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Sera.L

US citizenship but remain living in Australia?

By Sera.L in K-3 Spouse Visa Process & Procedures

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Sera.L Newbie

Sera.L   0

Posted
Filed: Country: Australia
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Posted

G'day all!

I've recently married the love of my life, and he happens to be American! I'm Australian and we live here in Oz, and my husband is applying for his perm visa.

My question is, can I apply for my US residency/green card/visa (??) (excuse my ignorance on US visas, we have been focused on his for Australia as we reside here), in case we wish to move back to the US in the future? Can I apply and we remain living in Australia?

I would love to have US residency or dual US/Australian citizenship as my husbands heritage means a lot to both of us.

Also, my husband is a USMC veteran, not sure if this can help us in this respect at all.

Cheers for your time reading, and thanks in advance for any replies!

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Ryan H Grand Master

Ryan H   3,812

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted (edited)

You would not be able to apply for anything until the two of you made a decision to move to the US and live in the US.

Your husband would have to file a petition with USCIS, once that petition is approved, then you would be able to apply for a visa.

Edited by Ryan H

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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Penguin_ie Grand Master

Penguin_ie   5,994

Posted
Filed: Citizen (apr) Country: Ireland
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Posted

Ryan is correct- basically, your husband would need to petition you for a visa, the visa needs to be used within 6 months and would lead to a greencard upon entry to the USA. You'd then need to reside in the USA for a minimum of 3 years, after which you can apply for US citizenship. Once you have citizenship you can live whereever you want.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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pushbrk Grand Master

pushbrk   12,906

Posted
Filed: Other Country: China
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Posted

Ryan is correct- basically, your husband would need to petition you for a visa, the visa needs to be used within 6 months and would lead to a greencard upon entry to the USA. You'd then need to reside in the USA for a minimum of 3 years, after which you can apply for US citizenship. Once you have citizenship you can live whereever you want.

Correction. Entering the USA with an immigrant visa does not result in a need to reside in the USA for ANY period of time and certainly not three years. The entry grants a privilege which the person may choose to "maintain" or not. Citizenship requires three years of permanent resident status prior to applying, in the case of a spouse of US Citizen. Once a US Citizen, there is no requirement to maintain residency in the USA.

When ready to immigrate and reside in the USA, you begin the applicable immigration process. Until then, you my "visit" the USA.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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lynJer Enthusiast

lynJer   7

Posted
Filed: AOS (apr) Country: Australia
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Posted

G'day and congratulations.....I am over here in the USA and my American Husband and I plan to move back to Australia one day and he too plans to be an Aussie Citizen as for us....we believe we should both be Dual Citizens....

I have read a few bits and pieces re migrating to Australia in conjunction with coming over here, and noted that there was this (married properly for 2 or 3 year period) which granted you an easier passage...or something like that...and that was both ways....

Except Aussie Govt allowed 'living together' time to be used as part of your 2 or 3 years tenure.

Centrelink has new laws which apparently are world wide...YOU CAN ONLY BE A RESIDENT OF ONE COUNTRY AT A TIME...so that being said, unless you are posted on official business in like a USA compound OS your residency must be served here in the usa.

My husband is a marines vet too....I was Aussie Army and no special treatment came our way at all....I may as well have served on the communist red army for all the officials cared.

Good luck and I hope your aussie male friends aernt giving your husband too much ######, like they used to do to mine when we were both living there.

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Rebecca Jo Experienced

Rebecca Jo   1,962

Posted
Filed: Lift. Cond. (apr) Country: United Kingdom
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Posted

Correction. Entering the USA with an immigrant visa does not result in a need to reside in the USA for ANY period of time and certainly not three years. The entry grants a privilege which the person may choose to "maintain" or not. Citizenship requires three years of permanent resident status prior to applying, in the case of a spouse of US Citizen. Once a US Citizen, there is no requirement to maintain residency in the USA.

When ready to immigrate and reside in the USA, you begin the applicable immigration process. Until then, you my "visit" the USA.

It does if you want to become a Citizen. Which is what the OP asked about.

Our journey together on this earth has come to an end.

I will see you one day again, my love.

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