Jules27

Thanks so much for all the info - as I'm just starting to read thru everything and get a grasp of all the paperwork to get 'ahead' of the game for when the time comes. As we will be getting married earlier next year! I'm sure once I start filling out the actual paperwork I will have more detailed questions that hopefully I can find the answers or examples here for!

I am registered to receive my absentee ballot now! My parents were just sending me the early voting ballet that I had always been signed up for to me when they received it, but now I'll receive them to my e-mail. Luckily, yesterday 11pm was the cut-off to update for voting ballots and I made it after you responded!

I'll be heading to Arizona so not too far from Oregon! Small world  

Cheers for your help so far... seriously have made me feel less stressed and overwhelmed about it all! x

1 hour ago, Keeley said:

Your situation sounds pretty similar to mine and I am nearly at the end of this process (finally!) I am a US Citizen and have lived in Australia for the last 4ish years with my partner who is a dual Aus/UK citizen. We got married last November and filed immediately after.

 

To your questions, based on my experience:

 

1. Absolutely. We posted our I-130 package to the Chicago lockbox from Sydney. For peace of mind, we paid up for tracked shipment so we got delivery confirmation. The one thing that was annoying was the only payment they would accept (at least at the time) was a check from a US bank account. I didn't have any checks with me linked to my US checking account, so I had to transfer money to my parents who then brought a check with them when they came to the wedding so that we could pay the filing fee. A little convoluted, but we got there! If they still aren't accepting electronic payment, I'm sure there are other ways you can deal with this step.

 

2. Like @redvines said, assuming you can prove US domicile, you don't even have to move back to the US until your partner has a visa and you can go together. If you can't prove US domicile otherwise, you would need to go back to the US first. I'll get to more on this in response to your next question, though, as it seems like this question is more about the Affidavit of Support than domicile. We used my sister and her husband as joint sponsors because we don't have US income and our assets here are not quite there to meet the minimum requirement. The AUD/USD exchange rate is not helping at the moment! Is there anyone who would be willing to be a joint sponsor with your spouse? If so, that's an option! If not, then establishing that you have sufficient ongoing US income will be important in demonstrating you, as the sole sponsor, are above the minimum poverty threshold.

 

3. Yes, having a US bank account is beneficial. Based on your situation, it sounds like you have two options for proving domicile: 1) Proving you were only living in Australia temporarily or 2) Showing intent, in good faith, to reestablish domicile. Have a read of the I-864 instructions for Item Number 5: https://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

For me, I went with option 1, because I never established permanent residency in Aus and have been here on a temporary skilled work visa. To provide evidence of this, I did the following:

• Wrote a letter explaining the situation and listing out the documentary evidence I would provide, which included:
• A copy of my work visa showing an expiration date, demonstrating temporary Australian residence
• A copy of my voter profile obtained from my local elections office showing I have continued to vote in local, state and federal elections
• A copy of my bank statement and a letter from my bank stating I have maintained a bank account in good standing
• A copy of my current valid US drivers license
• A copy of my retirement statement fund showing my permanent US address
• A copy of my current CPA license demonstrating I have maintained professional US licensure while away
• A letter from my sister noting we have arranged to stay with her upon our return to the U.S. until we can find our own place

The details of any similar letter you might write will be different, but that's just to give you some examples!

 

4. With the exception of a 1 hr consultation with an immigration attorney before we began the process we have not used any legal service/lawyer for any part of the process. I'm sure that whether you find a lawyer worth it or not is highly dependent on the specific lawyer used, but I have never wished we used one. None of the forms are very complicated (just long!) and while the process requires some time investment and organization, it's definitely doable on your own. Any question I've had I've been able to get answered on this forum, so use is as a resource. In retrospect, the initial advice we received from the attorney we consulted with turned out to be very wrong (the lady told us she had seen I-130 approvals be turned around in 1 month recently, while ours took 7) but again, that is probably luck of the draw in consulting with the wrong attorney.

 

Good luck with your process!

Wow, thank you so much for all this information! 

1 - I have a US bank account so I think I will pick up a checkbook when I go to visit for Thanksgiving this year to be able to make payment via my US bank account. I think we will do the same and get tracking just to be certain nothing goes missing - will be worth the investment. Do you receive correspondence via your AU address or do you rely on family members to scan and mail correspondence? 

2 - Yes, I believe I may potentially be able to use a family member - does this mean I co-sponsor with them or they are the sole sponsor for Affidavit of Support? Once I secure I job with US income again can I change the sponsor to myself? Yes, the USD/AUD rate is shocking right now!!! Total bummer as I transfer money to my US bank account from my AU income, luckily TransferWise is quite fair with rates/fees.

3 - It looks like I will have to go with Option 3 'Good Faith' as I am on a Partner Visa in Australia that is currently in temp residency stage... the permanent resident stage has been applied for but it takes ages in Australia to get the visa... I have waited 3.5yr now for my PR, but we are over waiting and just want to move back to the US, more opportunity and less costs for a family, etc (in our opinion of course) and closer to my family. Thank you for all your examples, did you supply this information with the initial I-130 or is this for the second part of the visa when the Affidavit of Support is filed? Side note - I feel silly for asking, how have you maintained voting?

4 - Definitely have decided to complete this process w/o an attorney... I guess I got worried reading a lot of Immigration Sites saying that if XYZ you will not be able to apply, I even asked a number of different Immigration Lawyers during a free consultation if you can apply for I-130 whilst abroad and they all told me they highly advise against it... plus, I spent over 9k for my Australian visa and did it myself and I'd like to keep the costs down this time haha... 

Hi everyone... I’m Jules & a USC living in Australia with my partner. I have lived in Australia with my partner for 4 years+ now & he is an Aussie citizen. We want to move to America.. so we plan on getting married soon then I will submit / apply for the I-130.

My questions... 

1. Can I apply / file the I-130 whilst living abroad in Australia after recently getting married 

2. Can I reside in Australia until confirmation that the I-130 has been approved then move back to the US to “re domicile” myself and secure a job to provide the affidavit of support or does the next part of the process need to be applied for immediately after confirmation of approval for the I-130? (I have been working FT in Sydney and have filed US Tax returns based on my AUD income but living in Syd is so expensive I haven’t been able to adequately build up a savings hence wanting to move back to the states but I would need to find a job once I moved back but shouldn’t be too hard as I have professional experience and a masters degree)

3. For purpose of “re domicile” and proving my intentions are to move back, I recently opened up a new checking account in the US and have been transferring money into the account - is this be beneficial? 

4. Is using a service such as “Boundless” which is $7,500 worth it? Or do you reckon the forms are doable? 

I guess that is all for now... cheers xx