Applying for greencard while both alien and US spouse are living overseas

[Mary Smith]

Hi,
I'm hoping someone can clear up some confusion for me. Both myself and my husband (US citizen) are living in Australia. Our plan is to apply for my greencard now and fingers crossed get the whole process sorted and finished before we move next year to the USA.

I see he has to submit the I-130, and we both have to submit the G-325A. However I'm confused about whether we only submit with this the passport photos, marriage certificate, etc. Or do we also submit the proof of relationship photos, joint bank account details, and so on at the same time?
OR do we submit the I-130 and the G-325A's with just the basics, and when they respond, THEN we submit the extra details, photos etc?

I've read so many sites and just want to make sure we're doing this right. Thanks in advance for your help.
If anyone has been through this from outside the US for the whole process, I'd love to hear your order.timeline of events to make sure I have my head around all this :-)

[buleinindonesia]

Hi Mary Smith,

I am a US citizen and my wife is Indonesian. We are currently in the middle of the process you are about to begin. I too, live outside the US with my spouse, here in Indonesia. We have been through the I-130 phase, petition approved, and are now on to waiting for the NVC to respond. To answer your question, you need to submit all documents at one time to avoid delays. This means all forms, proof of relationship, and payment. Once you have submitted your documents, you will receive a notification from the USCIS with a tracking number. You can then monitor the progress of your case here http://www.uscis.gov/. Depending on which service center processes your case will dictate the approximate length of time it will take to process your petition. Ours was processed through the California Service Center. They estimated a five month process period, but it only took a month.

Just a note, because you and your spouse live outside of the US you will need to think about how you will address the Affidavit of Support, which includes proof of a US domicile and a US income of 125% above poverty line for the household size. This has been a bit of a stumbling block for us and we will have to rely on a joint sponsor. Hope this helps. Good luck.

Regards

[Mary Smith]

Hi Mary Smith,

I am a US citizen and my wife is Indonesian. We are currently in the middle of the process you are about to begin. I too, live outside the US with my spouse, here in Indonesia. We have been through the I-130 phase, petition approved, and are now on to waiting for the NVC to respond. To answer your question, you need to submit all documents at one time to avoid delays. This means all forms, proof of relationship, and payment. Once you have submitted your documents, you will receive a notification from the USCIS with a tracking number. You can then monitor the progress of your case here http://www.uscis.gov/. Depending on which service center processes your case will dictate the approximate length of time it will take to process your petition. Ours was processed through the California Service Center. They estimated a five month process period, but it only took a month.

Just a note, because you and your spouse live outside of the US you will need to think about how you will address the Affidavit of Support, which includes proof of a US domicile and a US income of 125% above poverty line for the household size. This has been a bit of a stumbling block for us and we will have to rely on a joint sponsor. Hope this helps. Good luck.

Regards

Thank you for clarifying that for me. I had no idea about the affidavit of support and income requirements, but we will probably approach my husbands parents for that now that we know. Interestingly its not mentioned on any of the USCIS information about that being a requirement. I guess they spring it on you to weed out the ones that aren't serious.

[helpmylife]

Buleinindonesia is correct, you will want to furnish all the required documents and the supporting information at one time. So include the proof of marriage and bonafide relationship documents, pictures, joint bank accounts etc. You will include G-325 for both petitioner and beneficiary, I-130,I-485,I-864, I693 (Optional: I-765 for employment and I-131 for travel.) The I-864 is the financial affidavit where you will need to provide proof of income levels to support the beneficiary. If your husband does not have a U.S tax return for the most recent year, you will need a sponsor who meets the poverty guidelines and can provide the necessary tax/income documents.

[buleinindonesia]

Thank you for clarifying that for me. I had no idea about the affidavit of support and income requirements, but we will probably approach my husbands parents for that now that we know. Interestingly its not mentioned on any of the USCIS information about that being a requirement. I guess they spring it on you to weed out the ones that aren't serious.

Hi Mary,

The Affidavit of Support (AOS) will be filed after your I-130 petition has been approved by the USCIS and your case has been sent to the National Visa Center (NVC). Once the NVC has received your approved petition, they will notify you and you will then need to pay the $325 Visa fee, $120 Affidavit of Support Fee, submit supporting financial documents (including domicile), and complete the DS-260. The need for the joint sponsor will depend on the source of your husband's income and the amount. For example, I am working and living in Indonesia, for an Indonesian company, so my income is not considered to be a US income and is not an income that will continue once we move to the States. However, based on IRS requirements I am still required to file a federal income tax return every year, but I will still need to use my parents as a joint sponsor, though joint sponsors do not have to be relatives of the petitioner or the applicant.

You husband will also need to prove a US domicile as part of the AOS. This could include proof that his life abroad is temporary by submitting temporary visa issued by a foreign government, permanent mailing address in the US, having property in the US, voting records, State tax record, or proof that concrete steps have been taken to secure a domicile such as signing a lease or registering kids for school (if you have kids of course).

Good Luck with everything.

Cheers.