Noob Questions Before I Mail in Our Application

[furble 3]

So we are about to send in our I-130 et. all for my Wife and before I do so I just want to take a moment to make sure I don't do anything that will uncessisarily complicate things by asking those who have already done this and have a little more experience than me.

Quick Background Info on our case:

Wife is Indonesian, I am American (Natural born citizen). I live in Bali with my wife and our Baby, I've lived here for almost 2 years together with her although we've been married for 6 months. Baby is now 4 months and is already a properly registered dual citizen. Important to note however is on a technicality, I am not a Resident here, but technically a "tourist" as my Visa to Indonesia is a tourist visa which I keep getting new ones as needed. Long story short it's not worth getting a Resident visa for me here, big headache and expensive and we prefer to move to the the U.S. So even though I'm a tourist, I live here, I'm here every day, have been for a while and not leaving till we leave together as a family. In fact I have no place in America other than a storage locker. Unfortunately as a non-resident of Indonesia I have to apply to USCIS in America vs direct to the embassy in Jakarta. We are filing to the Chicago Lockbox beause we are going to be moving into my parents home in Maryland first when we go, of which my name is on the Deed to the house (the 1st name on it in fact) and has been for 10+ years, where we will stay until we find our own place in Sunny California.

All that said, here are my questions:

1. The title of my cover sheet is currently: "CR-1 Spouse I-130 Petition For My Wife". Is it better I say "Immediate Relative Spouse I-130 Petition for My Wife". It seems like CR-1 is more accurate, but whenever I search USCIS's website it just calls everything in this category "Immediate Relative"

2. I have read that certain visa categories are limited per year but the "Immediate Relative" category is unlimited. Is CR-1 still considered part of this "unlimited" "Immediate Relative" Category, although it is really a "Conditional Resident". Can find no clarity on this on USCIS' website.

3. I am submitting (currently) some extra documents beyond what it seems they are asking for which are hopefully helpful to whoever processes our application. In particular I want to submit copies of all of my wife's various identity documents (Copy of her Passport, ID Cards [1 for Indonesia, 1 for Bali], Birth Certificate, Family Record [an Indonesian Thing]) all of which are Indonesian Goverment Doucments, officially transalted, and I've also included copies of the originals. So is there any harm in sending this stuff now? Harm being the keyword.

4. I've inclued some written explanations for 2 items in the packet of stuff I want to send:

a) An explanation as to why we didn't change her last name (well she actually doesn't have one). Explanation is basically that it is a complicated pain in the butt thing to do here and would require us to re-create all of her Identity documents including a new passport, all of which are really complicated and require us to go through a lot of local shinanegans to accomplish and would probably take more than a year to do (at least). I did go on to mention that even though we never "Officially" changed her name that she does use my last name on stuff like FaceBook and restaurant reservations, and we also listed her name with my lastname as her "Other Names Used" on the I-130 and G325A. Our daughter does have my last name, that was fortunately easy to do at the time of birth. I do go on to mention that our plan is that someday in the distant future should she become an American Citizen, at that point we would want to officially change her last name because it would then be more simple to do with the American court system.

b) Regarding proof of Joint property, bank accounts, etc... it is illegal for a foreigner to own any property here or be on a lease, even if married to a Citizen, or as a joint property. Furthermore I can't have my name on a bank account with my "Tourist Visa". I could probably get her name added to my credit card and bank accounts in the US, but upon first inspection it seems like more trouble that it is worth until she has a green card and not worth the time that we should be spending with our baby!

So basically, the question is, is it a bad idea that I bothered to explain this stuff at all rather than just ignore it all together given that we are submitting a massive mountain of other evidence: Our Daughter's birth certificate, affidavits, marriage certificates, etc... Furthermore we have 5000+ photos to choose from for the last 2 years.

5. So in the varous things we've included in the packet aside from the forms themselves, we always write from the point of view of "We" rather than "I". Seems stupid to write "I & My" instead of "We & Our" because we are writing all this stuff together, literally, in the same room at the same place at the same time. We are a family and thus a team. I only ask because technically I think it is supposed to be "I or Me" that is petitioning for my wife and baby.

Sorry if that was a lot of questions and I tend to be verbose. I hope some of you knowledgable people who have already passed this step can share your wisdom and opionions to help out our family. We will be sure to pay it forward and share our own wisdom as it comes. Also any other tips, pointers, or recomendations based on the background we provided would of course be appreciated as well!

[Anh map 2,098]

You will have to establish a US domicile. See this FAQ for some information that may be useful. >>> http://travel.state....nfo_3183.html#3

*Edit - This is for later on in the process, not the initial filing*

Edited December 22, 2011 by Anh map

[furble 3]

You will have to establish a US domicile. See this FAQ for some information that may be useful. >>> http://travel.state....nfo_3183.html#3

*Edit - This is for later on in the process, not the initial filing*

Yea this was something I've been pondering what the deal would be with. It's an interesting situation because I'm not "technically" residing abroad as I'm a tourist here. On that token, according to the link you sent then the best deal is to be clear that I am living here temporarily. Of course I'm going through great efforts to explain how I live here with my wife as that is clearly evidence of a bonafide marriage. Perhaps I reword my writings to say I am temporarily living here with my wife until we can go back to the US together? Any thoughts?

Is my plan of moving in with my parents until we find our own place just not likely to fly in your opinion? Seems ridiculous when technicaly my parent's house is my house since my name is on the Deed.

It seems like a complete waste of money to pay rent on a seperate place in the US that nobody is going to live in until who knows when. Personally I have a problem with lighting money on fire and I hope thats not what they expect me to do.

Would it be better that we apply planning to live at my parent's house indefinitely/long term?

Also you say this is for later on, so is this something we can just worry about later when the time comes? Keep in mind we are applying to Chicago based on my parent's Maryland address, however if I am going to have to piss money away renting some place then it will be in San Diego where we eventually want to go to anyway.

By the way, I am employed in the US. I am self employed, have my own corporation. The entirety of my job / company exists online and is done completely online from anywhere in the world. I am paid in US Dollars and although everything is on the internet all of the transactions take place on servers located in the US. I have W-2 Paystubbs from the corporation and everything. It is a California Corporation.

Edited December 22, 2011 by furble

[Anh map 2,098]

Yea this was something I've been pondering what the deal would be with. It's an interesting situation because I'm not "technically" residing abroad as I'm a tourist here. On that token, according to the link you sent then the best deal is to be clear that I am living here temporarily. Of course I'm going through great efforts to explain how I live here with my wife as that is clearly evidence of a bonafide marriage. Perhaps I reword my writings to say I am temporarily living here with my wife until we can go back to the US together? Any thoughts?

Is my plan of moving in with my parents until we find our own place just not likely to fly in your opinion? Seems ridiculous when technicaly my parent's house is my house since my name is on the Deed.

It seems like a complete waste of money to pay rent on a seperate place in the US that nobody is going to live in until who knows when. Personally I have a problem with lighting money on fire and I hope thats not what they expect me to do.

Would it be better that we apply planning to live at my parent's house indefinitely/long term?

Also you say this is for later on, so is this something we can just worry about later when the time comes? Keep in mind we are applying to Chicago based on my parent's Maryland address, however if I am going to have to piss money away renting some place then it will be in San Diego where we eventually want to go to anyway.

By the way, I am employed in the US. I am self employed, have my own corporation. The entirety of my job / company exists online and is done completely online from anywhere in the world. I am paid in US Dollars and although everything is on the internet all of the transactions take place on servers located in the US. I have W-2 Paystubbs from the corporation and everything. It is a California Corporation.

This will be important when the affidavit of support is submitted. Look through the criteria to make sure you meet the requirements. From what you're saying, you've got what is needed.

For a self employed person the income amount used is line 22 of the most recent 1040 tax return. Unless you have a C corporation, this will likely apply to you.

[furble 3]

This will be important when the affidavit of support is submitted. Look through the criteria to make sure you meet the requirements. From what you're saying, you've got what is needed.

For a self employed person the income amount used is line 22 of the most recent 1040 tax return. Unless you have a C corporation, this will likely apply to you.

Corp is a Subchapter S, I got W-2s as I pay myself via payroll and K-1s.

I've now read through much of this forum (great stuff btw) and regarding my initial posting I think I'm going to skip #3, keep #4, and #5 doesn't matter.

I am also going to do my best to make it clear in any where that it makes sense to do so that I am living in Indonesia temporariliy. I also saw that according to the criteria for showing this one way was based on your Visa being clear about being temporary. My current Visa is a Sosial Budaya visa which is actually described by Indonesia as "Classified the same as a tourist Visa although giving permission to temporarily stay up to 6 months for the purposes of vising with friends or relatives (60 days + 4 extensions) with sponsorship from the friend or relative". (Well or somethign really similar to that, as I pulled it out of my head, but have read it many times).

Regarding #1 & #2 I am still looking for wisdom if anyone has any.

[pushbrk 12,883]

Be aware you are not mailing an application for anything. The I-130 is a "petition". When it is approved, your spouse will have the opportunity to APPLY for a visa.

[furble 3]

Be aware you are not mailing an application for anything. The I-130 is a "petition". When it is approved, your spouse will have the opportunity to APPLY for a visa.

Yea true that.

[Ryan H 3,812]

a) An explanation as to why we didn't change her last name

Unnecessary

[furble 3]

Unnecessary

Thanks, yea I forgot to say I was considering scratching that one too. I think I'm still going to keep the part about why we have no joint property though, I mean other than our Baby.

[Ryan H 3,812]

TI think I'm still going to keep the part about why we have no joint property though,

IMO, that's not necessary either.

[furble 3]

IMO, that's not necessary either.

So you think better to leave it alone unless they ask?

My idea was that I didn't want to look like I'm avoiding the fact that we got nothing with both our names on it other than our Baby's birth Certificate, and actually a prenumpt stating that 100% of any property either of us may have in Indonesia is 100% seperate and not joint in anyway. This prenumpt thing is something you have to do here if you marry a local as if you don't 50% of her property automatically becomes your when you marry, which unfotunately automatically forefeights all of the property as it would be illegal for me to have any ownership in any of it.

I think the Baby is pretty strong honestly.

If I want to wait a few more months to file I can include my next tax return which will be joint between us 2 with her new ITIN, but I don't think it's worth the wait.

[Anh map 2,098]

So you think better to leave it alone unless they ask?

My idea was that I didn't want to look like I'm avoiding the fact that we got nothing with both our names on it other than our Baby's birth Certificate, and actually a prenumpt stating that 100% of any property either of us may have in Indonesia is 100% seperate and not joint in anyway. This prenumpt thing is something you have to do here if you marry a local as if you don't 50% of her property automatically becomes your when you marry, which unfotunately automatically forefeights all of the property as it would be illegal for me to have any ownership in any of it.

I think the Baby is pretty strong honestly.

If I want to wait a few more months to file I can include my next tax return which will be joint between us 2 with her new ITIN, but I don't think it's worth the wait.

Having a child does not demonstrate a bona fide relationship. It does confirm that you've met. Raising the child does demonstrate a bona fide relationship.

Corp is a Subchapter S, I got W-2s as I pay myself via payroll and K-1s.

I've now read through much of this forum (great stuff btw) and regarding my initial posting I think I'm going to skip #3, keep #4, and #5 doesn't matter.

I am also going to do my best to make it clear in any where that it makes sense to do so that I am living in Indonesia temporariliy. I also saw that according to the criteria for showing this one way was based on your Visa being clear about being temporary. My current Visa is a Sosial Budaya visa which is actually described by Indonesia as "Classified the same as a tourist Visa although giving permission to temporarily stay up to 6 months for the purposes of vising with friends or relatives (60 days + 4 extensions) with sponsorship from the friend or relative". (Well or somethign really similar to that, as I pulled it out of my head, but have read it many times).

Regarding #1 & #2 I am still looking for wisdom if anyone has any.

S corp = Line 22 on your tax return is the income number.

Edited December 22, 2011 by Anh map

[furble 3]

Having a child does not demonstrate a bona fide relationship. It does confirm that you've met. Raising the child does demonstrate a bona fide relationship.

S corp = Line 22 on your tax return is the income number.

Very true, and thanks, shouldn't be a problem then.

Hey so you know if on my cover letter I can refer to this as an "Immediate Relative Petition" or better to just call it a CR-1 Petition?

Also do you know if CR-1 is in the same preference category is IR-1, meaning there is no limit per year to CR-1's processed?

[pushbrk 12,883]

So you think better to leave it alone unless they ask?

My idea was that I didn't want to look like I'm avoiding the fact that we got nothing with both our names on it other than our Baby's birth Certificate, and actually a prenumpt stating that 100% of any property either of us may have in Indonesia is 100% seperate and not joint in anyway. This prenumpt thing is something you have to do here if you marry a local as if you don't 50% of her property automatically becomes your when you marry, which unfotunately automatically forefeights all of the property as it would be illegal for me to have any ownership in any of it.

I think the Baby is pretty strong honestly.

If I want to wait a few more months to file I can include my next tax return which will be joint between us 2 with her new ITIN, but I don't think it's worth the wait.

No, it's not worth waiting. You don't need anything like that to get the petition approved. You'll have it for the visa interview where it WILL help.

Very true, and thanks, shouldn't be a problem then.

Hey so you know if on my cover letter I can refer to this as an "Immediate Relative Petition" or better to just call it a CR-1 Petition?

Also do you know if CR-1 is in the same preference category is IR-1, meaning there is no limit per year to CR-1's processed?

Call it an I-130 for Spouse. Keep it simple.

[furble 3]

Good new regarding my question #4b, I just realized that we do have a Joint account. My wife's name is on my account and Car Insurance card through Allstate in America. I forgot my Agent recomended we add her even though she doesn't have a drivers license as having a wife apparently lowers your rates. My agent also said she should be on the account because it is a California account which is a Joint Property state, and this way she would be protected against claims to the cars which are technically joint property for my wife anyway. So definitely scratch #4b as we have something better to give instead!