Looking for visa advice...

[Bellatine 0]

My partner referred me to this website to help figure out which forms I need to fill in and mail off this coming week, but I'm really unsure so I decided to get a post up and running...

Our backstory:

We're a long distance couple dating for over 3.5 years. (I'm from Australia) I've visited and lived with my partner a couple of times in the last 2 years for several months, never overstaying my visa and leaving when my time ran out. As I had done the last two times, I mapped out my third trip to USA for Nov-Jan. (On a 3-month visa waiver) The problem?

In the past neither our families or us were able to pin the other down to relocate. We've been engaged for almost 2 years now, but with us being adamant that we wanted the other to move, we continued to fly to see each other every 4-6 months while we tried to reach a resolution. During this trip we did a lot of soul-searching, and with me falling in love with the beautiful state of Colorado, I finally agreed that I will be the one to move.

After making the announcement to friends, we were told that it was possible that if we wanted to get married now, I wouldn't need to fly home and fill out paperwork from Australia, and that I could do that from here if I wanted to. I did a little research to confirm this fact before heading into our county office and getting married.

I'm a little confused as to what to do from here on, and worried that I've gotten myself in too deep. I've been trying to dissect posts and guides to figure out what the best step to take is, and I'm still very unsure.

I know we have to file the I-130, but is it important to file it WITH the I-145 or can it wait another couple of weeks? We weren't expecting such steep filing costs so it's going to take a few weeks to gather the funds to afford to file the I-145 paperwork...

Is it possible to file I-175 together with I-130 and then file I-145 afterwards?

I also read that we need to provide evidence of bonafide marriage. We're only a young couple (I'm 23, he is 27) and I'm not listed under anything he owns nor do I share any assets with him. I'm not sure how I'm supposed to go about proving this. Is a letter written by our housemate in America, or a parent sufficient on it's own?

I'm also incredibly worried about proving the lack of intent to stay upon entry. I understand that I can only legally file for AOS if my initial intent was to head back home before my tourist visa expired. Being young and having still lived at home with my parents, I don't know how to prove otherwise though. I have a now empty bank-account, a credit card stretching it's limits, and I also happened to work for the family business which doesn't help my case either. I don't have many ties to my country, which I can see now will work against me.

We do have many pictures, receipts, etc from trips together to prove an ongoing relationship. I attended his sister's wedding in 2007 in Oregon, and he flew across the world last year for my family reunion, amongst other things.

It's also been 2 days since I was supposed to leave the country... my plane has come and gone. I'm not sure if this will hurt my case, applying for stay after my visa expired?

I know haven't been on top of things as I should have been. We married on January 20th so there isn't any excuse for me procrastinating with paperwork. We've both just been really stressed out and like a foolish couple in love, we wanted to keep on going like there was nothing stopping us from being together permanently... but of course in reality, there is.

If anyone has any advice they'd like to share, any questions they can answer, or any questions they have for me, please speak up. I'm lost, and don't know anyone who knows enough about this topic to give me the help I need.

Thank you.

-Belle

Edited February 4, 2009 by Bellatine

[Kez/JWolf 6]

Have a read of the Guide http://www.visajourney.com/forums/index.ph...page=i130guide2 This will answer most of your questions. And of course we are always here to answer anything that you not sure about.

Good Luck

[payxibka 10,047]

To begin with familiarize yourself with the I-130, I-485, I-765 as these forms kickoff the process

[Mint518 0]

I know we have to file the I-130, but is it important to file it WITH the I-145 or can it wait another couple of weeks? We weren't expecting such steep filing costs so it's going to take a few weeks to gather the funds to afford to file the I-145 paperwork...

Is it possible to file I-175 together with I-130 and then file I-145 afterwards?

Just a thought, but I think it would save a lot of time if you file I-130 and I-145 at the same time, because as far as I know, I-130 and I-485 are usually approved at the same time upon the AOS interview. So, I think IO (immigration officer) who will be assignd to your case will keep I-130 and I-485 together. So by filing them togetehr you can save time and labor of IO to look arond and locate your I-130 at the time he/she receive your I-485 on a later date.

Also it is I-485 (not I-130) which give you the legal status to legally remain in the U.S. And until I-485 is filed and received by USCIS, you will accure overstaying period.

Regarding your last question, since I-175 is a benefit for people adjusting thier status (i.e, I-485 filer), you cannot file I-175 without I-485.

Edited February 5, 2009 by Mint518

[Mint518 0]

Regarding your last question, since I-175 is a benefit for people adjusting thier status (i.e, I-485 filer), you cannot file I-175 without I-485.

One correction. I meant "I-765" not I-175. (And I think you meant I-765 as well).

[payxibka 10,047]

I know we have to file the I-130, but is it important to file it WITH the I-145 or can it wait another couple of weeks? We weren't expecting such steep filing costs so it's going to take a few weeks to gather the funds to afford to file the I-145 paperwork...

Is it possible to file I-175 together with I-130 and then file I-145 afterwards?

Just a thought, but I think it would save a lot of time if you file I-130 and I-145 at the same time, because as far as I know, I-130 and I-485 are usually approved at the same time upon the AOS interview. So, I think IO (immigration officer) who will be assignd to your case will keep I-130 and I-485 together. So by filing them togetehr you can save time and labor of IO to look arond and locate your I-130 at the time he/she receive your I-485 on a later date.

Also it is I-485 (not I-130) which give you the legal status to legally remain in the U.S. And until I-485 is filed and received by USCIS, you will accure overstaying period.

Regarding your last question, since I-175 is a benefit for people adjusting thier status (i.e, I-485 filer), you cannot file I-175 without I-485.

Point of clarification... It is very important if you are going to go this journey yourself... to learn the proper semantics and be careful with form numbers... You could accidentally ask a question and you may get a wrong answer if not careful...

From the above - The reference to the I-145 is probably referring to the I-485, The reference to the I-175 is probably referring to the I-765....