Both I-130 filed & AUssie 820 Filed?

[yankeeaussie 0]

After much soul searching, weighing of options, and a clamoring to understand the immigration system, I am seeking advice in an official capacity.

I have recently applied for a I-130 petition for my Australian husband. With this, I am in the third month of what is said to be a 5 month wait.

As we wait patiently, the reality begins to dawn that A.) he is leaving his very well paid position to be sponsored by me in America, who makes, albeit well above the required poverty line, a modest salary in comparison to his and B.) once the I-130 is approved, there could be an additional wait time for the Visa center to process.

This, in addition to the extra months tacked on to the time we had to be apart before we applied for the I-130, leaves us with nearly a complete year since we’ve seen each other. Heartbreaking and damaging, I’d say, to a newly wed couple.

One option that I’ve considered is to go to Australia while we await his I-130 to come through. We truly have no real clue as to the length of time this should take. So, I have prepared to work for my company remotely while we wait. While there on a tourist visa, it seems to be a good way to cover all bases to apply for an 820 subclass visa to remain there.

　

Is this a feasible option?

Can we have both visas going?

Just trying to figure out the fastest way to see each other. Should I go to Australia and wait out his i-130 to come to the states...and while there begin process for 820 as his wife to stay in Au?

Im just concerned that once petition for i-130 is approved, we'll have yet ANOTHER 2 months wait for him to actually be able to COME to the states. It is too long!

Any advice, feedback, opinions welcomed. THANK YOU VERY MUCH!!

[Ryan H 3,810]

Can we have both visas going?

The I-130 for your husband and the 820 for you in Australia would be handled by two different governments. Completely independent of each other.

[VanessaTony 3,567]

Australia is pretty quick in terms of visa processing times compared to other countries. The longest part is the US part, waiting for the petition to be approved (around 5 months as you said).

One of the things required for the CR-1 is the sponsorship part. If you move to Australia and leave your job you will need a co-sponsor to help with the CR-1 for your husband.

There's a few things I feel I should talk about that you can feel free to ignore.

1. Australia income is very good. While being apart sucks he is able to save more and more for your life together. He can take this time to work on selling his things, or mailing them over to you. It helps a LOT to be doing something towards your new life every now and then. Makes it feel less like "forever".

2. You should (in my opinion) stay in the US employed but if you want to pop over for a visit and take some of his stuff back with you that will also help with a. fees for mailing stuff and b. feeling more connected and less like this is taking forever. Also looks good that you visited again so keep records of the visit. Prepare for your new life together while you're still in the US. Get a bank account set up and put him on your credit cards (if you have them this helps to start building his credit score)

In relation to your actual question... No problem having two visas going at the same time but it seems a bit of a waste of money to me not to mention the income concerns for the CR-1

We all know that the visa process is a sucky one but it is worth it in the end. I know that Tony and I were apart for 10 months before I got the K1 which isn't the longest of all people on here but having spent the last 18 months here in the US with him I can tell you that I don't remember it. I know it sucked. I know I hated the job I had while I was waiting for the K1... but don't remember it as painfully as I remember it was at the time.

You said you're 3 months in... I'd say you've got 3 months to go, maybe less BUT I can tell you I think he'll be there in time for Halloween, for Thanksgiving and for your first Christmas together isn't that just a wonderful thought? You can consider planning his "home coming" party (no dates just plans). Start thinking positive thoughts and making plans for your new life... it will help take the edge off.

[KLS2010 30]

First, let me say....everyone here on VJ will tell you the same thing.....the wait is hell....but it is all worth it in the end!

Vanessa is a great source of information specifically for Aussies...so really listen to what she says!

I know how hard it is to get an idea of how long this will take. But have a look at my timeline in my signature and maybe this will help a little. We are also doing CR-1, so it should give you a pretty good idea (seems alot of the Aussies on here have done/are doing K1...so their timelines are probably a little different. K1 usually make it into the US a little quicker than CR-1, but they have more processing after they are in the US). We are nearly to the end of the NVC stage, but we are still expecting it to be another 2mths or so before I can go back to the US.

There is no reason why your husband can't come to the US to visit while your case is being processed. Three of my fellow December filers have done just that with no problems...one just got back from a 3week stay, and two have landed in the US in the last couple of weeks and will be staying for around a month. And of course, you could always come here too (although it is nearly winter here...so don't be expecting the pretty sun-drenched beaches you see in pictures lol!).

Just a question though - what made you decide to have your husband move to you instead of you moving here?? I only ask since you seem so concerned about him giving up his well-paid job in Australia to move to be with you. I figure you must have had a pretty good reason for it when you filed the I-130? Does that reason still exist? If so, then him giving up that job may have to be the compromise that needs to be made for you to be together. But who's to say he wont be able to find a similar position in the US? I am aware that I probably wont be able to work in the same position I am currently in when I move, and won't be able to earn anywhere near what I make here, but my husband moving here was never an option due to other factors, so that is the compromise that I had to make.

I have only been able to spend three months with my husband since we were married, and I wont be there in time for our first anniversary, so I can sympathise with you - this is definitely not the ideal start to married life. But I just try to stay focused on the end goal - to be back with my husband.

I really hope you can get things sorted out. I wish you and your husband all the best

[Deb+Steve 13]

It's tough but you're nearly over the biggest hurdle. The NVC process, depends on how organised you are. You could be done with NVC in 4 weeks. My USC and I looked into the Aus process as well but it is more expensive than the US process and it wasn't clear on some things. Like, they MIGHT request a bond and trying to find out income limits was a pain as well.

It was the same for us. I left my high paying job and had to get rid of my house to be with my USC. This did cause me lots of concern towards the end but the things we do. Hang in there. It will go quickly from this point forward and it does get better even though it doesn't seem that way right now. Make sure you have all your ducks in a row and are ready to go with NVC when your approval comes through. That's the best piece of advice I can give you.

Best of luck ...