S and R

http://www.uscis.gov/files/form/i-864instr.pdf

See "total value of assets" to explain what you need to do.

Good luck

Thanks for the link. I have read the instructions and yes, beneficiary's assets are considered, including the equity in a property. So thats good news, we won't need a co-sponsor by the look of things. I am inclided to using am immigration lawyer at this stage there is just too much to navigate.

Can you clarify..... Are you planning to move to the US? As I understand it, your fiance is the US citizen, and you are planning to marry in the US, then file the I130 so that you can move to the US? If so, SHE is the one who has to show that she can support you. If she can't, she'll need a co-sponsor. I'm not certain they will acknowledge your assets unless they are held jointly by you and your fiance here in the US.

As for the courtship, I'm sure many of us had short courtships. I think what is important is that you can establish a bona fide relationship with photos, travel receipts, joint finances, affidavits, chat logs, phone records, etc. I wouldn't worry too much about the time frame unless you don't have these items.

Hope this helps, and good luck to you!

Niki

Yes, its me moving to the USA. The assets are here in Australia. I read here a while ago that the beneficiary's assets can be used to calculate the 125%-above-the-poverty-line amount. Is that correct?

I think as long as you both are about the same age and have more or less the same status of living (see first world country) you should be fine.

Thanks for the responses.

My fiance is the USC, and I am Australian, living in Sydney. It is me doing the travelling, 3rd time in April and staying for 4 weeks. There is an age gap of 14 year - Im older, and significantly wealthier and more educated, so much that it appears I will have to use my assets for the Affidavit of Support otherwise a co-sponsor will certainly be required. She is not in a position to manage this process so I have taken an upper hand. The K-1 route is not favaourable as I have a job here and mortgage commitments, and I am already the bread winner in a family of 3, soon to be 4. I need to be able to work soon after arrival. Also, it buys us a few months here to sell 2 properties. We already have some joint financial arrangements even before the marriage. Hope thats not a negative.

Any comments will be appreciated.

Hi everyone,

Another question on my situation: I have been reading about the so-called red flags which include short courtships. I met my fiance in late 2009, we didn't communicate much in 2010 as she wasn't a fan of long distance relationships. We met again in October 2010 made my feelings known, I proposed in December 2010 and plan to marry in April 2011. Is this timeline considered a short courtship? 5 months of communication. There is hardly any evidence of communication in early-to-mid 2010 as I was sending my regards to her through another friend. The persistance paid off though.....

Thanks in advance.

Thanks for the reply.

I guess I have the definitions mixed up. Im Australia (at least) a photo copy has to be certified by a JP as a true copy of an original sighted by the JP. I thought that was the same as notarising. The question then is: What is to notarise? I'll google the definition meanwhile........ An original is an original, why would it need notarising?

Hi everyone,

Do I have to certify all copies of my documents for CR-1? E.g photo copies of airline tickets, boarding passes, etc before atatching to the I-130?

Are documents stamped by an Australian JP acceptable to the US Embassy for visa applications or do I have to take everything with me to the USA and look for a local 'Notarizer'?

Thanks in advance.....

Now that is really good advice. I do not have any legal constraints whatsover - immigration or otherwise. I had a B1 multi-entry to the US before the VWP, to Silicon Valley in San Jose with a former employer. That saving would come in handy. The issue is that I'd like my wife to file the I-130 petition in the US after my departure. She may not be able to take over if anything unexpected came up ( believe me, I know her...). She would be crying for help. I will go through the I-130 and its requirements closely, we will file without a lawyer is we can DIY it.

Another question - how long do you have to know your partner before getting engaged/married to qualify for a CR-1?. Does the duration matter? Are a few months OK?

When it comes to Visa processing, different countries have different "standards" and some countries are high fraud and others low. Australia is a very easy consulate so some of the standards that others go by don't apply to Australia. For that reason most of the visa stuff is country specific. There's Australian threads listed in my signature. Come on over and say hi

In regards to your question, when I had my K1 interview I took emails, and chat logs and more photos... NONE of that was even looked at. They had basically already decided based on our file and just asked a couple of questions. I'm not sure if it helped that I was having flight issues and offered my (then) fiances phone number as a contact number to find out what was going on while I was in transit.. but most people report that they ask a few questions but rarely look at the evidence we take (but don't take it and they're gunna wanna see it, you just know it ).

In regards to ongoing relationship evidence, some people don't type well (my husband is one of them), text msgs were too expensive for us so I got an iPhone (I had a blackberry but it's data plan sucked) so we could email each other instead of texting. Some couples only skype, some use other forms of Voip.. what I'm getting at is in today's electronic age no evidence is the same so just get together proof as YOU do it So based on your post that would be some phone bills of hers showing the texts to you. Depending on how you call (I used a Say G'day phone card for a while) try and get phone records to prove that. You said you support the family so evidence of sending money overseas will help in your case (there are some situations where sending money isn't good, yours is one where it IS good). Anything else you can think of showing proof of your ongoing relationship. Like your continual visits overseas (ticket stubs, itineraries etc), proof of sending parcels (if you have it).. anything else you can think of.

Seeing you've decided CR-1 (which given your situation is definitely the best option), I recommend seeing getting the stuff together for the CR1 now and taking whatever you need with you to your next visit in the US and filing it while you are there. When doing the K1 I had to send documents at least 3 times to Tony so he could send off the petition. It will be a lot simpler if you have it all ready to go while you're there. It will also mean spending less time apart while waiting. Also while you're in the US you might want to start looking at job prospects (where, how much for pay etc), that way you have an idea of what you're looking at and it's less of a shock.

Good luck and I hope to see you over at the Aussie chat page

Thanks very much for that! I will certainly visit your OZ rooms after this - closer to home. The April trip is on, I booked my flights today. Delta has made lots of money out of us with the SYD-ATL daily. We'll go though the civil wedding and then file the I-130 for CR-1 after I return. A new thread - is it better to use the services of a US-based lawyer or use one in Sydney? Also, how much reasonable for this service? I have a quote of $4000.! Again, thanks in advance.....

Thanks for your comments.

After your comments, the CR1 certainly is a better option. I will be travelling again in April/May, and from our call today, she has plans for the court marriage. The long CR1 processing time will be a blessing in disguise as I will continue to work for a few more months here to boost our savings. Also, the equity in my Sydney property will suffice to purchase a home outright on arrival.

Interesting comment about the job prospects and pay in the US. We are spoilt here with the job vacancies. I am a Technology Project Manager and I am (somewhat....) optmistic about job prospects but I was advised my lack of US experience will be a big negative. We are planning for 3-6 months of unemployment. My initial plan was for the family to move to Australia but her parents are against the idea as no one in there family has ever been out of the USA. Besides, 4 people relocating is a major event even though Australia immigration is not as 'rigid'.

How important are emails for evident of ongoing relationship? We never email each other! Lots of phone calls though, daily actually, and even more text messages. Would this be a negative? Thanks in advance......

Thanks for the advice. I do have a good job here and mortgage commitments so I cannot just pack up and go. I have managed trips to the US every 3-4 months and for Xmas/New year breaks. I am on VWP so travel to US is hassle-free. I guess I have to start collecting the additional evidence. One question - we hardly email each other, I call randomly several times a day and she only texts 'Please call....'. Thats how we communicate. Are phone records good enough evidence? Should we start emailing each other now? The other evidence you mentioned should be easy to collate. Thanks in advance......

Hi everyone,

My girlfriend lives in the USA and she has hinted that we have to get married as the 'long distance relationship' is not good for her (she is questioning my commitment....). The issue is I cannot afford a fullblown wedding - reception, limos, etc as most of money is for travel to the US and for supporting the family (kids from ex-boyfriend; I dont mind looking after them). Can she file I-130 for me without wedding photos? Only marriage cert and may be a few photos with friends. I have promised her a reception when all this is out of the way. Please advise. Is other 'evidence of relationship'without wedding OK?