thought it was a bummer at first, but the consulate has done a good enough job communicating in a timely manner.

• "This service is only available for forms filed at our three Lockbox facilities located in Lewisville, Texas; Chicago, Illinois; and Phoenix, Arizona."

Oh? I have it in our list of forms to send. I wonder where I got the idea that we were able to send it. Boo on that false info. Oh well. Mail in DE takes only one day.

Thanks for the info.