Timing concerns for I-864 AOS

[wasabi 4]

I am considering marrying my Fiance and going through the I-130 process. I am still debating whether we would be better off doing this or the K1 Fiance visa but am hoping to do the I-130. My Fiance is Laos but lives in Thailand. I am a US citizen but I have the ability to telecommute from anywhere so for now I am also in Thailand with her. There is a chance my remote employment set up could end at some point during the next year so making it past the I864 step is important.

If we were married this Monday and I began the I-130 process soon after marriage, about how long would it be before I needed to send in the I-864 with attendant tax documents and letter from my employer?

When she has an interview will they ask for a new letter of employment and any other updated tax or I864 info?

If we went with the Fiance visa would I be likely to make it through the I864 process any faster? If I understand correctly with the K1 you give an affidavit or support I think the I834 on or very close to the day of your interview. After coming to the USA you marry, adjust status and 4 months later file another affidavit or support.

I'm not worried about finding a job once we are in the USA. I just would like to stay here while we go through this process and hopefully could time everything that I make it past any financial check points while employed.

Also a cosponsor is not an option for me. I would like to do the I-130 more than the K1 primarily because there are tax advantages to being married and filing jointly.

[Ling Ling 22]

I'm sure there are others that know more than I do about DCF, but I'd investigate that option.

If she were Thai, and you have lived there (legally) for 6 months, you could do a Direct Consular Filing,

and possibly be done within a week. I just don't know if that's an option with her being from Laos.

Here's what I know about the normal process (this is an area I'm experienced in).

If you file an I-130 (petition for immigrant visa) you won't be asked for employment information while the petition is being reviewed.

After the petition is approved (could be a month, could be a year) your case goes to the National Visa Center.

Once at NVC, you'll be requested to submit the I-864 (Affidavit of Support...with a fee of $70USD) along with tax and employment info.

You'll also pay $400USD for the Immigrant Visa application(DS-230). Once they review your AOS and IV, it's sent to the US Embassy where she lives.

Once she passes the medical and is interviewed, she gets the visa. I've never heard of anyone being asked to update employment info after the I-864 has been reviewed by NVC.

Hope this helps....now tell us how to get a job that allows one to tellecomute from Thailand.

[Phillip2 3]

Ling Ling is correct I would check DCF first. Here right now the I-130 can easily take a year or longer right now.

[wasabi 4]

I have been told DCF requires one year of residence in a foreign country. I will attain that on May 2nd of 2009. Thus it's probably better for me to do whatever filing I do now. Most likely I will still have my job even at the end of the year wait but there is a chance I could lose it somewhere along the way, hence my question. Also the fact she is Lao but lives here has made my situation somewhat complex.

I am presently here studying Thai language and my employer has permitted me to work remotely while I do so but they have hinted they may end this at some time at which point I'd either have to return or quit. I actually have been married to a foreigner before and waited out the full year abroad. I got divorced several years ago. It was very difficult and put a lot of strain on the relationship. I know most people here must go through this wait apart and I sympathize completely. I realize how lucky I am to have this remote set up with the chance to wait it out together.

I still might do the Fiance visa because from what I'm told it is done more quickly and though I'd pay more in taxes I'd have some extra assurance I wouldn't lose my job if I could get back to the USA quicker.

I realize the I-130 could take a year or more but how long on average does it take to get past the I-864 step. Like I said I did this once before but I forgot most of it.

Edited September 14, 2008 by wasabi

[Ling Ling 22]

I have been told DCF requires one year of residence in a foreign country. I will attain that on May 2nd of 2009.---SNIPPED

I'd double check the residency requirement. Everywhere I know of is 6 months. Of course it's at the discretion of the Consulate.

They COULD do it without a residency requirement, or they could require 5 years, or not offer it at all....but 6 months is the norm.