I Need Help....Unique situation??

[bluto 0]

Hello everyone,

I am a US citizen, living in California. My fiancee is an Australian citizen and she resides in Melbourne. We have already gone through the K1 Visa process, and about 3 weeks ago, she went for her interview in Sydney and was approved for a Visa. She has not purchased a plane ticket to fly here as of yet, as we haven't nailed down exactly when she can leave, but the plans are that she'll be here by May 9th and within a couple of weeks later, we will marry, then file the AOS/EAD..etc, etc. The plan was for her to live with me.

Here's the conundrum: We are starting to have second thoughts as to where we want to spend our lives together. I have been to visit her twice, and love it there. She has the better job than I have, and I am beginning to wonder if we shouldn't have planned this thing out to have me apply for the visa instead of her.

Seeing as though we have already spent the money to file the K1, and gone through everything we have so far, are there any easy options at this point so it doesn't appear we've wasted our time and have to start all over? Would we be better off marrying here as planned, living here for a time, then filing a CR-1 to go live in Au? With the job situation here as things are, even though she has professional qualifications, nothing is guaranteed. Her job in Melbourne is secure, and might even be available to her if she should return after a time.

Any ideas or thoughts would be most welcome.

Thanks,

Bob

[ScottThuy 140]

In business we would consider the money you have already spent "Sunk costs". You need to base your decision on what is best for the both of you and your relationship long term and not because of some money and time spent that are behind you now...

The ability to financially support your family long term is a serious concern... In either scenario one party will be leaving friends and family... this can be the biggest hurdle for many relationships and is not fully evaluated quite often... only to result in a rough road ahead...

best of luck in your decision... the decision needs to be made together...

[Fandango 1,439]

That's really a personal choice that only the two of you can answer. I can say that iirc, that even as a gc holder, if she came here for a brief period and then you both went back, she would lose status once she's out of the US for a certain length of time. So if you want her to come here, the only way to make it 'worth the effort' is to stick it out til she has her citizenship (does Aus allow dual?), THEN go back with her. But that will take several years. But that way, you will have more options should you both decide to eventually come back here.

Only you both know whether it's worth it or not. Or you could just have her come over, 'see' how it is, then go back...but if her situation is that much better than yours, is it worth possibly losing it for the 'off' chance she will like it better here?

You won't be filing with USCIS for CR-1 if you go there. You'd be dealing with Aus immigration. I suggest checking into what's req'd with that also before making your decision.

Best of luck!

[bluto 0]

Thanks for the reply Scott, and I/we agree with you. I guess I should have made the post a bit clearer. I believe our intention now is to spend our lives in Australia instead of the US. I suppose I was fishing around for maybe the best way to accomplish this.

Edited March 27, 2010 by bluto

[JimVaPhuong 4,863]

The visa is valid for 6 months from the date it was issued. Take your time and decide how you want to proceed.

If you are fairly certain it will be easy for her to re-enter the workforce if she returns to Australia, you might consider having her stay in the US long enough to become a US citizen. She'll be eligible in 3 years, if she remains married to a US citizen. After that, she can return to Australia for any length of time she wants, and still retain the right to return to the US anytime. Both the US and Australia recognize dual citizenship. In general, having dual citizenship only has a minor effect on the citizen's rights and privileges. For example, she wouldn't be able to sit in Parliament in Australia if she also held citizenship in the US.

Once she has US citizenship, you can look into getting a visa to move to Australia, and also possibly obtaining Australian citizenship.

[Fandango 1,439]

Hey, what am I? Chopped liver?

I will add one more thing though...if she claims dual citizenship, she will be subject to pay US taxes on her Aus income.

[bluto 0]

Hey, what am I? Chopped liver?

I will add one more thing though...if she claims dual citizenship, she will be subject to pay US taxes on her Aus income.

Happy,

You and I must have been typing/posting at the same time.

Very informative responses all. Nice add regarding the dual citizenship. I would not have thought of that at all. Keep them coming folks, while we sort them out. Our living expenses, curiously enough, would be far less here in the US, due to myself living essentially rent free. So as you can see, it's a gut-wrenching decision to make. She has already arranged to have her flat rented, and really at this point only need to sell her vehicle, arrange for ocean shipment of some of her belongings, and storage for a few others.

[Fandango 1,439]

Just bustin your chops, B! teehee

[Malrothien 6]

Hey, what am I? Chopped liver?

I will add one more thing though...if she claims dual citizenship, she will be subject to pay US taxes on her Aus income.

As a US Citizen, she would be exempt on US taxes up to $86,000 USD. She would have to file yearly, yes, but can file for the foreign income exemption.

[littlecrazyangel 1]

You either have the 6 months until the visa is valid or the 3 months to get married. Live together for a short time and then decide together what do you want to do next.

[pushbrk 13,000]

Hello everyone,

I am a US citizen, living in California. My fiancee is an Australian citizen and she resides in Melbourne. We have already gone through the K1 Visa process, and about 3 weeks ago, she went for her interview in Sydney and was approved for a Visa. She has not purchased a plane ticket to fly here as of yet, as we haven't nailed down exactly when she can leave, but the plans are that she'll be here by May 9th and within a couple of weeks later, we will marry, then file the AOS/EAD..etc, etc. The plan was for her to live with me.

Here's the conundrum: We are starting to have second thoughts as to where we want to spend our lives together. I have been to visit her twice, and love it there. She has the better job than I have, and I am beginning to wonder if we shouldn't have planned this thing out to have me apply for the visa instead of her.

Seeing as though we have already spent the money to file the K1, and gone through everything we have so far, are there any easy options at this point so it doesn't appear we've wasted our time and have to start all over? Would we be better off marrying here as planned, living here for a time, then filing a CR-1 to go live in Au? With the job situation here as things are, even though she has professional qualifications, nothing is guaranteed. Her job in Melbourne is secure, and might even be available to her if she should return after a time.

Any ideas or thoughts would be most welcome.

Thanks,

Bob

Your questions are personal, not immigration related as you already have the answers to your immigration questions. These are life decisions. Nobody here can tell you what will be the best decision for you, as they are not living your lives.

[Gary and Alla 3,694]

Hello everyone,

I am a US citizen, living in California. My fiancee is an Australian citizen and she resides in Melbourne. We have already gone through the K1 Visa process, and about 3 weeks ago, she went for her interview in Sydney and was approved for a Visa. She has not purchased a plane ticket to fly here as of yet, as we haven't nailed down exactly when she can leave, but the plans are that she'll be here by May 9th and within a couple of weeks later, we will marry, then file the AOS/EAD..etc, etc. The plan was for her to live with me.

Here's the conundrum: We are starting to have second thoughts as to where we want to spend our lives together. I have been to visit her twice, and love it there. She has the better job than I have, and I am beginning to wonder if we shouldn't have planned this thing out to have me apply for the visa instead of her.

Seeing as though we have already spent the money to file the K1, and gone through everything we have so far, are there any easy options at this point so it doesn't appear we've wasted our time and have to start all over? Would we be better off marrying here as planned, living here for a time, then filing a CR-1 to go live in Au? With the job situation here as things are, even though she has professional qualifications, nothing is guaranteed. Her job in Melbourne is secure, and might even be available to her if she should return after a time.

Any ideas or thoughts would be most welcome.

Thanks,

Bob

You are better off to decide where you are going to live and proceed accordingly. She can't get a green card here and then return to live in Australia. She will lose her green card (you can always file for a CR-1 at a later date by DCF if you want and move back to the USA) I wouldn't let what you have already done change your mind, it is done. If it was a mistake, say so and move on. She is under no obligation to come here. If you are going to end up there, best to get on with it and do not interrupt her work.

[Fandango 1,439]

As a US Citizen, she would be exempt on US taxes up to $86,000 USD. She would have to file yearly, yes, but can file for the foreign income exemption.

Thank you, it totally slipped my mind to add that.

[Chocolot 0]

congrats on your forthcoming marriage and K1, the paperwork will still be useful to you for the offshore visa application at DIAC if you decide to marry in Australia. A heads up though, FBI fingerprints are taking 13 weeks to process so the sooner you apply the better.

http://www.immi.gov.au/migrants/family/partner-outside.htm

may help.

Hope it helps

[pushbrk 13,000]

Thank you, it totally slipped my mind to add that.

All the same is true of a green card holder not just a dual citizen.