Apparently "too married" for K1....so I have a couple of questions.

[TBoneTX 45,159]

9 minutes ago, JD2 said:

Are you not able to get married in Cambodia?

This was answered in the background thread.   

[MichaelandCo 1]

27 minutes ago, JD2 said:

Are you not able to get married in Cambodia?  I thought about it but people advised me that it's one more thing USCIS has to adjudicate (were y'all together after the online marriage).  In your case, since y'all will be together during the online ceremony, it should be easy to prove but they'll have to check nonetheless.

Because of the time of the Khmer Rouge and war and everything through the 70's-90's there were a lot of issues with families selling the daughters to marriage and other shady stuff.....so "can you" get married in Cambodia...yes....but it is a process.  takes several months, need US FBI fingerprint background check etc etc etc.  Even if we do the Utah online wedding....Cambodia will not recognize it without registering it at the Cambodian Embassy in the US and going through a process. 

[JD2 72]

When I was thinking of doing the Utah online marriage, I was going to take screenshots of the video meeting to include in the filing as well as a joint notarized affidavit a day or two afterwards.  That way I'd have at least 2 forms of proof that we were together after the online marriage.  You could also ask the officiant to write an affidavit saying they officiated the online marriage and saw you two together in a single video chat window.  Good luck.  Hope all goes well and you are approved quickly.

[pushbrk 12,836]

33 minutes ago, JD2 said:

When I was thinking of doing the Utah online marriage, I was going to take screenshots of the video meeting to include in the filing as well as a joint notarized affidavit a day or two afterwards.  That way I'd have at least 2 forms of proof that we were together after the online marriage.  You could also ask the officiant to write an affidavit saying they officiated the online marriage and saw you two together in a single video chat window.  Good luck.  Hope all goes well and you are approved quickly.

Your passport entry stamp to Cambodia is evidence you were in country.  More is OK, but that's enough for the consummation issue.

[JD2 72]

Just now, pushbrk said:

Your passport entry stamp to Cambodia is evidence you were in country.  More is OK, but that's enough for the consummation issue.

Oh ok, I thought you needed to prove you were in the same city as well.

[pushbrk 12,836]

3 minutes ago, JD2 said:

Oh ok, I thought you needed to prove you were in the same city as well.

A reasonable thought, but in country is all they really need.  Of course you'll send photos, but those are secondary evidence.

 

 

[SalishSea 17,779]

2 hours ago, MichaelandCo said:

Yes, I am not planning to JUST have an address.  I will be making a move back to the US before starting the process.
The question that I had about domicile is more this....
"Does MY domicile....HAVE to be the place we all live when they get here?  Or can I go, move into my brothers house, use that address to save money etc until it is much closer to time for them all to show up, and then I will rent a house that will be "ours" once they get here." 

 

Sorry, I missed the bit where you said you’d move back to work.   You should be fine.   Where people get into trouble with the domicile requirement is when they want to move at the same time as the family they’re sponsoring, with just using a relative’s address.

 

 

[MichaelandCo 1]

7 hours ago, SalishSea said:

Sorry, I missed the bit where you said you’d move back to work.   You should be fine.   Where people get into trouble with the domicile requirement is when they want to move at the same time as the family they’re sponsoring, with just using a relative’s address.

 

 

Yes, this was kind of my first idea to be honest, and with more research I realized that in order to make this work as easily and quickly as possible, I need to go ahead....go back to the US.  Get the domicile, and get the income.  Suck it up for as little time as possible apart to not drag it out in terms of time and money. 

I feel like I am on the right track now with just one question I am still a bit worried about.

The last 3 years I have had basically no income (living off my VA disability which is not taxable and not on tax returns.)  I will go the US, I will get a job that in combination with my VA will much well over the required amount needed to sponsor. I will make sure that I have a job and that income BEFORE I start my paperwork, and I will make sure that I am still doing that job when its time for them to come to the US.  But will the lack of income BEFORE that be an issue? Or do they mostly just care that I have the income now?

[Boiler 45,413]

Well lets say it takes 2 years so you may be one year short on 3 years of taxes over the required amount.

 

Now that is being conservative. Plus of course the tax years will probably not match your working year so show a lower amount.

 

I was also concerned that your anticipated income was VERY close to the minimum, and do realise that Consulates do not have to accept that you meet the minimum, they can look at the totality. Plus of course than amount is not practical to actually live on.

 

I would not be concerned about domicile, seems to me a well qualified joint sponsor would speed up the process and avoid the actual issue you have.

 

Plus of course the Sponsorship amount goes up every year.

[SalishSea 17,779]

9 hours ago, MichaelandCo said:

Yes, this was kind of my first idea to be honest, and with more research I realized that in order to make this work as easily and quickly as possible, I need to go ahead....go back to the US.  Get the domicile, and get the income.  Suck it up for as little time as possible apart to not drag it out in terms of time and money. 

I feel like I am on the right track now with just one question I am still a bit worried about.

The last 3 years I have had basically no income (living off my VA disability which is not taxable and not on tax returns.)  I will go the US, I will get a job that in combination with my VA will much well over the required amount needed to sponsor. I will make sure that I have a job and that income BEFORE I start my paperwork, and I will make sure that I am still doing that job when its time for them to come to the US.  But will the lack of income BEFORE that be an issue? Or do they mostly just care that I have the income now?

Paging @pushbrk.

 

Personally, I think that as long as your combined job + VA income is well above the minimum, it should be fine.   Current income is king.   In other words, what you earned 3 years ago or even now is not as important as what you’ll be earning when you submit the financial documentation to the NVC.   A W2 job will be the best way of showing current income, via payslips.

[Devarj 45]

Based on my expertience, albit in Vietnam, it is better to get married in country and file DCF. This is much faster than filing with USCIS while in the US. Filing in the US will take about one year for USCIS approval. On the other hand, perhaps not filing DCF is best for getting your financials and housing solidified in the US before starting the family life. I would create a budget for what you need to afford while family is in the US (school, housing, utilities, groceries etc.). Although your VA benefits will increse with additional family menbers, this is still quite expensive, so the year wait could be beneficial. 

Some options: Get a joint sponsor so you can meet the financial requirements and file the I130 DCF after marriage. 2. Get married in country, file the I130 with USCIS electrinically while in Cambodia using your brother's address. This will get the process started before you arrive in the US. Then move to the US, get settled, and wait for the approvals.

Note that you're filing seperate I130s; so the timeline for each may be different (one approved while other is pending). 

Just wondering: since you're in the cyber security field, can you get employment in the US and work remotely in Cambodia? That may improve your situation.

[powerpuff 6,649]

1 hour ago, Devarj said:

Based on my expertience, albit in Vietnam, it is better to get married in country and file DCF. This is much faster than filing with USCIS while in the US. Filing in the US will take about one year for USCIS approval. On the other hand, perhaps not filing DCF is best for getting your financials and housing solidified in the US before starting the family life. I would create a budget for what you need to afford while family is in the US (school, housing, utilities, groceries etc.). Although your VA benefits will increse with additional family menbers, this is still quite expensive, so the year wait could be beneficial. 

Some options: Get a joint sponsor so you can meet the financial requirements and file the I130 DCF after marriage. 2. Get married in country, file the I130 with USCIS electrinically while in Cambodia using your brother's address. This will get the process started before you arrive in the US. Then move to the US, get settled, and wait for the approvals.

Note that you're filing seperate I130s; so the timeline for each may be different (one approved while other is pending). 

Just wondering: since you're in the cyber security field, can you get employment in the US and work remotely in Cambodia? That may improve your situation.

DCF is only accepted for exceptional circumstances and nothing so far indicates OP qualifies.

[pushbrk 12,836]

2 hours ago, SalishSea said:

Paging @pushbrk.

 

Personally, I think that as long as your combined job + VA income is well above the minimum, it should be fine.   Current income is king.   In other words, what you earned 3 years ago or even now is not as important as what you’ll be earning when you submit the financial documentation to the NVC.   A W2 job will be the best way of showing current income, via payslips.

Yes, the plan to go home and go to work will solve all affidavit of support related issues.

[W199 329]

1 hour ago, pushbrk said:

Yes, the plan to go home and go to work will solve all affidavit of support related issues.

Do you not have enough assets to qualify in lieu of an income?