I-30 with USC Husband and USC minor child?

[CaityJD 0]

Good Morning,

Please don't shoot me down for asking this question, I did use the search feature, so I think I have a grasp on what we need to do, I'd just like reassurance!

My partner (fiance - but we will happily get married, we have just been busy with our child) moved from the US to Australia just before our daughter was born two years ago. His mother is caring for his father (who had a stroke and he is an only child) so we feel like we may need to look at coming back to the US for a little while at least, so he can be the wonderful son he is.

He is a permanent resident here in Australia now, and I am a citizen. I always assumed we would do DCF, but I see that went out last August!

I've gathered that our option is the marriage path, as I would have to fly my family out for a wedding within 90 days of arriving, so it's probably better to do it beforehand.

Our criteria is that we do not want to be separated for months and months (though we can handle anything, I'd just like to take the option that limits separation as he adores our daughter, and she him), other than that, we have a little time to work with. I see that we can file from Australia. I am just wondering which route you would choose? It's only me that needs the visa as our daughter has her passport already - we just spent 6 weeks helping out in MN over Christmas. Can anyone help me make this a little clearer? Is it the I-30 that I want? I'm sorry, I actually did my own AOS 4 years ago so I should know better!

Thank you in advance.

[Roosha 51]

You can stay together in Australia until the process is done. It will take 6 months if you get lucky in the filer abroad queue, 8-10 months if you don't. Your daughter is already a USC with a passport so she doesn't need a visa or anything.

[NikLR 13,231]

Yes, you file the I-130 petition. Read up on the guides on exactly what to send. I would use your Aussie address because then you don't have a local office for the petition to be sent to. It seems to take less time when the petition stays at NBC.

You don't have to be separated but you will need to find a joint sponsor if he doesn't have a US based income that makes 125% of the poverty guidelines. He will also have to eventually show that he will establish domicile for your family in the USA. Different consulates and embassies have different requirements for this so you may want to check in your country's sub-forum for ideas.

[CaityJD 0]

Thank you so much! I couldn't see a way that we wouldn't be separated, but his family could definitely help out with sponsorship. Lovely news! Much appreciated on the replies. I will try to look this all up!

[Mady 13]

Also attach a copy of Your daughter CRBA and us passport ... that will speed the case and file it from abroad as it will automatically be expedited . Good luck ))

[pushbrk 13,038]

Also attach a copy of Your daughter CRBA and us passport ... that will speed the case and file it from abroad as it will automatically be expedited . Good luck ))

Automatic expediting stopped several months ago.

[Mady 13]

Automatic expediting stopped several months ago.

Umm maybe i don't know but what am sure of that filling from abroad (addresses of both petitioner and beneficiary are out side USA) do save a lot of months in the USCIS step .

[Robinhood 13]

Filing from abroad will definitely speedup whole process.

[pushbrk 13,038]

Filing from abroad will definitely speedup whole process.

It did for a little while but then stopped. Can you show me some current evidence to support this claim? I would love to eat crow on this.

[Ms Hogan 295]

It did for a little while but then stopped. Can you show me some current evidence to support this claim? I would love to eat crow on this.

I don't think any crow can be served up on this.

[Roosha 51]

It did for a little while but then stopped. Can you show me some current evidence to support this claim? I would love to eat crow on this.

http://www.visajourney.com/forums/topic/357465-usc-petitioner-living-abroad/page__st__405__p__6064633__fromsearch__1#entry6064633

Probably won't make you eat crow, but the last two pages are people who have filed from abroad and gotten approved in 35-45 days in the last month. Not exactly a guarantee, but worth a try if the USC does live overseas!

[pushbrk 13,038]

http://www.visajourn..._1#entry6064633

Probably won't make you eat crow, but the last two pages are people who have filed from abroad and gotten approved in 35-45 days in the last month. Not exactly a guarantee, but worth a try if the USC does live overseas!

Are you talking about cases filed directly with a Consulate abroad? That's not the situation here.

[Roosha 51]

Are you talking about cases filed directly with a Consulate abroad? That's not the situation here.

No, these are cases where DCF is unavailable. DCF is a whole different timeline, I know. These cases are like mine, USC lives with beneficiary in a country where they can not file directly with the embassy and so must send the petition to Chicago lock box.

[pushbrk 13,038]

No, these are cases where DCF is unavailable. DCF is a whole different timeline, I know. These cases are like mine, USC lives with beneficiary in a country where they can not file directly with the embassy and so must send the petition to Chicago lock box.

Yes, many cases like yours were auto-expedited last year but that stopped last fall. I didn't see anything in the topic you linked, that indicated they started doing that again. Did you have a specific member or members in mind? If so, which members?

Edited April 5, 2013 by pushbrk

[NikLR 13,231]

There are a few. mattei999, Pw3t, qm3tam, ivyanddan, milagrito.