Simpsorama8853

9 minutes ago, B&C2017 said:

This is what I'm hoping all the time 😄

It litterarly took us like a month until we were sure we have every document and filled everything out. Some parts (on the paper based form) were just so confusing. 

Good luck to you and your wife during this long process. Excited to see if the new online filing will help speed things up 🙏

yes it is......

Thanks! same for you guys  

29 minutes ago, B&C2017 said:

The third option is that your wife does not have bank accounts, assets, rental agreements, real estate, voting records, etc. in the US, but she intends in good faith to aquire these things by the time you (the immigrant) enter the US.

Your wife is the sponsor as she petitioned for you (she's the petitioner who will always be the primary sponsor later in the game) and you're the beneficiary. You won't have to deal with the I-864 for at least another year though as this won't be used until the NVC stage. I'm not sure if it's already an online form, but it might be by the time you need it. Thats why I said to make sure to always use the latest forms (paper or check if online process) from the USCIS site. Don't safe something now to have it in advance and then use that. If you do so, always cross check that you copy over your information to the newst version of the form.

 

If your income isn't enough (which for you guys is 0.- as it's swiss and not US income and therefore obviously isn't ) and you don't have sufficient assets, you can always have a joint sponsor (for example her parents) to basically co-sponsor you... They do need to meet the requirements as well though. 

 

Also be careful with the abbreviations 🙂 I think AOS is usually used as "Adjustment of Status" - this just confused me for a sec, hahaha!

 

 

ok i got it. I`m sorry  lol 

i just hope we`re going to fill out everything correct lol...

Yes we habe 0 income but we would use our assets for the sponsoring part...and she has her last 3 years from the taxes...thanks so much!!!

7 minutes ago, B&C2017 said:

Probably, yes. There is also a third option for the domicile requirement (which will for sure apply, but I'd be having some backup as stated above).

The third option is: "You intend in good faith to reestablish your domicile in the United States no later than the date of the intending immigrant’s admission or adjustment of status."

 

You can find the Instructions to the I-864 here: https://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

Just always make sure you get all information and forms etc. from the USCIS website at the time you need them in order to have the newest version and not get RFEs, denials and delays by expired document or guideline versions.

7 minutes ago, B&C2017 said:

Probably, yes. There is also a third option for the domicile requirement (which will for sure apply, but I'd be having some backup as stated above).

The third option is: "You intend in good faith to reestablish your domicile in the United States no later than the date of the intending immigrant’s admission or adjustment of status."

 

You can find the Instructions to the I-864 here: https://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

Just always make sure you get all information and forms etc. from the USCIS website at the time you need them in order to have the newest version and not get RFEs, denials and delays by expired document or guideline versions.

i don`t get the third option I`m so sorry. My wife would be the sponsor right bc we would use assets on the aos ? 

So she would fill out the I-864 Form? is this also available online?

1 hour ago, B&C2017 said:

Oh and just as a heads up (I know you didn't ask for this, but I still wanted to let you know just in case)...

 

Be prepared to bring documentation of strong ties to your homecountry Switzerland with you from now on when you travel to the US.

 

The ESTA is given to you as a tourist with no intentions to immigrate while the pending I-130 clearly shows that you do have immigrant intents (even if not today :-), you see the conflict). This makes you a risk to illegal immigration (even higher than just being married to a US citizen) and CBP might deny your entry to the US - even if you really just want to take a trip to see family.

 

Therefore it's always good to bring lots of documentation with you - better safe than sorry, right?

This might include: 

 

- Your NOA1 from the I-130 showing that you want to go the legal route.

- A signed letter from your landlord (Vermieter) as proof of you having an active rental contract which can't just be quit from one day to the other without notice while in the US. 

- A signed letter from your and your wife's employer stating that you are employed and will still be when you return from your trip (even better over the total of 90 days you'd technically be allowed in the US as tourist).

- If applicable: Ownership of real estate in Switzerland

- If applicable: Proof of kids enrolled in school 

- If applicable: Proof of you and or your wife being  enrolled in courses, university, etc. even after your return to the US

- Invitation cards of your US family to graduations, family parties, etc. if this is the reason you travel to the US. 

- Itinerary of places you want to go see/sight see (maybe even pre-purchased tickets)

- Return ticket, allthough this is the least proof 🙂 

- etc...

 

All of this does not guarantee you being addmitted to the US (I mean even without I-130 and US spouse there is never a guarantee). It's always the CBP Officers decision, but the more you can proof that you do not want to stay at this time, the better.

 

Whatever you do, just don't ever lie or try "illegal workarounds" to immigrate faster. This would haunt you forever. 

 

Thank you so so so much for this information!!! really kind of you!!! I`m not planing to go but you never know thanks!!!!

but my wife would have to go for to open a bank account or something right?

31 minutes ago, B&C2017 said:

I would assume so, but this might be something one of the more experienced members like @Cyberfx1024 or @Paul & Mary could confirm.

 

Yep, that's what everyone is hoping in here 😊 but unless your petition gets sent to Potomac (the fastest) or Texas (longer than Potomac, but still 4 months shorter than Nebraska).

But lets wait and see what center you get assigned - maybe you're lucky, although the pattterns speak differently (but with the new online process this might have changed since this year, idk). If you get Nebraska, there are specific Forums you might want to join - helps to get updates and keep your head up. At least your wife is with you. A lot of people on here are separated during this time 😥

 

Yikes, thats sucks! March, June and September? Not cool! We live in Bern and our contract can be quit per each month end other than December with a 3 months notice. I mean worst case you can always quit and leave early (but stil pay) or find a "Nachmieter" to take over your appartment early.  

 

I don't think it matters what currency the assets are in. But I think also this question would require a more experienced answer by maybe@Cyberfx1024 or @Paul & Mary . Maybe specifiy what assets you'd like to use for them to be able to help you. Savings on savings account (on which name, both of y'alls), real estate, pension funds (Pensionskasse)...

 

 

 

Thanks a lot for you information...we really had problems to fill out the i 130 lol....so many and weird questions...i think we`re going to have a lot of issues to fill out the next documents lol....

yeah it sucks that we can`t quit the appartement anytime...

hope somebody can tell me exactly if a bank account would be enough or a rental contract...

32 minutes ago, B&C2017 said:

Nope, Nebraska is the Service Center with the longest processing times for the I-130. Currently it's between 12.5 - 16 months - although the average is 12.3 months approximately - the upper limit is added by USCIS and reflects a 130% of what it usually takes. ⏳ 

After that there is the NVC stage which is as fast as you let them be 🙂 If you submitt your stuff fast and pay the fees, it might take 1-2 months. If you delay submission accidentally or intentionally it takes even longer.

After that comes the embassy stage. This is rather quick in CH - probably a month from the time they recieve your case until the interview. Once you have your Visa in your passport and checked it for errors and everything is correct (no names printed wrong, wrong birthdate, etc.) You can start to quit your job and appartment for which I assume you'll also have a 3 months notice as most people in CH do.

So basically the timeline you're looking at before your move is at least 18 months from the day you receive your NOA1 (acceptance letter from USCIS). 

 

About the intention of reestablishing US domicile... Here's an extract from Website https://citizenpath.com/ which pretty much sums it up:

 

If you are a U.S. citizen domiciled abroad, you can submit Form I-864, Affidavit of Support, if you intend to reestablish U.S. domicile. In essence, you must prove that you will return to the United States and make it your permanent home.

Your proof should include concrete evidence that you will establish a domicile in the United States on or before the date of the intending immigrant’s admission or adjustment of status.

In fact, U.S. immigration officials have shared several factors that may show an intention to reestablish U.S. domicile before or concurrently with the applicant including, but is not limited to, the following:

- Opening a bank account
- Transferring funds to the United States
- Making investments in the United States
- Accepting a job offer or seeking employment in the United States
- Registering children in U.S. schools
- Applying for a Social Security number
- Voting in local, state or federal elections
- Signing a lease or purchasing a primary residence
- Establishing utility bills, telephone bills, etc. in the sponsor’s name

This list of examples is not exclusive. That is, a sponsor may have other relevant evidence of plans to reestablish U.S. domicile. One piece of compelling evidence may be sufficient, but multiple examples of your intent to reestablish domicile in the U.S. is always preferable.

 

In addition, evidence that you are severing similar ties abroad may bolster your claim that you are moving back to the U.S.

- Resigning from your foreign job
- Closing accounts with foreign institutions
- Selling assets such as a home or other property

 

Please note that it is highly reccomended by the US embassy and DOS, that you do not quit your job and appartment or book flights until you have your visa in your passport and everything is correct (as stated above).

hmmmm ok..thanks so much for this info...don`t know how to proof this...don`t think its enough to just open a us bank account...we would live in a apartments of my friends,,,same adress but not same house...could they make a rental contract and this would be a proof too?

the times are really long....hope it goes faster....we only can quit our apartment in March June and September in Switzerland..also with a 3 month notice lol

our assets are in swiss francs...but more then 65k...is that an issue?

15 minutes ago, B&C2017 said:

You need to be able to show that your wife has domicile in the US. This can either be reached by her moving prior to the interview / NVC stage and get a job, or you can show the intent of doing so - and proving her stay in CH was never ment to be forever - by her still having strong ties to the US like a bank account, always filled US taxes, voted, has asstes in the US, etc.

Thanks so much! is Nebraska not good? lol

we would move to San Diego Area....

hmm how do you mean exactly " the intent of doing so" ? she doesn`t have any bank accounts or assets there anymore......all her family and friends live in the US...

she di fille taxes every year since she lives in Switzerland...

1 minute ago, Paul & Mary said:

When you case gets to the NVC she will file the I-864.   She will be the sponsor.   She can be approved on assets.  It Is 3x the amount in I-864p.   65k is enough.

 

She will also need to show domicile in the US or that she will re-establish it by the time you enter the US.

 

For now it is sit back and relax.

thanks! so the account we have the money on it is a joint account, is that a problem?

we both live in switzerland and we already have an apartment once we move there. or how do you mean show domicile in the us or re-establish i?

sorry, we both dont have much idea about the regulations. 

1 minute ago, Paul & Mary said:

No signatures are needed for online filing.

 

The service center will be on the NOA1 once USCIS accepts the petition for filing

thank you so much!!!

another question : if we have enough savings, we don`t need a sponsor in the us right? how much is the limit ? around 65` ? 

does my wife leave all the gaps empty on the documents where she would have to put the sponsor into it? and we write just assets with a bank statement?

thanks

Hello 

1. My wife ( US ) and I live in Switzerland, she filed the I-130 for me last night online. is it right that she didnt had to print it and sign just enter her name and accept everything? I`m not sure now because i saw some posts here....

2. How do I know in which Service Center my Case is? 

3. on the I-130a where she had to fill out about me was no signature req. is that ok?

Thanks so much!!!