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Filed: Timeline
Posted

I am currently in the early stages of apply for my residency permit as a USC in Austria to live with my Austrian husband there for the next year.

From what I can tell the process is relatively 'easy' for me. The application for Austrian residency is filed by district not nationally, I bring my birth, marriage and criminal records to the local offices and then things are processed. The process seems to be very personal and we work with one person for the entire process until I am approved. Within 2-3 months I was told I would received my work and residency permits and rarely does it take longer? I am curious how they decide to approve or not approve a person?

There wasn't any more information I could find on the process, it seems rather simple :wacko:

Has any USC migrated to Austria and can share their experience about it?

At some point late this year or early next year we will file for my Austrians husbands green card via DCF. So again, any personal experiences (or lawyer recommendations!) are appreciated.

I am curious and very nervous to know what the process for me as well as him will be like.

Filed: Citizen (apr) Country: China
Timeline
Posted

The consular officer looks at the big picture, they look at marital evidence for bona fide relationship.

A big thing that hangs many doing DCF is the I-864 Affidavit of Support.

US Citizen spouse MUST provide an I-864. I-864 requires 2 things, First: the US Citizen must have maintaind US domicile (Maintained a US bank account, kept receiving mail to a US address, maintained their US Driver's license, etc..), AND Second: have been filing IRS returns while out of the country. (US Citizen may be exempt from paying tax on foreign income, but is not exempt from filing returns)

You can use a Joint sponsor, in the USA, but you must be primary sponsor.

OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

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CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

Filed: Timeline
Posted
The consular officer looks at the big picture, they look at marital evidence for bona fide relationship.

A big thing that hangs many doing DCF is the I-864 Affidavit of Support.

US Citizen spouse MUST provide an I-864. I-864 requires 2 things, First: the US Citizen must have maintaind US domicile (Maintained a US bank account, kept receiving mail to a US address, maintained their US Driver's license, etc..), AND Second: have been filing IRS returns while out of the country. (US Citizen may be exempt from paying tax on foreign income, but is not exempt from filing returns)

You can use a Joint sponsor, in the USA, but you must be primary sponsor.

thats good to know. I will be maintaining all of my investments and bank accounts while in austria and my mail will be forwarded back to my parents home address, Ill also be sure to renew my liscenes before leaving and make sure I keep filing taxes with the IRS.

As for the sponsor- how do they determine if I am worthy or not?

Filed: Citizen (apr) Country: China
Timeline
Posted
thats good to know. I will be maintaining all of my investments and bank accounts while in austria and my mail will be forwarded back to my parents home address, Ill also be sure to renew my liscenes before leaving and make sure I keep filing taxes with the IRS.

As for the sponsor- how do they determine if I am worthy or not?

Your annual gross income needs to exceed %125 poverty line. Many DCF do use a Joint sponsor due to little or no income while out of the country, and/or the consulate requiring evidence that you will be employed and have a job that pays 125% poverty line after returning to the USA.

http://www.uscis.gov/files/form/I-864P.pdf (Poverty Guidelines)

OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

Filed: Timeline
Posted

Also, how does the US determine your residency in the country? From the date of my residency permit from Austria? a lease?

One issue is I will be travel back and forth to the US for work even though I will be living in Austria for the year. Is that even allowed? Or as the USC must I stay completely out of the US for the 6 months prior to applying for my husbands DCF?

thanks

Filed: Timeline
Posted
Also, how does the US determine your residency in the country? From the date of my residency permit from Austria? a lease?

One issue is I will be travel back and forth to the US for work even though I will be living in Austria for the year. Is that even allowed? Or as the USC must I stay completely out of the US for the 6 months prior to applying for my husbands DCF?

thanks

You have to check what the corresponding consulate considers proof of residency, and how long time is required.- check it here: http://www.visajourney.com/consulates/

I think you can travel as the USC. It should be perfectly fine I think.

Filed: Timeline
Posted

thanks

You have to check what the corresponding consulate considers proof of residency, and how long time is required.- check it here: http://www.visajourney.com/consulates/

I think you can travel as the USC. It should be perfectly fine I think.

I did check, but there was no information as to what qualifies as a resident. I would assume proof of time spent there, a lease, etc should work? I need to find a lawyer in Austria but haven't had any luck :(

Filed: Country: Pitcairn Islands
Timeline
Posted

According to the US embassy in Austria, the residency requirement is 6 months to file DCF. I am assuming that a copy of your Austrian PR card would be enough. However, since they don't specify, best to call and ask. http://vienna.usembassy.gov/en/embassy/cons/iv_spouse1.htm

I would maybe check in your portal for other people who may have filed DCF through Vienna for questions about Austrian bureaucracy.

Filed: Timeline
Posted
I would maybe check in your portal for other people who may have filed DCF through Vienna for questions about Austrian bureaucracy.

thank you, I'll check. I just wasn't sure if the residency was defined during the DCF by Austria or the US.

Also, does anyone know where I could find people who have also had to migrate to Austria and were already married to the Austrian citizen? I can't find anything online with information as to what this process is like as a USC applying for residency in Austria

Filed: Country: Pitcairn Islands
Timeline
Posted

I doubt it is anywhere near as hard for a person to apply for a PR card and work permit through marriage to a PR or citizen of Austria than it is to bring an Austrian through marriage to a US citizen to the US. So there may not be any sites like this for Austrian family based visas.

I have no idea how different Austria is, but when I got married in Germany, all we had to do was go down to the Ausländeramt and register our marriage with them and fill out a short application for my aufenthaltserlaubnis. It took three days and then I just picked up my passport with my three year card stuck in it and a note allowing me go to the Arbeitsamt and apply for an arbeitserlaubnis. It was all free, fast, painless. Nothing compared to the Hell it is to do things the other way around and DCF IS the easy way. :wacko:

Filed: Timeline
Posted
I have no idea how different Austria is, but when I got married in Germany, all we had to do was go down to the Ausländeramt and register our marriage with them and fill out a short application for my aufenthaltserlaubnis. It took three days and then I just picked up my passport with my three year card stuck in it and a note allowing me go to the Arbeitsamt and apply for an arbeitserlaubnis. It was all free, fast, painless. Nothing compared to the Hell it is to do things the other way around and DCF IS the easy way. :wacko:

My husband called the local offices in Austria; apparently its all done 'locally' within the region you live in.

They said I come into Austria as a tourist, and show up at the local office with some documents (an application, criminal record, marriage and birth cards + a passport photo) and I should have my Aufenhaltsgenehmigung andErwerbserlaubniss within the period of my tourist visa.

I guess I'm curious who/how they decide if I get to stay, if there is any interview process etc. It almost looks too easy compared to the US process which is maybe why I am skeptical. :wacko:

Filed: Country: Pitcairn Islands
Timeline
Posted

I never had any interview or anything like that. Some things aren't too good to be true. It is always nice to know that we all can return whenever we want and there will be no problems with my immigration status. If I abandon my German PR, so what? Just go reapply later for it the same way I applied for it the first time. No big deal. Too bad the same is not the same for the US. We are stuck here until my husband naturalizes. :clock:

I wish I could be of more help. Just doesn't seem to be that many Austro-American couples around now that I look at the Austria members pages. :/

Filed: Timeline
Posted
Too bad the same is not the same for the US. We are stuck here until my husband naturalizes. :clock:

I wish I could be of more help. Just doesn't seem to be that many Austro-American couples around now that I look at the Austria members pages. :/

yeah. I fear the DCF process and I fear even more the AOS process if we decide to do it from the US. I was told to expect the process to take 6-9 months assuming all is smooth and we can't leave the US during that time. :wacko:

I just wish I could find someone who has recently immigrated to Austria from the US or as an Austrian to the US via DCF. Both processes look like they might be painless but I am fearing the worst and would love some first hand experiences..

:unsure:

I just don't want to move to Austria, only to be turned about 3 months later by their immigration offices.

Filed: Country: Pitcairn Islands
Timeline
Posted

Hm, I was just reading a little on the process in Austria. Seems a little bit more complicated than the one in Germany, but still easier than the one to the US. I am pretty sure that they are just looking to see that you have no criminal background, sufficent financial means, etc. Doesn't look like anything too difficult or strange.

Why is it that you want to move to Austria? If it is just to do DCF, well, that is a little silly seeing that there is a fairly lengthy residency requirement plus the 1-3 months you'll need to even get the permits. Adjustment of status is for K visa holders. The K-3 process is no longer recommended, so you would do either IR-1/CR-1 depending on how long you have been married. There would be no AOS process, but if you have been married for less than two years, there will be Removal of Conditions.

I moved to Germany because it was the right move at the time. I had nothing to lose and everything to gain. I was about to graduate from uni and be done with all of that mess. The immigration process was far easier there than it was here. My husband was still a student and his uni was near free. It was in some ways a lot cheaper to live there than here. I also spoke some minimal German and had been there twice before, once for 4 weeks and again for 1 week. I lived there fairly content for three years. I found I missed the US very little. If I had to spend the rest of my life there, I probably could. We came back here for a few odds n' ends reasons. I am not sure how long we are really staying, until naturalization at least, but after that, just depends I guess.

Do you speak any German?

Filed: Timeline
Posted
Hm, I was just reading a little on the process in Austria. Seems a little bit more complicated than the one in Germany, but still easier than the one to the US. I am pretty sure that they are just looking to see that you have no criminal background, sufficent financial means, etc. Doesn't look like anything too difficult or strange.

Why is it that you want to move to Austria?

Do you speak any German?

I haven't found much online about the process of moving to austria, beside the embassy which basically says show up to the local office in the region and apply and go from there. it seems very locally done which stresses me out a bit because there isn't much structure.

We are considering moving to Austria for good, which is why we haven't applied for AOS here. We both just finished graduate school and I am done with my fellowship in September. I speak ok german and I have been to Europe more times then I can count-- so Im not worried about culture shock too much..

We are both in a field where we can work independently so its more a question of where we want to establish a career and family then it is about the process being DCF or AOS. It just seems that if we are going to be there anyways, we should apply for DCF and save ourselves trouble doing the AOS here instead...

My husband has been in the US since 2002 as a student, so he is well adjusted to living here and I would like to give Austria a try, since we know the US works for us already. We live in a very very expensive area of the US and the cost of living here is insane, being able to even have a family here is sort of even out of the question.. which is another reason why Austria appeals to me.

anyhow, if anyone has any personal experience immigrating to Austria, knows about the process or live there I would love to talk to you. Also, same goes for DCF into the US from Vienna.

Danke!

 
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