stayorgo

2 minutes ago, CatherineA said:

You're fine to stay and adjust, but the logistics can be tricky paperwork-wise (he needs his birth certificate and vaccination records and things like that), and he won't be able to leave the US for several months until he gets AP (they owe you a response in 90 days, can come quicker, backlogs can make it take longer-- it did in our case). So you'd need to go get the dogs solo (he can't go now and come back on the tourist visa because on *that* trip he'd be entering with intent to marry, stay and adjust which is fraud).

What's going on with Australia? Depending on the whens/whys/how longs that could be a bit of a monkey wrench, too.

We actually pretty much have every paperwork and the kitchen sink to go with it. Original plan was to go to visit family and (I) work a bit in 2017, Australia for a year to do the Visa Holiday towards the end of 2017, then ??? (we realized we'd have to swing back to Chile to update some of the paperwork), then move to the US 2018 or 2019 (hadn't figured out if we could apply from Australia yet or not. We didn't have an exact plan. Dogs were already planning on staying at my mother-in-laws until we moved to the US, so we'd actually be getting them quicker this way...

But! I got a job offer of my lifetime (was originally applying to whatever job that could pull in some cash for a couple of months before heading to Australia), so we decided to just stay.

> he won't be able to leave the US for several months until he gets AP (they owe you a response in 90 days,

What's AP???

22 minutes ago, Chardon Ne' said:

Overstay is forgiven for spouse of US citizen however it appears that the issue you may have is with the affidavit of support as Im guessing at this time you have no income nor have you filed taxes in the last 3 years. Have you reestablished your US residency? 

As for the overstay, do you mean the potential future overstay if he were to wait here until the interview date were set if we applied for the visa as if he were in Chile?

10 minutes ago, Chardon Ne' said:

Overstay is forgiven for spouse of US citizen however it appears that the issue you may have is with the affidavit of support as Im guessing at this time you have no income nor have you filed taxes in the last 3 years. Have you reestablished your US residency? 

Oh, no problem with the affidavit of support, my parents are more than willing to be the co-sponsor of his visa. We've actually been talking about moving to the US for years, have done a couple of longer visits, but this time it was just like a switch was flipped and we both were like "Whelp, might as well stay now" and my parents are more than able to cover the financial "obligations."

I don't really know how to reestablish my US residency... Like.. my bank, credit card and student debt bills have always gone to my parents' house, but I don't have a job here yet or anything. I'm also registered to vote under their address. So, I have *a residence*. We've been playing with the idea of paying rent to my parents since we'll probably be here another 3-6 months before I'm able to get a job and rent an apartment, so would a rental contract and paying rent be sufficient? Googling around doesn't seem to come up with anything  Sorry if this is silly, I've just never "adulted" in the US, haha.

Hey everyone! So my husband (Chilean, currently here for 180 days on a tourist visa {not visa waiver! actual tourist visa}, approx 150 days left) and I (US citizen, living in Chile for the past 5+ years) have decided we'd much rather just stay here in the US.

AOS: We were looking at the adjustment of status for residency, but since this was originally going to just be an extended stay before heading over to Australia, we quit our jobs in Chile and sold basically everything off. The only thing we really have back in Chile are our dogs. So! Given our situation, I think I'd rather avoid the adjustment of status since they might deny it for intention to immigrate or whatever, so I'd rather not chance that.

So, given that we're both here in the US, but our domicile is technically still in Chile (no DCF), can we apply for the CR-1 as if he were in Chile, and then he heads back once his tourist visa is over and wait for the interview over in Chile? Or does he have to physically be outside of the US to start the process?

Sorry if this is an obvious question, but I just feel overwhelmed with all of the forms and would like to start the process ASAP if possible so that he'd be as short of period as possible waiting in Chile for his interview (if possible). If there are any options that I haven't touched on, I'm open to ideas!

Thanks!

Thank you for the response JimVaPhuong! Cleared things up for me perfectly.

Hmmm...I thought the USCIS required you to file a change-of-address form with them if you moved.

I will not be moving, I will be visiting. The visa to Chile allows one to enter Chile for 3 months at a time as many times as you want (which is easily feasible by a 6 hour bus-ride or plane over to Mendoza, Argentina.) I will not be opening a bank, nor changing my address for other purposes, nor anything that would indicate my change of address, since indeed, I will not be changing my address. I am a current university student, so my home address is my parents' address so that would not be complicating receiving any packages.

Hi!!!! First post here!!!!

So do you actually have to be in the US to file the I-129f??? I have two scenarios:

1) I am outside of the US. Can I send the completed packet to a trusted individual in the US who then sends in the packet? Or is this a no-no?

2) Okay, I'm inside of the US and I send in my packet. No further steps needed, right? I can leave the country at will to be with my fiance in his home country... right? I'm talking about leaving the US right after sending the I-129f package, and staying outside of the country until my fiance is able to enter.

(extra note: this consulate does not allow direct consular filing for non-residents, so we want to take the Fiance-visa road for his permanent residence.)

Thanks for your help! Please let me know if you need clarification to answer my questions... they seem pretty confusing, haha.