Proof of Financial Support

[RM1996 4]

Just now, Chancy said:

 

A fancy wedding is not required to file a petition for CR1.  A simple legal wedding will do.  Stronger proof for a bona fide relationship is evidence of time spent together and commingling of financial assets.  You and your fiancee probably have loads of that kind of evidence already since you live together in Australia.

 

Note also that there are no guarantees with the timeline for visa processing, as COVID has taught us.

 

So an elopement would suffice? Considering her family can't visit or guests wouldn't really matter? When we will be applying we would of been together for over 2 years, we have a joint bank account for rent, traveled overseas and interstate, and a tenancy agreement and car insurance in both our names. I've been looking into the CR1 but it states that she'd have to be living in the states? & she also may / may not have a job by the time we apply in Australia therefore no tax receipts as her mum supports her here.. i'll definitely be exploring this option a little more tonight, thanks soo much for the heads up mate!

[HRQX 4,145]

22 minutes ago, RM1996 said:

So an elopement would suffice?

Yes, that is sufficient. Some couples then choose to do vow renewal ceremony with guests in the US after entering with the Immigrant Visa.

22 minutes ago, RM1996 said:

I've been looking into the CR1 but it states that she'd have to be living in the states?

I think you are referring to US domicile for the petitioner. That requirement comes in later after I-130 petition approval and some consulates accept the intent to re-establish US domicile.

Edited September 14, 2020 by HRQX

[Elllena 112]

1 hour ago, RM1996 said:

So an elopement would suffice? Considering her family can't visit or guests wouldn't really matter? When we will be applying we would of been together for over 2 years, we have a joint bank account for rent, traveled overseas and interstate, and a tenancy agreement and car insurance in both our names. I've been looking into the CR1 but it states that she'd have to be living in the states? & she also may / may not have a job by the time we apply in Australia therefore no tax receipts as her mum supports her here.. i'll definitely be exploring this option a little more tonight, thanks soo much for the heads up mate!

i did an elopement as well and we were approved with no issues. All I had from my wedding were 3 selfies and that is enough. They don’t care about the wedding reception at all, all they need is a valid marriage certificate and that is all.

[Chancy 6,241]

2 hours ago, RM1996 said:

So an elopement would suffice? Considering her family can't visit or guests wouldn't really matter? When we will be applying we would of been together for over 2 years, we have a joint bank account for rent, traveled overseas and interstate, and a tenancy agreement and car insurance in both our names.

 

For the CR1 petition, eloping is fine, as long as you can get a valid marriage certificate.  There is no requirement from USCIS or the consulate for guests to be at the wedding.  For your peace of mind, as part of your evidence, you can submit photos of the two of you spending time with family or friends on other occasions, like holidays or get-togethers.

 

The point is that your evidence should show that you are really part of your partner's life, not just the wedding.  In any case, it looks like you already have lots of evidence of financial commingling.

 

2 hours ago, RM1996 said:

I've been looking into the CR1 but it states that she'd have to be living in the states? & she also may / may not have a job by the time we apply in Australia therefore no tax receipts as her mum supports her here..

 

For the CR1 affidavit of support, the requirement is for your petitioner to maintain domicile in the US, not that she has to be physically residing in the US at the time of filing.  This official site describes how your partner can do that even while living temporarily in Australia --

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/i-864-affidavit-faqs.html#aos22

 

Assuming your joint sponsor has sufficient income, your partner not having a job will not be an issue for CR1.  Also, she can stay with you in Australia to wait out the process, as long as she returns to the US anytime before you OR together with you when you first enter the US with a CR1 visa.

 

Here's an example of how another couple in Australia addressed the domicile requirement --

 

 

Edited September 14, 2020 by Chancy

[Orangesapples 1,954]

8 hours ago, RM1996 said:

Ugh we have and we did a lot of talking about it, although due to what's going on with covid 19 we couldn't have an wedding without her family being here and her still being in uni. We didn't really want a spur of the moment thing and wanted to keep the engagement exciting and things like that! So time management wise we thought the K1 visa would be best suited..

You can have just the legal part now and then have a big wedding later. 

[Orangesapples 1,954]

5 hours ago, RM1996 said:

Yes fully aware which sucks so much, although i'm a nurse and kinda don't mind a 7 month holiday haha. Thank you though!

I also thought I wouldn't mind, it was only 4 months for me, but the combination of a culture shock (always there), not knowing anyone unless it was through my husband and the inability to basically do anything, I was going crazy. I'd lived abroad before and I love traveling. 

[Orangesapples 1,954]

5 hours ago, RM1996 said:

Ah yes i was looking at these early.. I personally would prefer to do a CR1 but considering the length of the process is a little more than the K1 it doesn't quite fit into my partners and mine timeline unfortunately.. if we didn't have to rush to get married an scramble money together for a ring and weddings with all the proof that is apart of it i'd totally be down! Thanks so much for the info, so helpful that people are spreading the word about CR1!

You don't need rings and a big wedding to start the visa process. This part can be done later (or not at all if you don't want to). Your relationship will benefit more from you being able to work and not go crazy during your first months up to a year here than getting rings or a dress prior to signing a marriage certificate. Trust me, it can be quite hard. 

[Orangesapples 1,954]

4 hours ago, RM1996 said:

So an elopement would suffice? Considering her family can't visit or guests wouldn't really matter? When we will be applying we would of been together for over 2 years, we have a joint bank account for rent, traveled overseas and interstate, and a tenancy agreement and car insurance in both our names. I've been looking into the CR1 but it states that she'd have to be living in the states? & she also may / may not have a job by the time we apply in Australia therefore no tax receipts as her mum supports her here.. i'll definitely be exploring this option a little more tonight, thanks soo much for the heads up mate!

We never had a big wedding (friends threw us parties but we had no idea), I hate rings, so no rings ever. No problem with immigration whatsoever. 

[RM1996 4]

7 minutes ago, Orangesapples said:

We never had a big wedding (friends threw us parties but we had no idea), I hate rings, so no rings ever. No problem with immigration whatsoever. 

So when you got married how long did it take you to apply for the visa? Is it suspicious applying for it straight after getting eloped? Probably a dumb question with all the evidence I have with my partner but just wondering if there was an odd time limit restriction on being married and applying for the visa 

[RM1996 4]

13 minutes ago, Orangesapples said:

You don't need rings and a big wedding to start the visa process. This part can be done later (or not at all if you don't want to). Your relationship will benefit more from you being able to work and not go crazy during your first months up to a year here than getting rings or a dress prior to signing a marriage certificate. Trust me, it can be quite hard. 

Wow thanks for this! Has definitely given me much needed insight. Will deffs be looking down the CR 1 route now! 

[HRQX 4,145]

16 minutes ago, RM1996 said:

So when you got married how long did it take you to apply for the visa? Is it suspicious applying for it straight after getting eloped?

The US citizen can file as soon as you have the marriage certificate. Waiting is not required nor beneficial. It's easier to do it online: https://www.uscis.gov/i-130

Eventually it's going to ask the US citizen: "For whom are you filing this petition? Select the relationship the beneficiary has to you (e.g., if the beneficiary is your parent, select "Parent")." When "Spouse" is selected it says the following:

You selected you are petitioning for a spouse

You will need to upload the Supplemental Information for Spouse Beneficiary (I-130A) as a part of the evidence for this application.

 

 

 

Since you are currently outside of the US you don't have to sign I-130A supplement, but it still needs to be uploaded by the US citizen. Later in the Evidence upload section:

Supplemental Information for Spouse Beneficiary (I-130A)

If you are filing for your spouse, he or she must complete and sign Supplemental Information for Spouse Beneficiary (I-130A). If your spouse is overseas, the I-130A must still be completed, but your spouse does not have to sign the I-130A.

 

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[Crazy Cat 41,586]

48 minutes ago, Orangesapples said:

We never had a big wedding (friends threw us parties but we had no idea), I hate rings, so no rings ever. No problem with immigration whatsoever. 

My wife and I were married during lunch at a restaurant in Taipei.......Just 2 witnesses, my wife, and me.  We signed out marriage agreement at the table, ate lunch, and the rest is history......other than taking the signed agreement to our Household Registration office to register the marriage.

Edited September 15, 2020 by Lucky Cat

[Orangesapples 1,954]

1 hour ago, RM1996 said:

So when you got married how long did it take you to apply for the visa? Is it suspicious applying for it straight after getting eloped? Probably a dumb question with all the evidence I have with my partner but just wondering if there was an odd time limit restriction on being married and applying for the visa 

Look at my timeline. I used a K1 and then AOS in the US, I had an interview and everything. So I didn't do a CR1 and I wish I had. K1 has way too many drawbacks. 

 

But to answer your question - no, it's not suspicious, it's absolutely normal. But you'll likely need some time to gather all the documents anyway. 

[Orangesapples 1,954]

1 hour ago, RM1996 said:

Wow thanks for this! Has definitely given me much needed insight. Will deffs be looking down the CR 1 route now! 

Yep! USCIS might only care about a big wedding ceremony if the beneficiary is coming from a (usually quite conservative) country where culturally it's very important to have a family celebration. Definitely not the case for Australia. 

[JFH 12,189]

7 hours ago, RM1996 said:

Ah yes i was looking at these early.. I personally would prefer to do a CR1 but considering the length of the process is a little more than the K1 it doesn't quite fit into my partners and mine timeline unfortunately.. if we didn't have to rush to get married an scramble money together for a ring and weddings with all the proof that is apart of it i'd totally be down! Thanks so much for the info, so helpful that people are spreading the word about CR1!

Money doesn’t have to be an issue. The marriage just has to be legal. Our rings are stainless steel and cost $25 each. Our whole ceremony cost less than $300 from start to finish, including the paperwork and the officiant. Fancy rings, flowers, photographers, champagne etc are not necessary. For our wedding reception we took advantage of a “2-for-1” deal at Red Robin. Just the two of us. We are no less married than someone who spends a 5-figure sum or books out the Ritz-Carlton.