FIled I-130 online and have some questions

[Babu Frik 1,162]

4 hours ago, Simpsorama8853 said:

thanks! so the account we have the money on it is a joint account, is that a problem?

 

we both live in switzerland and we already have an apartment once we move there. or how do you mean show domicile in the us or re-establish i?

 

sorry, we both dont have much idea about the regulations. 

 

joint account is great for evidence of bonafide marriage.

 

[Simpsorama8853 1]

1 hour ago, B&C2017 said:

Oh and just as a heads up (I know you didn't ask for this, but I still wanted to let you know just in case)...

 

Be prepared to bring documentation of strong ties to your homecountry Switzerland with you from now on when you travel to the US.

 

The ESTA is given to you as a tourist with no intentions to immigrate while the pending I-130 clearly shows that you do have immigrant intents (even if not today :-), you see the conflict). This makes you a risk to illegal immigration (even higher than just being married to a US citizen) and CBP might deny your entry to the US - even if you really just want to take a trip to see family.

 

Therefore it's always good to bring lots of documentation with you - better safe than sorry, right?

This might include: 

 

- Your NOA1 from the I-130 showing that you want to go the legal route.

- A signed letter from your landlord (Vermieter) as proof of you having an active rental contract which can't just be quit from one day to the other without notice while in the US. 

- A signed letter from your and your wife's employer stating that you are employed and will still be when you return from your trip (even better over the total of 90 days you'd technically be allowed in the US as tourist).

- If applicable: Ownership of real estate in Switzerland

- If applicable: Proof of kids enrolled in school 

- If applicable: Proof of you and or your wife being  enrolled in courses, university, etc. even after your return to the US

- Invitation cards of your US family to graduations, family parties, etc. if this is the reason you travel to the US. 

- Itinerary of places you want to go see/sight see (maybe even pre-purchased tickets)

- Return ticket, allthough this is the least proof 🙂 

- etc...

 

All of this does not guarantee you being addmitted to the US (I mean even without I-130 and US spouse there is never a guarantee). It's always the CBP Officers decision, but the more you can proof that you do not want to stay at this time, the better.

 

Whatever you do, just don't ever lie or try "illegal workarounds" to immigrate faster. This would haunt you forever. 

 

Thank you so so so much for this information!!! really kind of you!!! I`m not planing to go but you never know thanks!!!!

 

but my wife would have to go for to open a bank account or something right?

[B&C2017 123]

4 hours ago, Simpsorama8853 said:

thanks! so the account we have the money on it is a joint account, is that a problem?

 

 

No problem at all!

As @Babu Frik already said it's one of the ways to prove the bona fide marriage, but I'm sure y'all included that as supporting documentation with the I-130 already.

[B&C2017 123]

16 minutes ago, Simpsorama8853 said:

Thank you so so so much for this information!!! really kind of you!!! I`m not planing to go but you never know thanks!!!!

 

but my wife would have to go for to open a bank account or something right?

Probably, yes. There is also a third option for the domicile requirement (which will for sure apply, but I'd be having some backup as stated above).

The third option is: "You intend in good faith to reestablish your domicile in the United States no later than the date of the intending immigrant’s admission or adjustment of status."

 

You can find the Instructions to the I-864 here: https://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

Just always make sure you get all information and forms etc. from the USCIS website at the time you need them in order to have the newest version and not get RFEs, denials and delays by expired document or guideline versions.

[Simpsorama8853 1]

7 minutes ago, B&C2017 said:

Probably, yes. There is also a third option for the domicile requirement (which will for sure apply, but I'd be having some backup as stated above).

The third option is: "You intend in good faith to reestablish your domicile in the United States no later than the date of the intending immigrant’s admission or adjustment of status."

 

You can find the Instructions to the I-864 here: https://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

Just always make sure you get all information and forms etc. from the USCIS website at the time you need them in order to have the newest version and not get RFEs, denials and delays by expired document or guideline versions.

 

7 minutes ago, B&C2017 said:

Probably, yes. There is also a third option for the domicile requirement (which will for sure apply, but I'd be having some backup as stated above).

The third option is: "You intend in good faith to reestablish your domicile in the United States no later than the date of the intending immigrant’s admission or adjustment of status."

 

You can find the Instructions to the I-864 here: https://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

Just always make sure you get all information and forms etc. from the USCIS website at the time you need them in order to have the newest version and not get RFEs, denials and delays by expired document or guideline versions.

 

i don`t get the third option I`m so sorry. My wife would be the sponsor right bc we would use assets on the aos ? 

 

So she would fill out the I-864 Form? is this also available online?

 

 

[B&C2017 123]

21 minutes ago, Simpsorama8853 said:

 

i don`t get the third option I`m so sorry. My wife would be the sponsor right bc we would use assets on the aos ? 

 

So she would fill out the I-864 Form? is this also available online?

 

 

The third option is that your wife does not have bank accounts, assets, rental agreements, real estate, voting records, etc. in the US, but she intends in good faith to aquire these things by the time you (the immigrant) enter the US.

Your wife is the sponsor as she petitioned for you (she's the petitioner who will always be the primary sponsor later in the game) and you're the beneficiary. You won't have to deal with the I-864 for at least another year though as this won't be used until the NVC stage. I'm not sure if it's already an online form, but it might be by the time you need it. Thats why I said to make sure to always use the latest forms (paper or check if online process) from the USCIS site. Don't safe something now to have it in advance and then use that. If you do so, always cross check that you copy over your information to the newst version of the form.

 

If your income isn't enough (which for you guys is 0.- as it's swiss and not US income and therefore obviously isn't ) and you don't have sufficient assets, you can always have a joint sponsor (for example her parents) to basically co-sponsor you... They do need to meet the requirements as well though. 

 

Also be careful with the abbreviations 🙂 I think AOS is usually used as "Adjustment of Status" - this just confused me for a sec, hahaha!

 

 

Edited January 17, 2020 by B&C2017

[Unlockable 7,314]

*** Multiple posts removed for hijacking this thread. Please do not hijack other member's threads. It is extremely rude.

 

VJ Moderation

[Simpsorama8853 1]

29 minutes ago, B&C2017 said:

The third option is that your wife does not have bank accounts, assets, rental agreements, real estate, voting records, etc. in the US, but she intends in good faith to aquire these things by the time you (the immigrant) enter the US.

Your wife is the sponsor as she petitioned for you (she's the petitioner who will always be the primary sponsor later in the game) and you're the beneficiary. You won't have to deal with the I-864 for at least another year though as this won't be used until the NVC stage. I'm not sure if it's already an online form, but it might be by the time you need it. Thats why I said to make sure to always use the latest forms (paper or check if online process) from the USCIS site. Don't safe something now to have it in advance and then use that. If you do so, always cross check that you copy over your information to the newst version of the form.

 

If your income isn't enough (which for you guys is 0.- as it's swiss and not US income and therefore obviously isn't ) and you don't have sufficient assets, you can always have a joint sponsor (for example her parents) to basically co-sponsor you... They do need to meet the requirements as well though. 

 

Also be careful with the abbreviations 🙂 I think AOS is usually used as "Adjustment of Status" - this just confused me for a sec, hahaha!

 

 

ok i got it. I`m sorry  lol 

 

i just hope we`re going to fill out everything correct lol...

 

Yes we habe 0 income but we would use our assets for the sponsoring part...and she has her last 3 years from the taxes...thanks so much!!!

[B&C2017 123]

1 minute ago, Simpsorama8853 said:

ok i got it. I`m sorry  lol 

 

i just hope we`re going to fill out everything correct lol...

 

Yes we habe 0 income but we would use our assets for the sponsoring part...and she has her last 3 years from the taxes...thanks so much!!!

This is what I'm hoping all the time 😄

It litterarly took us like a month until we were sure we have every document and filled everything out. Some parts (on the paper based form) were just so confusing. 

Good luck to you and your wife during this long process. Excited to see if the new online filing will help speed things up 🙏

[Simpsorama8853 1]

9 minutes ago, B&C2017 said:

This is what I'm hoping all the time 😄

It litterarly took us like a month until we were sure we have every document and filled everything out. Some parts (on the paper based form) were just so confusing. 

Good luck to you and your wife during this long process. Excited to see if the new online filing will help speed things up 🙏

yes it is......

 

Thanks! same for you guys  

[Just Paul 4,595]

Hi sorry to be so late to this thread. . . 

On the I-130, note that form is used for multiple types for immigrants.   If the question or section does not apply then just write N/A.  Include the I-130A.  Include the evidences of a Bona Fide Marriage.  Make sure her US taxes are up to date.  Express the values in US Dollars.

 

After that is filed it will take around a year to get to the NVC (depends on the service center).   At that point additional documents will be needed like the I-864 and police clearance. If you are relying on assets, the assets should be both names (you are married).  Your wife would always be the primary sponsor.

 

For domicile, you are coming from a low fraud country, there are plenty of discussions on either showing domicile or showing her intent to re-establish domicile. 

 

We came from outside the US together.   I had kept my condo and had proof of paying my HOA, insurance, taxes, keep my car registered, voted, bank accounts, etc.  Recently I had friends get their spousal from living in the Philippines and he simply showed his house lease, voting card and car registration.

[HRQX 4,145]

13 hours ago, B&C2017 said:

Also be careful with the abbreviations 🙂 I think AOS is usually used as "Adjustment of Status" - this just confused me for a sec, hahaha!

In the context of consular processing, AOS is Affidavit of Support.

[B&C2017 123]

7 hours ago, HRQX said:

In the context of consular processing, AOS is Affidavit of Support.

Oops, my bad 🙈

Thank you for letting me know, I wasn’t aware of that ☺️ We’re only at the beginning of the process.

[HuberKimFamily 29]

Hello!

Another Swiss/American couple. I love how all the Swiss are getting roped into moving to the USA.

We went through the Nebraska Service Center too and they do take forever. But, if you are not in a rush to move anytime soon, it should be OK.

Is it possible for your wife to establish domicile in the USA sooner?