darin&josh

I guess it would theoretically be possible to use superannuation funds as an asset. However, I think it would be very difficult to convince a CO at the Sydney Consulate that the funds are sufficiently liquid enough. For it to work you would have to establish and satisfy the CO that: 1) the funds can be accessed ( for instance, you are above the preservation age, or you have a component that is non-preserved), 2) the USD value after all fees, penalties and taxes were taken out if you withdrew all or part of the funds, 3) it can be accessed within 12 months, and 4) it can be accessed and transferred to the US from within the US.
Others may have more to add/clarify based on their direct experience, but it's my understanding you can use the equity (the difference between the mortgage and the value of the property established by a formal evaluation) in the residence as an asset for the purposes of the I-864 (also, I assume you are referring to your Australian home?*). Ideally, if there was no continuing income from either couple, then US-based savings and assets in the USC's name would be best, particularly as you would only need to demonstrate 3x the poverty line. Short of that, the beneficiaries and/or foreign assets can be used. Note, you will likely need to show these total 5x the poverty line.
Keep in mind that you are looking to convince the CO that you have sufficient resources to support the beneficiary, and it will come down to their judgement based on the evidence that you provide.
I'd recommend, if you haven't already, reading through the I-864 instructions in regards to assets: http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf
Also, see the FAQ in relation to the immigrant visa applicant using their assets for the purposes of the I-864: http://travel.state.gov/content/visas/english/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html
"Can the immigrant visa applicant count assets that he or she owns that are outside the United States, such as real estate or personal property? Yes, under the following conditions:
The assets must be convertible to cash within 12 months The applicant must show that the assets can be removed from the country where they are located. Many countries have limits on cash or liquid assets that can removed from the country The net value of assets is at least five times the difference between the sponsor's income and 125 percent of the poverty guideline for the household size." *Note that some US embassy's advise that equity in the primary residence cannot be used as assets for the purposes of the I-864, for the reason stated by NigeriaorBust. However, there are posts where people have reported that embassy's/consulates have accepted them. Also, the I-864 instructions state that the the net value of the home can be used. In your case, it would come down to the protocols of the Sydney Consulate and CO.

When Humana advised you could not purchase insurance, was it simply because it is outside of the open enrollment period or did they give another reason?
Also, when did you apply for AOS, and have you received your EAD yet? (if it was recent this may be helpful).
Unless you experience a life changing event I think you will have limited options, unfortunately. I think at this stage you have four options:
1. It is an unlikely option, but you can contact the federal exchange and explain your situation and see if they can identify any way you might qualify for special consideration to sign up for a market insurance plan outside of open enrollment. Its possible you could qualify for a complex situation special consideration because of "misinformation or misrepresention" that prevented you from being enrolled in a plan by the close of the open enrollment period. https://www.healthcare.gov/sep-list/. Alternatively, you can see if only having recently applied for AOS and having received EAD allows you to sign up now.
2. If you are not able to get special consideration and you have pre-existing health concerns, then the insurance available through your husbands employer may be your best option for full coverage at the moment.
3. If that is not affordable, you don't have a pre-existing condition, but you want to have insurance in case of an emergency then you will still be able to purchase a short term plan. These are not the same as regular insurance plans but will provide coverage for emergency situations. This is the summary provided on ehealthinsurance.com:
"A short-term health plan is a temporary plan that offers coverage for 30 days up to 12 months and can provide you some protection until you have a qualifying life event or the next Open Enrollment Period begins. Short-term policies are not guaranteed-issue, do not cover pre-existing conditions, and are not considered minimum essential coverage under the Affordable Care Act; so even if you enroll in and maintain short-term coverage, you may still be subject to the tax penalty."
4. The last option is simply to take your chances and wait until November to sign up for insurance coverage for 2015.

It seems that it is not unusual for recent immigrants to have difficulty signing up, particularly where they have applied for AOS but have not yet received their green card. On initial application the system says they are not eligible and it has to be appealed. From what I've seen though it is usually approved during the first appeal step and it usually occurs quickly.

There is no reason you could not get insurance on your own, and you may still be able to sign up for insurance through the federal government marketplace.
An alternative is to contact your husbands insurance provider (the one provided by his father) and see whether it is possible to be added (I have no idea if that is possible and would depend on the policy).
The only problem I can see is that it's outside of the open enrollment period, and to sign up now requires meeting one of the life changing qualifying events. But looking at your timeline its been more than 60 days since you moved to your state and more than 60 days since you got married. However, there may be other exceptions that would make you eligible (the federal marketplace allows 60 days but private insurance usually only allows 30 days to sign up from the date of the qualifying event).
You can probably start at this site (https://www.healthcare.gov/) for information about the federal marketplace criteria, or look at private insurance providers that offer insurance outside of the open enrollment period.

If you mean health insurance through the marketplaces, then they need to demonstrate they are lawfully present. If they don't yet have their green card, other documents can be provided such as EAD (and assuming of course that they meet the other eligibility criteria).
This site should provide you with basic information on immigrant eligibility for the marketplace insurance plans and tax credits, including what can be provided to demonstrate lawful presence: https://www.healthcare.gov/what-do-immigrant-families-need-to-know/

If you are applying for marketplace insurance (and they are willing to accept your application at this point) then you are eligible for health insurance if you are in the process of adjusting your status to lawful permanent resident. However, a lot of people in your situation are being denied initially because staff are poorly informed and the system they use gives them limited options. You have to apply and then when it's not accepted you have to request that the decision be appealed. Most people will find that once they appeal and submit evidence of their lawful presence status then their eligibility is accepted and the application for health insurance is approved.
Someone else was recently in this situation and was able to get insurance: http://www.visajourney.com/forums/topic/486326-eligible-for-obamacare-at-reduced-cost-or-not/
The evidence you need to supply can be found in this site (depending on what you have available): https://www.healthcare.gov/help/citizenship-and-immigration-status-questions/

I believe ESTA form only checks if a name is on blacklisted and it doesn't check your background. Chances are USCIS will find out your arrest record. I don't know much about caution but an arrest needs to be listed on USCIS. I would recommend you to consult an experienced lawyer, your case is not safe for DIY. Good luck.

If you want to divorce him then simply divorce him and withdraw the I-864. End of story.
You aren't immigration and can not deport him neither can you call immigration to have him 'picked up' and returned like a fed ex package.

I don't think it is strange at all to 're-do' the ceremony, especially since your mother is not well and you would like to be able to share that occasion with her. In fact, I think a lot of couples with a partner arriving on a K-1 would do something similar by having a legal marriage first to satisfy the visa requirements and holding a more formal ceremony and reception at a later date.

Wow, what is your problem? I was trying to help you. USCIS have a 5 months waiting time and you can't ask them for a service request before then. 5.5 months now at TSC. So yes, 6 months or more is a delay and you can't talk to anyone at USCIS before then. I also said I know you are at CSC, but you still can't say that 1.5 months is a delay, but perhaps you wanted people to give you sympathy? OK here is the response you probably wanted: oh dear, your situation sucks, something MUST be wrong, you should call USCIS right now and find out what the hell is going on over there cos waiting 1.5 months is just not normal...
Again, I am sorry I wasted my time on you. You have a terrible attitude.

Hello everyone! So we made another trip to Mexico this past weekend. We returned yesterday and crossed through the international bridge that we used when my wife crossed with the K1 visa, not the same one where we had that horrid experience. What a difference! We drove up to the first CBP officer and I told him my wife needed to be paroled into the US. He took my US passport and her EAD/AP card and told us she needed to go inside. We were instructed to go to 2nd inspection. The officer politely told us she just needed to get a permit to re enter. He told her to leave her stuff in the car and go inside with him. Even told her she needed $6 to pay for the permit. The officer left her inside and came back out and politely told me it would just be a while, that everything was ok. I waited outside for about 30 minutes. She came back out with a different officer which told her the next time she crossed all she needed was the EAD/AP card and permit they had just assigned to her and told her to leave her Mexican passport at home and to no longer carry it. She told me everyone treated her with respect and everyone knew exactly what was going on. They gave her an I-94 with the EAD/AP expiration date stamped on it. They did not ask for any hospital documentation for her grandmother. She said they fingerprinted her, took her picture and weighed her. She says they made sure she understood what she needed to do next time we traveled back to Mexico. She was very happy, and even laughing with the officer that escorted her back. She's happy now, so if she's happy, I'm happy!

My now fiance and I have been together around 5.5 years. All of that time has been apart - We've had one month long visit and we just submitted our paperwork July 2.
I know how you feel; you are anxious, impatient, angry and bitter towards USCIS for taking so long, the world in general for making this process so difficult, etc.. You aren't wrong to feel those things at all, I think you need to feel them to get them out. I struggle more with this process and the waiting than my fiance does. In our relationship he is the optimistic one while I am the cautious one. In my eyes I see the possibilities of things going wrong and how LONG this might take.
He suggested I start trying some things: Start planning other things. Be excited about your move in together, plan what kind of place you two want to get and what kind of rooms you want and how to decorate it. My fiance and I are planning on having children, so I went out and bought a few 'before pregnancy' books (What to Expect series is good..) and began talking with him about what we'd have to do to be ready. Since you two are not married, why not discuss marriage plans? My fiance and I talk about this on the weekends when we can see each other. I put together a small, intimate wedding just us with a small budget (under $2000.00). That small budget gets me REALLY involved looking for sales on dresses, deals for B&B's, etc.. It's tough but keeps my mind off the waiting.
Don't get me wrong, there are days where I am just DOWN. I check the USCIS case status a dozen times a day (but so does he). I check processing timelines constantly and I watch Igor's List. It's so hard to live without a timeline. You want to start the US part right now! If you had a NOA2, it's much easier to plan and be OK with the length for the interview. The longest part of this process is the time waiting between NOA1 and NOA2. The interview and medical are nothing in comparison. Once he has visa in hand, you can book that plane ticket ASAP.
Please try to think it over and think it through. The route he has suggested will probably take you much much longer to achieve than the K-1. If you filed in March, August is your cutoff of 5 months. When the 6th month begins, put in a request from your Senator or Congressman. The dates on the USCIS website are not always correct. It isn't a hard set date, look through the K1 timelines here and you can see there are some folks who get it earlier without expediting. You've already put time into this, don't give up on it now. Talk about your future together. Discuss bills, bank accounts, family, home.. jobs. Do it in a way that is US not ME or HIM. Using US helps, ME and HIM reminds you constantly you are separated.
Ignoring any of the above, take care of yourself. Find a hobby or even start a blog or website detailing your experience if you want. Make it private and give the password to family members and friends so they can follow along. You will be stronger for this if you both work at waiting just a little longer. It will be worth it. My fiance and I did not see each other for five years. Our month long trip in May decided everything about our future for us - it was worth waiting even for that.
Don't focus on what is going wrong - the waiting, the time frame, the distance - Focus on the fact that you can make this work. You said your work schedules are tough to work around. Do you mind telling me the difference between them? My fiance and I have worked around both of us having different jobs with numerous scheduling conflicts. There are ways - maybe not what you'd prefer - but remember that there will be times in married life, living together, where you will feel just as disconnected. Work around the conflicts and you'll be happier for it - even if it's not your ideal outcome right now.
Good luck

The first step will be applying for a marriage license from within the state you will be getting married in. These are usually issued from your local county administration office (search for registrar or recorders office in your county). There is often a waiting period from when you apply for your license to when you can actually get married (usually a few days). You will require photo ID (passport is the best option), and in some states a witness.
The second step is finding out what the arrangements are for the specific court house you wish to get married at. Some will allow you to book a time, others will have set days or times where you show up and you get the first available judge. In some cases there is a risk that you can show up and no one will have time available on that day. Some judges will make themselves available to do out of hours marriages (for a fee).
If you are going to be in LA County, this page should be a good starting point: http://www.lavote.net/clerk/marriages.cfm

There is a lot of information to take in at each step in the process, and it is very overwhelming with all the unique terminology and abbreviations. Our approach was just to focus on the stage at hand and read the guides and the forums. and once that was done, to look ahead to the next step and start preparing for that. It is a lot less daunting that way, and more manageable. The wait for the NOA2 is the hardest part. Once that is done, the next steps move a lot faster and you have a little bit more control over the process.

The silver lining at least is that you will have permanent residency status upon arrival, and since you've been married for longer than 2 years you won't have to have a 2 year provisional green card.

If the your petition reached the Consulate on Friday, then you should expect to receive the packet 3 email very soon. In our case, the Consulate received the petition on 10 March, and sent the packet 3 email on 11 March, with an interview set for 8 April.

The embassy website had not been particularly clear on this point. So some people have got the name check with finger prints and some people just the name check. This updated page provides advice on a state by state basis: http://canberra.usembassy.gov/obtain_police_cert.html
While some are still not as clear as they could be, it indicates that they only require the name check (and not the finger print check).

You seem to be in San Diego. Go to this site: http://www.sandiego.gov/sandiegofamilyjusticecenter/ for domestic violence hotline. Number is: (888) DV-LINKS (385-4657)
Here is another 24 hour San Diego domestic violence hotline number: 619-234-3164 from this site http://www.ywcasandiego.org/inquire/24-hour-domestic-violence-hotline.html

The difference in cost of living definitely becomes much more noticeable after you spend time in the US. The rent my partner pays in Iowa is a quarter of something similar where I am, and eating out and groceries are also a lot cheaper in the US. But the average incomes for Australians (particularly lower and middle level wages) are higher so that should be taken into account when comparing the two.
And while some costs are the same no matter where you are in Australia (600ml coke is always going to be ridiculously expensive), other costs can vary just like within the US. Rent, transport, fuel/gas, even utilities, can vary depending on the area you choose to live.
If you are moving back to spend time with your father and family, then I would probably start looking at the cost of renting/buying in that area, what the employment situation would be like for your US partner, including likely earnings, and then working out if it is manageable to remain a one-income family.
The rest of it just comes down to household budgeting, and it's possible to avoid using credit cards etc, but it takes discipline. I take leftovers to work for lunch, and bring a can of soda from home which works out to 55 cents (if you buy a 24 pack from the supermarket) rather than 2.50 or more at the cafe. When I can't bring myself to buy things such as clothes and electronics at Australian prices, I order items online or buy them in the US when I visit my partner.
As Juan Bravo pointed out, I would also look into making sure all that work to get your residency is not wasted. Do research into what is needed to maintain your LPR.

Let's face it, the system is not fair and never will be. Two years ago when I applied, CSC was approving at 2-3 months, while VSC (where I was stuck at) was approving at 6-8 months. You may also be stuck again at some slow service center or local office for your AOS, ROC, and citizenship. If there is one thing that US immigration has taught me, it is LOTS and LOTS of patience. Try not to be too frustrated - you can't change their approval rates, but you can change your outlook on this whole process and make the best of it. When this is over, you will be with your loved ones forever.
Good luck to everyone waiting.

From this point forward, I think you have two options available:
1) Continue an appeal through the Ombudsmen and wait for that process to be completed. While you could be successful and not have to pay the filing fee twice, there is no certainty as to how long that will take or the outcome, and in that time you will not have an ability to work or do all the things necessary to start your new life.
2) Refile now and pay the fee again, but also pursue your appeal at the same time to see if you can have your original payment refunded. While you will be out of pocket for an additional filing fee, the opportunity to work and gain an income will most likely be greater (assuming employment is one of the things you would like to pursue).
Certainly there is no harm to you in seeking to have your original fee refunded, and it would be worth considering some of the suggestions offered, such as getting assistance from your Congressman's office. It would also be great to keep the thread updated on your progress and the outcome either way.

Take a lot of pictures while you are in the states, on the back write the date, where taken, and who is in the picture with you and your gf. Also save your boarding passes and any tickets to events you go to in the states. If you eventually decide to do the K1 the more information that you gather now the better.

Thank all of you who added a note of humaness to their messages now this is the last word on the subject....I am 77 years old so what the heck you have all had your say so now goodnight and God bless, the subject has been done to death.

I agree, I would contact your GP to get your immunisations up to date rather than have them done at the medical. This will not only save money by not having to pay full price but also having it done properly now will help to avoid getting your immunisations signed off again by a civil surgeon when you apply for AOS (http://www.visajourney.com/forums/topic/335754-ds-3025-complete-or-not/?p=4971318#entry4971318).
I found this table useful to check which vaccinations I needed to have and I gave it to my GP: http://www.cdc.gov/immigrantrefugeehealth/exams/ti/panel/vaccination-panel-technical-instructions.html#tbl1

I don't pretend to be an expert either, and it's quite possible the coverage anomaly for low income immigrants is why the OP is having difficulty (particularly as you have firsthand experience with the marketplace system and signing up).
But for what it's worth, my understanding is where lawful immigrants are earning 100% or less of the poverty line and are not eligible for Medicaid (because they have not completed the five year waiting period), they should be eligible for marketplace plans and the premium subsidies (and the reduced out of pocket provisions): https://www.healthcare.gov/what-do-immigrant-families-need-to-know/
based only on my limited understanding of the issue, the coverage gap affects individuals (citizens and lawful immigrants with 5 or more years residency) in states that have not raised the income threshold for Medicaid eligibility to 138% of the poverty line (which was the original intent of the Affordable Care Act). The gap occurs when someone is earning below 100% of the poverty line but is still above the upper limit for Medicaid (which is around 48% in those states). The result is they are not only ineligible for Medicaid but they don't earn enough to qualify for a marketplace plan or the premium subsidies.
I'm sure the OP will be very interested to hear that your husband was able to access the marketplace plans with his EAD.
But I'd also welcome others to comment and hopefully provide greater clarity on the issue in order to assist the OP.