kev&ange

So I just got the text/email - a 14 day wait for us from when it was received. Has the original poster received their NOA1 yet?

Hey Everyone

Filing an AOS from VWP, it arrived at Chicago on Monday 24 April and just got the text/email for NOA1 last night - so we waited two weeks. Looking forward to receiving the hard copy and an appointment! Should be an interesting experience for us as we already have an approved I-130 petition

Good luck to all.

Hi Everyone

I just mailed in my AOS package to Chicago which arrived there on Monday morning (tracked with UPS). I have been waiting for a text/email ever since! Hoping it doesn't take longer than a week for them to cash my check and send me an NOA1. I will post back when it happens so we can all get an idea of how long it's taking. I feel awful for the original poster - a month to wait is way too long!

Hey there

I would suggest having a read of the I-864 instructions, which has heaps of information about the Affidavit of Support requirements. When my husband and I started the process back in May, we decided the best way to meet our financial obligations was to ask his sister (who happens to live in Las Vegas also, perhaps near your house!) to co-sponsor, and got all that sorted, and we were just going to wait out the whole process in Australia. But then after a good job offer in Las Vegas my husband left Australia to set up over there in October so his job over there well and truly covers us and we don't have to worry about assets and stuff. I'm still waiting here in Australia with our two-year-old and it's brutal being apart! So if you want to stay together and you can meet all of the criteria in your I-864 you should be fine. I am no expert with timelines but I think the average wait is about a year at the moment from start to finish for Aussies. I'm at 7.5 months and counting.

All of these suggestions are awesome for the re-establishment of domicile. Once you sort out a US address/sign a lease - get all your stuff sent there - bank statements, bills, kids school enrollment packages, etc - get someone you know over there to collect your mail, keep originals and scan copies over to you. I hear voting records are great evidence too. Sign up for sporting clubs/hobbies or other community activities that demonstrate good local citizenship. Order yourself some furniture and get it delivered to the address you're saying you are going to live. Get quotes for cars/inquire about car loans or leases. Get quotes for shipping your stuff over - we've found Grace Removals to be great. If you have a cat or dog, inquire with JetPets.

You can also tackle domicile from another angle - they can say to you that it's all well and good to look like you're putting roots down over there, but what have you finished up in Australia? So do stuff like:

Pay off debts and credit cards and keep finalisation letters - close off as much as you can.

Keep evidence of sold cars/houses/termination of leases

Get your employers to write you letters saying they accept your resignation and wish you the best in the US.

Good luck!

Thanks guys, yes I understand what you are saying in terms of fraud. I'm going in on a VWP, I intend to be a genuine visitor for 89 days, - don't intend on doing anything else that would see me turned around at the POE. I have a job and responsibilities in Australia, a return ticket, and can't recall ever committing fraud in my life. However, there is a very small chance that after seeing my husband and after being there for a little while we might explore the AOS option. My questions are more around what I would need to file an AOS, not about what risk is involved at POE (I am well aware of this and ready to have the conversation at the border, while holding my two year old who hasn't seen her father in 2.5 months). Looking for any advice from anyone else who may have done the same thing.

Oh how confusing! I have no idea what the answer is but I'm really interested to find out so I don't end up in your shoes. Maybe schedule an InfoPass?

Good luck!

Hello

Here are my thoughts, I hope this helps!

1) Did you benefit from using an immigration service/lawyer or is it feasible to do it yourself? Any advantages of using someone?

I think it's feasible to do it yourself, especially with resources like Visa Journey - so much helpful information on here.

2) Did you opt for the K-3 or IR-1 route? Which one is generally faster? I have read different waiting times on different sites and find the graphs on this site confusing, so not sure if the K-3 is actually faster anymore? The thing that worries me about the K-3 visa is that it can take another 90 days to get authorisation to work once in the US and I think my husband might get depressed sitting around for 90 days once we're there. However, if it's significantly faster I would consider it. Which one did you choose?

My husband (the USC) and I chose the IR-1 route - we are over 7 months into the process and still no approval for our I-130 petition, but I think all streams are slow!! Go the I-130 regardless of the wait time people are experiencing.

3) Affidavit of support - I have not lived or worked in the US for 4 years. We have assets and an income stream in Oz, however, I do not currently reside or work in the US. Is it possible for me to do an affadavit of support for my husband? Or should I ask my parents to do be a joint sponsor (they live there)? I am sure they would happy to, however, don't want to unecessarily involve other people.

We have/had this conundrum too. If you are going to wait out the process with your husband in Australia, you'll definitely need a joint sponsor. We first prepared to have my sister-in-law be a joint sponsor for the financial support component, but then when we started to look into the domicile requirements (where you have to prove your maintenance of a primary residence in the US) is where it gets really tricky (especially for us as my husband had been in Australia permanently for 9 years and had no ties in the US). In the end, we decided my husband would be best returning to the US, getting a job, and establishing domicile first - no need for a joint sponsor then. He's been back over there since October and has all of the evidence now. So get your parents on board and think about your intent to domicile evidence.

4) Processing centres - this site quotes wait times based on different service centres. How do you know which one your application would go to? Or is it random?

I think they're all going to the National Benefits Center still and being farmed out from there.

Thanks in advance to anyone who can share their experience with me! Cheers!

Hey Everyone

We have a May 21 priority date, and just got our first transfer email. Hoping for a New Year approval! Seasons Greetings!

We're May 2013 filers and still waiting - I agree - around a year seems to be right.

Hi All

My husband (USC) and I filed for I-130 in May 2013. Still waiting (he is in the US, I am in Australia with our daughter). I am going over to the US on the VWP in February for 90 days to visit my husband, and since it has been so long since we filed the I-130, we are exploring the option of filing I-485 once I'm there so I don't have to return home to Australia to keep waiting for the I-130 to be approved.

If we decided to do this, what do I need to bring with me from Australia that I will need during the process? Should I have a medical done here before I go? What about police checks?

Any and all information is welcome, or if you know of a good thread/resource to check out, please let me know.

Thanks, and Seasons Greetings!

1. Country USC resides in: Australia

2. Is there a USCIS field office in this country / Is DCF still possible? No

3. When did you file the I-130: April - 5- 2013 - NOA1 April - 11- 2013

4. How long had you been living abroad: 4 years

5. Do you reside in the country legally? Yes

6. What is the reason for your residence: work permit/student/tourist/ work and living with husband

7. Did you list your foreign address on all forms in I-130 package? Yes

8. Did you send I-130 package from abroad? Yes

9. Did you include evidence of your residence abroad in the I-130 package? Yes

10. Did you mention the fact you reside abroad in the cover letter or write a letter describing your current situation and the evolution of your relationship with your spouse (mentioning your residence abroad)? Yes

11. Has your case been "auto-expedited"? How long between NOA1 and NOA2? I don't think they auto-expedite for this reason anymore... it's been over 6 months and still waiting for NOA2

12. Service center you were routed to? National Benefits Center

I agree. I don't think they're expediting anymore (if they were in the first place?). We're almost exactly the same, living in Australia and filed in May.....still waiting.

Wow. That is so depressing.

I'm the beneficiary but will tell my husband in the US to get on board!

I am assuming it is Overland Park office.

Any other May files having some good news.

I wish I could say we had some good news but unfortunately not - still waiting here in Australia - I don't think any of the abroad filers get any 'advantage' anymore - I wish they'd hurry up and start processing at the new office!

Same thing happened to me, must've been some sort of glitch today?

We filed on the 21st from Australia.. 73 days and counting! We are deciding if we will still be able to get there before the end of the year! Hurry up NBC! Good luck everyone!

Pinkinsight, just out of interest, how long did you wait between NOA1 and NOA2? We got our NOA1 in May and waiting for our NOA2 at the moment....

We are waiting too! Anxiously! Still in the initial review! They received ours on the 21st May 2013!

Thanks guys, great advice once again. Appreciate it.

Here's another question- do we even need to worry about the whole tax thing if we have a co-sponsor (which we do in my sister-in-law)? She's already prepped all her stuff for our application. We'll still do it all anyway but perhaps it won't hold us up at NVC if our stuff with the IRS isn't finalised in time?

Hi everyone, sorry for my late reply. Yes, my husband has been earning a salary in Australia and paying his taxes just like any other Aussie (he's an Aussie citizen also)....just didn't realise he had to be telling the IRS about that. Looks like he'll be under the threshold so won't owe US back taxes, but we're petrified how long filing is going to take! We're going to use H&R Block to prepare them and lodge through the streamlining process with the IRS and hope for no investigation- there's nothing to find! Has anyone had success with filing the I-864 with just evidence that you've filed (rather than the return documents)?

Thank you so, so much austex and AshleyLCBaker - your replies are so helpful, I really appreciate it. I have a lot more confidence that we're on the right track!

Cheers!

Hi Everyone,

My husband (a US Citizen) and I have been living in Cairns since 2004 and we're now relocating to the US. We've filed an I-130 which is currently with the National Benefits Center for processing. Once the petition is approved, what happens then? I have confused myself reading all sorts of things on this VJ site and now I've got no idea. As an Aussie filing from Australia, with a husband who is also residing in Australia, do we do all of the I-864 stuff with the NVC (and therefore wate time in posting things back and forth) or is that all done through the US Consulate in Sydney? Basically, what happens for an Aussie after the I-130 petition is approved?

Does anyone have any tips for completing the I-864 when my husband hasn't earned a salary/filed a tax return in the US since 2004? We've figured that he needs to do that so sorting it out with H&R Block, but don't know how we're going to prove the financial sponsor component when he's here with me. He can go over an start his new job/set up house in November but do you think it's better he come to the interview with me, or go set up stuff over there that I can use at interview (like leases/buying cars etc)? We can totally get a co-sponsor in my sister-in-law if we need to.

What's a Packet 3?

Apologies for my ignorance. Really appreciate any advice you may have for me!

Ange

Hello May 2013 Filers!

I am a bit behind in joining the thread - filed our I-130 in early May, and received our NOA with a priority date of May 21 2013. Today is 21 June (for me in Australia) so it's been a month! My husband (who is the US Citizen) and I have lived in Australia since 2004 and we're relocating back to the US to be closer to his family. We have one daughter who is 18 months old and have been married since 2010. Obviously hoping to receive the NOA2 as soon as possible but also very nervous about the next stage! We feel we are going to have some difficulty with the I-864 since my huisband has lived in Australia so long and hasn't earned a salary/filed taxes in the US for almost 9 years! So we'll be doing lots of research about the Affidavit of Support and looking for any tips from anyone else who is in the same situation as us (both petitioner and beneficiary living abroad)! Also, any info on how we can check how the NBC timeframes are going (if ours is to stay at the NBC for processing)?

Thanks everyone!

Ange