I-865 / Help?

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rhaidar

Registered Users (C)
Hi,

I am on H1B visa and married to USC. I filed my papers almost 2 weeks ago and just received my ND couple of days ago. My situation is different than most of you and I am not sure what do I need to do!!!

My wife was doing her masters when I met her. She graduated last month. She was already signed up for this program where she has to go study abroad for 1 year. We decided to get married before she left. We did the the wedding ceremony and a small party (around 40 people) but decided to do the Big part Next summer after she finish her 1 year abroad program. We only lived together for 1 month before we got married. She left a week after the marriage (because of the program abroad). We are in constant daily contact. I will be meeting her overseas for the whole month of August. She will be coming over for Christmas and New Years break. And we have other plans to meet twice next year before she finish from her program next June and move back with me here in the USA.

Because of all of that we didnt have time to set up a joint bank account or put her name on my lease or even have bills in both of our names.

Since she will be living abroad for 1 year, does she have to fill up form I-865 and put her abroad address? Any other form that she needs to file? Any forms that I have to file?

As for the interview, how long does it usually take to assign an appointment for the interview? Would they refuse my case because she is not living with me? If she was able to come for the interview, can we do it given our situation? Or is it possible (if it is going to be a problem to do the interview with our situation right now) to postpone the interview till she moves back to the USA next June? and we will be living together and by then we will have the joint bank account set up and all the bills and lease taken care off?

Any ideas/suggestions? Thanks.
 
Interview Help!!!

Anyone out there who might be able to help me with this? Thanks.

rhaidar said:
Hi,

I am on H1B visa and married to USC. I filed my papers almost 2 weeks ago and just received my ND couple of days ago. My situation is different than most of you and I am not sure what do I need to do!!!

My wife was doing her masters when I met her. She graduated last month. She was already signed up for this program where she has to go study abroad for 1 year. We decided to get married before she left. We did the the wedding ceremony and a small party (around 40 people) but decided to do the Big part Next summer after she finish her 1 year abroad program. We only lived together for 1 month before we got married. She left a week after the marriage (because of the program abroad). We are in constant daily contact. I will be meeting her overseas for the whole month of August. She will be coming over for Christmas and New Years break. And we have other plans to meet twice next year before she finish from her program next June and move back with me here in the USA.

Because of all of that we didnt have time to set up a joint bank account or put her name on my lease or even have bills in both of our names.

Since she will be living abroad for 1 year, does she have to fill up form I-865 and put her abroad address? Any other form that she needs to file? Any forms that I have to file?

As for the interview, how long does it usually take to assign an appointment for the interview? Would they refuse my case because she is not living with me? If she was able to come for the interview, can we do it given our situation? Or is it possible (if it is going to be a problem to do the interview with our situation right now) to postpone the interview till she moves back to the USA next June? and we will be living together and by then we will have the joint bank account set up and all the bills and lease taken care off?

Any ideas/suggestions? Thanks.
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Rhaidar,

I'm sorry I don't know anything about I-865. It says that she should file it if she leaves the US permanently, but I don't know if a year is considered permanent. She is coming back, so a year would still only make it temporary, right? I'm not sure at all though, so better wait for someone more knowledgable in this matter ok?

As for the interview date, that depends on your local DO. You can check on processing times on the USCIS website (www.uscis.gov).
On the other hand, these times aren't always accurate. Lately, processing has become much faster. You could be getting an interview date in 3-5 months from now!

Even though it will be a red flag that you aren't living together right now, the interviewer will look at your case individually, and if you can give him/her enough proof that your marriage is bona fide, they will still approve your case.
Make sure that you keep all the plane tickets when you guys visit each other and your phone bills with your records that show you talk daily. Things like that can help you prove your relationship.

Do you have other joint documents, like health or car insurance? Do you have a lease agreement with both your names?
Maybe there is a way that you can get a joint bank account, even though she is overseas right now. That would help a lot, too.

Now, it is a MUST that she attends the interview with you. If you cannot arrange that, postponing would be an option, although I really don't know about the risks of doing that.

I hope I could help. Do wait for more comments, I'm sure they will be more replies.
Good luck to you and keep us posted! :)
 
Thanks Patty for your reply. I really appreciate it.

I hope that others will post too. I only have car insurance in both of our names so far. I will be looking into openning a joint bank account while she is overseas. I think it should be doable.

Raed
 
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