Moving from Australia to USA

[bremma 0]

Hello and thanks in advance for any help anyone can give to us.

I am a born US citizen who married an Australian citizen 12 years ago here in Australia where we have lived ever since. We have three children together all of which were born here in Australia but the three children all have received their US citizenship.

Now I have recently found out that my mother is quite ill and we would like to move back to the US to be able to spend time with her before she passes away. Since myself and our three girls are all US citizens that is no problem, I just don't know where to start with my Australian citizen husband. I am gathering that we have to fill out the I-130 form and several others, but what is the best way to go about doing this. Since timing is crucial and I do not want to wait to get there. Can we all just fly over now and then apply once we get there for my husband to stay? Or are we better off doing all the paperwork now and if that is a yes can anyone tell me if I am being realistic that we can move by the end of November (today being October 16th)?

I really want to be there now, so if my husband can enter the US on a visitor visa will he have to leave if we apply for him to stay on a permanent basis. Since we have been married for 12 years and have three kids - I can't see how they will dispute that we are a legitimate marriage so to me it just seems like we just need to formalities.

Hopefully someone can help me as so far neither the consulate website or the USCIS one have been of any great help.

Thanks again - Hope

[Penguin_ie 5,994]

Him flying over on a visitors visa (or visa waiver program) and staying is visa fraud and could lead to a lifetime ban, I wouldn't risk it!

As you are still in Australia, you can file DCF (direct consular filing= check out the special forum for this here on VJ) for your husband's IR-1 spousal visa, this is the fastest way, but unless you can plead with the US embassy, I think 6 weeks would still be cutting it fine (though ours- in a different country- took about that long). What may be an option is to file now, then all of you fly over at the end of November with the husband on a visitor's visa, then him coming back to Australia for his medical and interview a few weeks later.

[VanessaTony 3,567]

It all depends on how quickly you want to be together.

Here are your options: http://www.visajourney.com/content/compare the bottom two options are yours.

DCF will get him to the US quicker, and while I doubt it will be by November it is still the quickest option.

On a personal note, I would suggest that either you go ahead first to secure a place to live (unless you already have) and leave your husband and kids to wind up life in Australia. You would need to come back for the interview (unless you wait until after its done to leave) but flights are pretty reasonable at the moment.

Best of luck to you both. This is the DCF guide: http://www.visajourney.com/content/dcf and this: http://www.visajourney.com/forums/forum/82-direct-consular-filing-dcf-general-discussion/ is the DCF forum. You would need to find an Aussie specific one. There are also Aussie specific threads in my signature (such as the Aussie chat one) if you want some support

[lynJer 7]

I would just come over on a visa waiver....you dont have time to fiddle around with paper work and slow responses from immigration....I would expect if you write to the US Consulate in Sydney immediatlly, and tell them what has happened...things will be expediated for you....I got stuff done very quickly when needed.

I also remember reading that immigration are unable to enforce a seperation between biological parents and their under 18 yo children...so I am hopeful youll get something organised within the week...

Good luck and I hope all gets better....

[bremma 0]

See that is what I thought too. I don't understand why we can't all just go now and then once we are there file for my husband to stay. It's not like we are a fling and I'm trying to bring him home. We have been married for 12 years and have 3 kids. I would think the paperwork would just be a formality.

Does anyone know if we actually can do it that way?

[Penguin_ie 5,994]

As mentioned above, that would be visa fraud. Yes, some people get away with it. Those that get caught can- and usually will- be deported and face a lifetime ban, no waiver.

[VanessaTony 3,567]

See that is what I thought too. I don't understand why we can't all just go now and then once we are there file for my husband to stay. It's not like we are a fling and I'm trying to bring him home. We have been married for 12 years and have 3 kids. I would think the paperwork would just be a formality.

Does anyone know if we actually can do it that way?

You can, of course it's always an option, but when he arrives with his wife of 12 years, and his 3 kids you really think they won't realise he's an AOS risk? How would you feel when your 3 kids see him rejected at the border and put back on a plan to Aus. Lets say he does get through by lying that he's just there to visit...:

1. It is FRAUD

2. If you are caught, LIFETIME BAN and you, the USC, could be charged with fraud and JAILED as well as large fines

When DCF is so quick compared to what some of us went through, and given the very scary risks (which actually do get enforced) I wouldn't risk it.

You and your husband are a real relationship and while I understand that it might tick you off to wait a while, the vast majority of us also feel this way. Do it the proper and LEGAL way.

I would just come over on a visa waiver....you dont have time to fiddle around with paper work and slow responses from immigration....I would expect if you write to the US Consulate in Sydney immediatlly, and tell them what has happened...things will be expediated for you....I got stuff done very quickly when needed.

I also remember reading that immigration are unable to enforce a seperation between biological parents and their under 18 yo children...so I am hopeful youll get something organised within the week...

Good luck and I hope all gets better....

I believe you aren't suggesting fraud although at first glance it appears that way.

I believe you're telling him to VISIT the US but still proceed the proper way through DCF or other visa process. I hope that's what you're suggesting.. doing otherwise is against the VJ TOS.

Edited October 18, 2010 by Vanessa&Tony

[bremma 0]

I wasn't suggesting fraud - I was only questioning as to why we have to apply from here and why we can't go there and do the same thing!!

[bremma 0]

There is just so much stuff to do and no one at the consulate will answer any questions. I simply want to make sure that I have everything in order so we can expedite the process. I have the completed I-130 form ready to send tomorrow along with form DS-230 and G-325A from both of us. I have all the corresponding documents they need for me to send - so off in the mail it will go tomorrow.

My husband went today to get his police clearance, but that takes 2-4 weeks they said.

Can anyone tell me about the I-864 form? Will I be able to sponsor him even if I do not have US employment yet?

[VanessaTony 3,567]

I wasn't suggesting fraud - I was only questioning as to why we have to apply from here and why we can't go there and do the same thing!!

Why? Because far too many people have cheated the system over the years so us legit people have to suffer months apart from the people we actually do love, just to prove we are legit. Yes.. i am bitter :S

[Penguin_ie 5,994]

About the I-864. you have three options:

- sponsor on assets (savings, property etc)

- get a US based co-sponsor to stand guarantoor.

- Go to the USA before his interview at the embassy and find a job, send over letter of employment and first paystubs.

BTW, I am pretty sure you need to hand in the I-130 in person at the embassy, as per some posts on the DCF forum about Australian DCF:

http://www.visajourney.com/forums/topic/260953-american-in-oz-considering-dcf-totally-lost/ This may work out well in your case, you can plead for an early interview date (bring a doctor's cert regarding your mom).

Edited October 18, 2010 by Penguin_ie

[Boiler 45,579]

There is a thread going on at the moment about a lady from Hong Kong who chose the short cut route and got bounced back.

VWP is for visiting.

[bremma 0]

Thanks again for all your replies. I have done all the paperwork and will wait, not patiently though...LOL.

Hopefully we are super organized and we will get this done quickly.

Can we go ahead and book our medical appointment before we get the I-130 approval?

[VanessaTony 3,567]

Thanks again for all your replies. I have done all the paperwork and will wait, not patiently though...LOL.

Hopefully we are super organized and we will get this done quickly.

Can we go ahead and book our medical appointment before we get the I-130 approval?

That usually depends on the doctor. I personally booked it but got approved before the actual appointment. At the very least couldn't hurt to call and find out how long the wait is for an appointment.

I don't know much about DCF and waiting times, have you had a read of any of the threads on it? Sorry I can't be of more help **fingers crossed** for you

[bremma 0]

WooHoo - I-130 filed on Thursday and approved today - so now onto the next process. I am a bit worried about the I-864, we are heading out on the 19th of this month and my husband is staying behind to finalize things here and also wait for the whole immigration thing to go through. Medical Checks done, police clearance done, and now I either need to get a job in the states or find a co-sponsor. I am still hoping to get him there by Christmas. That is my goal, hopefully if everything goes ok it will happen. The consulate seems to think it can happen.

Thanks - Hope xo