Questions about seperate resident marriage

[RockOn!!]

Hey,

Couple questions

Just got my final forms in and waiting for that case complete call.

Brief:
I've been living overseas(St. Lucia) away from my husband(U.S) for two years, means I haven't seen him(in person), touched him, smelled him for two years. We have a joint bank account in the U.S, but I've never made any deposits on it because I have not been working since we were married.
We obviously live in seperate homes because I'm here and he's in the U.S. We've got anniversary cards and stuff sent to each other, phone records, emails, photos when we were courting, photos of the wedding, but nothing really besides our communication records to say we are in a bona fide relationship for those two years.
I did attempt twice to make an appointment for a visitors VISA to go see him but chickened out each time because I was afraid of being refused entry at the port because I'm married.
I also tried to apply for a K-3 to go see him, around the time of sending in my 1-30 which the Visa Center never sent back or updated or anything so I just went through with the 1-30.

Here are my questions:-

1)Is a case like mine treated differently to when a person is living in the same country? Since it would be impossible for me to provide a joint lease etc. as we are in seperate countries, does this shatter my chances of obtaining my VISA to go see him?

2) I never tried to apply for a greencard in the U.S while I was married to him even though I could legally stay there for another 3 months but left because I was homesick, will this help my chances?

3)Is my husband expected to fly over here for the interview or am I only required to go in for interview in a case like this?

4)What should I bring then to the interview, if I don't have any proof of living together after our marriage? I only as I said above have many phone records, our emails, photos of wedding, and before when courting and hanging out. I do know everything about him and love him very much but I fear this might not be enough if we are not sharing a home. I cannot show any matching keys...and we do not have a child.

5)How much do we have to pay on the day of the interview if the VISA is approved/for the VISA after interview? How much on average is the medical exam (U.S dollars?)

 

[RockOn!!]

bump still need help

 

[captainkit]

Can you please clarify, are you trying to get your green card/adjustment of status now or do you just want a visitor's visa?

If you want to adjust status, while it is certainly possible, you are going to have a very tough time proving that your marriage is real. Normally they look at whether you live together, how much your finances are comingled, and other things that require being physically together to determine whether your marriage is real. They will often ask you if you know each other's families (names of brothers, sisters, their children, etc) and it helps if family attended your wedding.

How did you meet, how long after you met did you get married, and did you ever live together after getting married? What is your reason for living apart? If you've lived together before but must be separated for financial reasons because your husband needs to work in the US, you might have a better shot. If you never lived together and you don't want to live together now because you get homesick, it's going to look very strange... GCs are for people who want to live with their spouses, not visit them.

 

[RockOn!!]

Can you please clarify, are you trying to get your green card/adjustment of status now or do you just want a visitor's visa?

Hi, this is for a green card to finally live with my husband in the U.S

If you want to adjust status, while it is certainly possible, you are going to have a very tough time proving that your marriage is real. Normally they look at whether you live together, how much your finances are comingled, and other things that require being physically together to determine whether your marriage is real. They will often ask you if you know each other's families (names of brothers, sisters, their children, etc) and it helps if family attended your wedding.

Yes I know his family and he has met mine, but they were not at our wedding. Only our best friends were at our wedding, my father did not approve of my boyfriend so we secretly got married.

How did you meet, how long after you met did you get married, and did you ever live together after getting married?

We got married three years after we met and we met after being stuck in traffic!!

What is your reason for living apart?

I came home to visit my family as I was homesick and he went to visit his, I also left to fulfil a condition on a bank loan which requires I return to my home country for 2 years after repayment begins.
I did not realize that I would have trouble getting back into the country or I would of immediately moved in with him.

If you've lived together before but must be separated for financial reasons because your husband needs to work in the US, you might have a better shot. If you never lived together and you don't want to live together now because you get homesick, it's going to look very strange... GCs are for people who want to live with their spouses, not visit them.

Actually this is also true, my husband needs to work in the U.S to pay his loans because his studies do not apply to my country he would not be able to get a job here, but we did live together though I was never on the lease, we had seperate apartments while we were courting but were always at each others house and I even kept his apartment when he went back to see his family because I could not travel with him.

 

[ml_boston]

I'm not too familiar with the CP/K3 process, but if I remember right, your husband has to file the I-130 (petition) and then the I-129F (K3). If you were the one filing things, the apps should have been rejected. They must be filed by the USC.

Just follow the K3 steps - I found this web site to be most helpful:
http://www.visajourney.com/faq/k3k4visa-outline.html

You'll have to gather as much evidence as you can of your relationship, look at the web site's recommendations for both fiance and spouse evidence, as they can apply to your situation.

-ML

K1 -> I-485 -> I-751 -> N-400

Now filing I-130/I-485 for parent...