Clueless, lots of questions, help please!

[CR1KEY 0]

Ok, so our situation is a bit complicated so I hope you guys can shed some light and reassure us that there is a way to do this...

I'm American by birth, both parents are French so I have dual citizenship. I've never lived in the US except for six months a couple of years ago. I worked for three of those six months but didn't earn enough to pay any taxes and have never filed a US tax return. I have a SSN, a bank account (with hardly anything in it), and a friend's address in California that I used as my residential address when I was there.

My girlfriend is from Beijing. We met two and a half years ago in Hong Kong where she was studying when I passed through on my travels. I lived with her there for a few months on a couple of consecutive tourist visas. We then went traveling, spent a year in New Zealand on working visas, then went to Australia where she could only get a tourist visa. Her visa expired a few weeks ago and she's now gone back to China and I'm still in Australia working.

We'd like to move to the US together as soon as possible. Our first thought was for her to get a J1 aupair visa and get married once we're both over there, but having done some reading that seems like a more complicated/long/expensive way to do it. So we've started looking at the CR1 process and the idea of getting married somewhere beforehand but we're confused since our situation is relatively unique.

Some questions...:

Can we get married anywhere or does it have to be in China?

After we get married, do we have to stay in the same place while the process is underway and while we wait for her interview?

Could she potentially apply for a J1 aupair visa while we're waiting for the CR1 process to happen so we could be in the US together sooner?

Will her interview have to take place in China regardless of where we get married and regardless of where she is/we are at the time, or can it be done in any USCIS anywhere in the world?

If we have to get married in China, can I be there on a tourist visa?

I read that I'd need to have been in China for over six months to file the I-130 by DCF. Is there another way to file the I-130 that doesn't have that requirement?

I also saw that I need to file I-130 in the place that is considered my permanent residence. Having been traveling for the past 3 years or so, I'm confused as to where that would be. I grew up in the UK but haven't been back there for over five years and I only lived in France for a couple of years before heading off on my travels 3 years ago. So not sure whether my permanent residence is my current address here in Australia, my father's address in France, my friend's in California, or...

Will the fact that I've never really lived in the US and the lack of tax returns be a problem? How would I show that I'm in the process of wanting to establish domicile there?

How much money is required to show we can afford the move? We don't have much between us and no joint accounts. Is that ok as long as we can find co-sponsors?

Assuming this is at all possible, what happens once we get to the US? Do we need a fixed address so they can check up on us periodically or are we free to do as we like until the 2 year interview as long as we can prove we've spent those two years together? (We're thinking of buying an RV and living on the road while working remotely so wouldn't have a fixed address...)

We have plenty of photos together, lots of emails/sms/skype convos, can probably dig up flight booking emails and have met each other's mothers if that helps...

A lot of questions I know. Hopefully some of you can enlighten us a bit. Thanks!

[Ryan H 3,810]

Answers in bold:

Some questions...:

Can we get married anywhere or does it have to be in China?

You can get married anywhere

After we get married, do we have to stay in the same place while the process is underway and while we wait for her interview?

No

Could she potentially apply for a J1 aupair visa while we're waiting for the CR1 process to happen so we could be in the US together sooner?

She can apply, but having an I-130 filed on her behalf will dramatically increase the chances that the J1 application will be denied.

Will her interview have to take place in China regardless of where we get married and regardless of where she is/we are at the time, or can it be done in any USCIS anywhere in the world?

USCIS does not do visa interviews, they do not issue visas, and only they only have a few field offices in countries outside the US. Her visa interview will take place at the Embassy or Consulate that A) issues immigrant visas and B) is closes to where she is legally residing at the time.

If we have to get married in China, can I be there on a tourist visa?

Yes

I read that I'd need to have been in China for over six months to file the I-130 by DCF. Is there another way to file the I-130 that doesn't have that requirement?

You can send the I-130 and accompanying documentation to the lockbox in Chicago.

I also saw that I need to file I-130 in the place that is considered my permanent residence. Having been traveling for the past 3 years or so, I'm confused as to where that would be. I grew up in the UK but haven't been back there for over five years and I only lived in France for a couple of years before heading off on my travels 3 years ago. So not sure whether my permanent residence is my current address here in Australia, my father's address in France, my friend's in California, or...

Right now, your residence is in Australia.

Will the fact that I've never really lived in the US and the lack of tax returns be a problem? How would I show that I'm in the process of wanting to establish domicile there?

Enter "reestablishing US domicile" in the search box here and it will show you threads that address this question.

How much money is required to show we can afford the move? We don't have much between us and no joint accounts. Is that ok as long as we can find co-sponsors?

The I-864P shows what the income requirements are. If you cannot meet the income requirements on your own, you will be required to have a joint sponsor who does.

Assuming this is at all possible, what happens once we get to the US? Do we need a fixed address so they can check up on us periodically or are we free to do as we like until the 2 year interview as long as we can prove we've spent those two years together? (We're thinking of buying an RV and living on the road while working remotely so wouldn't have a fixed address...)

USCIS will need a permanent address to send the green card to. She is legally required to notify USCIS of any permanent address changes.

[CR1KEY 0]

Thanks for all the info!

It sounds like the easiest will be for her to fly back here to Australia so we can get married here, then she can go back to Beijing and I go to the US to look for work, get driving licence etc. while the process is underway.

Will doing this make it difficult to show "evidence of a bonifide marriage" whch is apparently one of the requirements when filing I130 according to the I130 guide here on VJ?

We don't and won't have any jointly owned property, joint tenancy, joint bank accounts etc. by that time. Would affidavits from my parents and a few of our friends suffice??

Thanks again.

[canadian_wife 1,808]

We didn't have joint anything when we applied. They don't expect you to. What they do expect is evidence that you are still in contact, proof of visits and communication, proof of planning your lives together, etc.

In the guide where it says "in addition to the required" - take that as NOT required.

Good luck

[CR1KEY 0]

Good to know, thanks. Will update in due course and ask more questions as they arise...

[kwara4u 14]

You can marry anywhere, but if you marry in US that would be great.

Second, you do not need to file taxes, you can request from IRS official transcript why you were not required to file taxes

Third, if your girlfriend has enough income, she can sponsor herself. Meaning on I-864 you can combine her income to sponsor her too if you dont make enough..

[CR1KEY 0]

Hey, so we need your help again...

We just got married a couple of days ago so the wheels are in motion!

But we're finding it harder than we thought to get someone willing to be our joint sponsor for the affidavit of support so are pondering our options.

For cashable assets, I believe we need three times the poverty guideline minus our income. Our income being zero, we would need close to $60,000 to cover the both of us. Is that correct? And is cash in the bank considered good enough an asset?

Would it therefore be an option for either of our parents to transfer the required amount of money to one of our accounts now, that we could say was a wedding gift and leave untouched in the account until the process is over? Would they consider that sufficient come interview time?

Thanks again for any input!

[VanessaTony 3,567]

Hey, so we need your help again...

We just got married a couple of days ago so the wheels are in motion!

But we're finding it harder than we thought to get someone willing to be our joint sponsor for the affidavit of support so are pondering our options.

For cashable assets, I believe we need three times the poverty guideline minus our income. Our income being zero, we would need close to $60,000 to cover the both of us. Is that correct? And is cash in the bank considered good enough an asset?

Would it therefore be an option for either of our parents to transfer the required amount of money to one of our accounts now, that we could say was a wedding gift and leave untouched in the account until the process is over? Would they consider that sufficient come interview time?

Thanks again for any input!

Sorry nope. Cash in the bank isn't enough if it's only been there a short time (instead of obviously savings building) for exactly the reason you stated. People just put it in hoping it'll be enough and then take it out again.

Also, I notice no-one mentioned to you that as a USC you MUST file your US taxes EVERY YEAR regardless of where you're living or working, if your income is sufficient to file (something like $9K). That's the law. You said in your OP that you were living and working in Australia so... you most likely earnt enough to need to file taxes in the US.

If you're not able to find a joint-sponsor (understandable too... many people on here would not be knowing how serious the form is) then you may need to move to the US now, find a job to earn over the limit.

[CR1KEY 0]

If you're not able to find a joint-sponsor (understandable too... many people on here would not be knowing how serious the form is) then you may need to move to the US now, find a job to earn over the limit.

Well, it's proving impossible to find a willing joint-sponsor...

We'll be ready to send the first package with I-130 etc within the next couple of weeks.

I'll be moving back to the US within the next 2 to 3 months to re-establish domicile and find work.

Assuming I can find a job that pays 125% of the state's poverty guideline, is there any chance that come i-864 filing time 6 to 7 months down the line, they will deem my current employment as sufficient for me to be the only sponsor if I can provide a letter from my employer and pay stubs? (I may have only been working for three months or so by the time we need to send off the AOS...)

Or would I regardless have to wait until I next have to file a tax return showing my new income?

Or...? Any other ideas?

Thanks in advance again for your helpful suggestions!

[NikLR 13,227]

Each time you contact the NVC by doing something with your account, you have another year in which to contact them and do something. Lets say the first something is sending off the Immigrant Visa (IV) package... you could then wait another year until you pay the AOS and send off that pack, if you needed the time frame in which do do that.

I'm unsure if you have a year between paying and sending as well which would mean you could draw it out for quite some time. But essentially if you need longer, then take longer.

[CR1KEY 0]

Ok well, I130 is on its way to USCIS!

Let's hope they deem my income and our few savings as sufficient when we get to that point...

Thanks for all the help so far

[pushbrk 12,637]

Thanks for all the info!

It sounds like the easiest will be for her to fly back here to Australia so we can get married here, then she can go back to Beijing and I go to the US to look for work, get driving licence etc. while the process is underway.

Will doing this make it difficult to show "evidence of a bonifide marriage" whch is apparently one of the requirements when filing I130 according to the I130 guide here on VJ?

We don't and won't have any jointly owned property, joint tenancy, joint bank accounts etc. by that time. Would affidavits from my parents and a few of our friends suffice??

Thanks again.

Ryan gave you great answers and you seem to have a handle on a plan. You can have a Personal Mailbox at a place like a UPS Store, as your permanent address, even though you are traveling. You need someplace to get your mail in the USA and as a base for whether you'll be paying State income taxes etc. Taxes are highest in California and New York, so bear that in mind.

Your joint sponsor must be a US Citizen or US Legal Permanent Resident, currently domiciled in the USA.

Use the evidence from your passports that indicates you've been in the same countries at the same time or traveled together. Affidavits are not needed. Note that just before the list of items you're reading in the I-130 instructions, are the words "in addition to the required...". Anything that comes after that is a suggestion and purely optional. You'll most likely send some "other".