My immigration questions

[jeepcoma 0]

Hey everyone, I'm a new member here, my name is Jon (US) and I'm married to Jaimie (Australian) but I've been doing a lot of reading about all the visa options available to me. As I'm sure you know it can be a bit overwhelming at times so I'm hoping to write out my plan of action and hopefully get some feedback so I know I'm on the right course before I submit anything.

I'm a US citizen, currently in the US. I just got back Feb 11 after three months in Australia where I married by Australian citizen wife on Jan 26. I would have liked to have done direct consular filing, but due to time constraints it was not possible. Right now we are waiting for her to receive the official state issued marriage certificate so we can proceed to the next step, but their office currently has a processing time of 21+ days (usually supposed to take 3). So we're trying to use the time wisely and figure out all our possible options and what the best way to proceed is.

It looks like I have three options for getting her conditional permanent resident status.

1) Remain in the US and file the I-130 for IR-1/CR-1 procedure

2) Same as #1, also file I-129F for K-3

3) Return to Australia and file with the Direct Consulate Filing option

And of course in the meantime, before she is granted CPR status, we'd like to be together as much as possible.

From what I have been reading about prices, time lines, and results, I'm not going to bother with the I-129F; there doesn't seem to be much point in going this route as there seems to be only about a month difference between the I-129F being finished and the I-130, then we'd have more fees and paperwork to go through.

The DCF seems to be the fastest and easiest method start to finish, taking only about three months start to finish if I understand correctly. This would require me to return to Australia, up to 90 days on the visa waiver program, email the consulate, set up an appointment, and file the I-130 in person. After that, I could return to the US and only she would need to go back to the consulate for the final interview? Alternatively, I get a job here (I've been out of work because I just graduated college and I've been in Australia for six months out of the past year, and under the WVP I can't work in Oz, so finding work has been difficult), will have my dad be my financial sponsor (otherwise I'll have to wait for three pay stubs to prove income 125% above poverty level) to file the I-130, and wait for approval. Now, as far as I can understand, it'll take a bit less than a year from the day I mail the I-130 in until she gets her visa stamp at the US consulate in Sydney, correct? But I've been doing a lot of research and it appears there should be no difficulty in her coming to visit me in the US under the WVP; as long as we can prove she does not intend to stay longer than 90 days, which we should be able to do by showing a return ticket and other documentation that requires her presence in Australia (although the ticket should be enough proof in most cases). To be honest, I don't mind waiting a year for her to get conditional residence IF she can come and visit for three months at a time. I don't care about paying for plane tickets either, as I'm sure you can imagine we just want to be together But, if you think it's a huge risk for her to come visit on the WVP while the I-130 is pending, is a return trip to do DCF my best option? And of course, while the I-130 is pending there is nothing barring me from visiting in Australia?

Thanks in advance for any help, I've already gotten tons of information from this site. If only this procedure were simple!

[YuAndDan 153]

1) Best option for you, it results in a Green-Card upon entry, NO adjustment of status, and NO waiting 90 days or more before can do things like work, or drive.

2) K-3 has the added hassle of adjustment of status ($1010) is NOT work authorized, needs 90 days or more to get EAD to work, get SSN and get driver's license. (K-3 is slightly quicker to get under normal situations, there have been many posts lately of USCIS dropping the K-3 in favor of CR-1)

3) DCF requires US citizen to have been living as a resident, NOT a Visitor in foreign country for more than 6 months before they can file the petition.

[Justin and Masako 0]

1) Best option for you, it results in a Green-Card upon entry, NO adjustment of status, and NO waiting 90 days or more before can do things like work, or drive.

Unless you have been married less than two years at the time the green card is issued. Then you require a work permit and advanced patrol for traveling as you will have a conditional green card. You will then need to apply for the conditions to be removed within the 90 days before that conditional green card expires. *Its only a two year green card.

Edited February 18, 2008 by Justin and Masako

[tom&tata 2]

1) Best option for you, it results in a Green-Card upon entry, NO adjustment of status, and NO waiting 90 days or more before can do things like work, or drive.

Unless you have been married less than two years at the time the green card is issued. Then you require a work permit and advanced patrol for traveling as you will have a conditional green card. You will then need to apply for the conditions to be removed within the 90 days before that conditional green card expires. *Its only a two year green card.

You DO NOT need separate work permit (EAD?) & advanced parole for travel if you have green card, conditional or not. Conditional green card is a green card.

Yes, at some point you will need to have the condition removed, but I do not think additional work permit (EAD) and advanced parole for travel is required at any stage if you already have green card.

[YuAndDan 153]

1) Best option for you, it results in a Green-Card upon entry, NO adjustment of status, and NO waiting 90 days or more before can do things like work, or drive.

Unless you have been married less than two years at the time the green card is issued. Then you require a work permit and advanced patrol for traveling as you will have a conditional green card. You will then need to apply for the conditions to be removed within the 90 days before that conditional green card expires. *Its only a two year green card.

Justin and Masako: Be careful about what you say, your post is giving incorrect info.

EAD and AP are NOT required for persons issued a Green-card, conditional or un-conditional. Conditional green card IS work-authorization, and allows re-entry from trips out of the country.

EAD and AP are only needed during period before getting green-card while waiting for adjustment of status from a K-Visa, and AP not needed for K-3/4 visa holders, K-3/4 is a multi entry visa.

[Justin and Masako 0]

1) Best option for you, it results in a Green-Card upon entry, NO adjustment of status, and NO waiting 90 days or more before can do things like work, or drive.

Unless you have been married less than two years at the time the green card is issued. Then you require a work permit and advanced patrol for traveling as you will have a conditional green card. You will then need to apply for the conditions to be removed within the 90 days before that conditional green card expires. *Its only a two year green card.

You DO NOT need separate work permit (EAD?) & advanced parole for travel if you have green card, conditional or not. Conditional green card is a green card.

Yes, at some point you will need to have the condition removed, but I do not think additional work permit (EAD) and advanced parole for travel is required at any stage if you already have green card.

Those are two of the conditions if I am not mistaken. I will take a look and try to re-verify that though.

YuAndDan or tom&tata: could you point me to information that confirms that? From what I read on the USCIS website and here, work and travel are two of the conditions of the "conditional" green card. If I am mistaken then all the better as it means less hassle for us when the time comes. If those are not conditions then do you have a list of the conditions attached to the "conditional" green card?

Edited February 18, 2008 by Justin and Masako

[YuAndDan 153]

Those are two of the conditions if I am not mistaken. I will take a look and try to re-verify that though.

YuAndDan or tom&tata: could you point me to information that confirms that? From what I read on the USCIS website and here, work and travel are two of the conditions of the "conditional" green card. If I am mistaken then all the better as it means less hassle for us when the time comes. If those are not conditions then do you have a list of the conditions attached to the "conditional" green card?

My wife has CR-Green-card, she works, and we have traveled into and returned from Canada several times, NO EAD and NO AP needed. A green-card is a green-card conditional or not.

The conditions on the card are that the couple remain married for the 2 years in a bona fide marital relationship in-order to remove the conditions.

Edited February 18, 2008 by YuAndDan

[Justin and Masako 0]

My wife has CR-Green-card, she works, and we have traveled into and returned from Canada several times, NO EAD and NO AP needed. A green-card is a green-card conditional or not.

The conditions on the card are that the couple remain married for the 2 years in a bona fide marital relationship in-order to remove the conditions.

I've just looked again and it appears that I was wrong about the conditions. I must have been confusing information from the k1 or k3 procedures, sometimes its difficult to keep everything strait after doing so much research into all of the possible immigration paths. I apologize for posting incorrect information.

[jeepcoma 0]

From what I understand about the DCF after reading the guide on this site, the us embassy website, and the US consular services of Australia website, you do not need to live in Australia to file with DCF. You just have to be there. Would this not be the fastest overall option to getting CPR status?

[YuAndDan 153]

From what I understand about the DCF after reading the guide on this site, the us embassy website, and the US consular services of Australia website, you do not need to live in Australia to file with DCF. You just have to be there. Would this not be the fastest overall option to getting CPR status?

From Department of State, which oversees all consulates and embasies.

To demonstrate residency in a consular district, American Citizen petitioners must be able to show that they have permission to reside in the consular district and that they have been doing so continuously for at least six months before filing the petition. Individuals who are in the country on a temporary status, such as student or tourist, would not be considered to meet the residency standard.

http://www.state.gov/r/pa/prs/ps/2007/mar/82030.htm

This has to do with the Adam Walsh Act of last year.

American citizens, including members of the armed forces, who are resident in Australia may file immigrant visa petitions for immediate relative (IR) classification at the U.S. Consulates General in Melbourne, Sydney, and Perth. The consular officer will determine whether your petition can be adjudicated at the Consulate or whether it will require adjudication by a U.S. Citizenship and Immigration Services (USCIS) office.

http://canberra.usembassy.gov/consular/visas/iv/file.html Edited February 18, 2008 by YuAndDan

[jeepcoma 0]

I read that too and I'm somewhat confused, because I have read that you can just fly into Sydney and do DCF. This petition filing form lists all the documentation you need to bring with you, nowhere does it say anything about residence requirements or proving where you live. You just have to show up in person to do it.

From the DCF forum section of this site:

Q:Is there any residency requirement for a U.S.C to file DCF in Australia?

A:None, one of very few where the U.S.C. can just fly into Australia and file DCF HOWEVER...it is strongly suggested that as soon as the USC arrives in Australia or even before they arrive by sending in your DS 230 part 1 &2 to open up your case and get a case number (which is explained more below) which you send in with your DS-2001(which is the letter stating you are ready for an interview) or walk in on a thursday( They do walk-ins on Thursdays only) because you never know how long the U.S.C. will be admitted into Australia for. The sooner the better to have enough time to accomplish everything for the DCF process.

Now I understand that some things have changed, but I've read through the whole thread and I don't remember reading about the residency requirement changing (I could have forgotten and will reread it all after I post this).

From ***removed***, an unsourced statement that "Australia allows DCF even if the US citizen is not resident of Australia."

I'm going to keep looking for solid facts. Perhaps a phone call or email will help clear things for sure.

[pushbrk 12,898]

1) Best option for you, it results in a Green-Card upon entry, NO adjustment of status, and NO waiting 90 days or more before can do things like work, or drive.

Unless you have been married less than two years at the time the green card is issued. Then you require a work permit and advanced patrol for traveling as you will have a conditional green card. You will then need to apply for the conditions to be removed within the 90 days before that conditional green card expires. *Its only a two year green card.

You DO NOT need separate work permit (EAD?) & advanced parole for travel if you have green card, conditional or not. Conditional green card is a green card.

Yes, at some point you will need to have the condition removed, but I do not think additional work permit (EAD) and advanced parole for travel is required at any stage if you already have green card.

Those are two of the conditions if I am not mistaken. I will take a look and try to re-verify that though.

YuAndDan or tom&tata: could you point me to information that confirms that? From what I read on the USCIS website and here, work and travel are two of the conditions of the "conditional" green card. If I am mistaken then all the better as it means less hassle for us when the time comes. If those are not conditions then do you have a list of the conditions attached to the "conditional" green card?

You are mistaken.

[pushbrk 12,898]

I read that too and I'm somewhat confused, because I have read that you can just fly into Sydney and do DCF. This petition filing form lists all the documentation you need to bring with you, nowhere does it say anything about residence requirements or proving where you live. You just have to show up in person to do it.

From the DCF forum section of this site:

Q:Is there any residency requirement for a U.S.C to file DCF in Australia?

A:None, one of very few where the U.S.C. can just fly into Australia and file DCF HOWEVER...it is strongly suggested that as soon as the USC arrives in Australia or even before they arrive by sending in your DS 230 part 1 &2 to open up your case and get a case number (which is explained more below) which you send in with your DS-2001(which is the letter stating you are ready for an interview) or walk in on a thursday( They do walk-ins on Thursdays only) because you never know how long the U.S.C. will be admitted into Australia for. The sooner the better to have enough time to accomplish everything for the DCF process.

Now I understand that some things have changed, but I've read through the whole thread and I don't remember reading about the residency requirement changing (I could have forgotten and will reread it all after I post this).

From ***removed***, an unsourced statement that "Australia allows DCF even if the US citizen is not resident of Australia."

I'm going to keep looking for solid facts. Perhaps a phone call or email will help clear things for sure.

I suggest you email the appropriate consulate for information on any residency requirements.

[YuAndDan 153]

I suggest you email the appropriate consulate for information on any residency requirements.

[jeepcoma 0]

Already done. I'll post the reply I get whenever it comes. Thanks so far!