Australian spouse bringing US citizen children

[Michael&Marta 0]

Hi all, my wife and I are just beginning our IR-1 visa journey, and I have a question.

We live in Australia currently, but I am moving back home in July of this year to set up our domicile. I will be filing the I-130 petition once I am there. We are planning for her and our child/ren to come visit around Christmas time, and experience a white Christmas. When she comes to visit, and also once her visa is finally approved, she will be bringing our child (possibly two!) with her. Our child/ren will be dual Australian/US citizens traveling on US passport/s, and she will be an Australian citizen traveling on an Australian Passport, either with ESTA visa (for visit) or her permanent residency visa.

My question is;

Will this cause her any problems when she arrives at her POE? Will they find it odd that an alien is bringing a US citizen child or two into the US, even though she is their mother and will have all necessary documents to prove that?

I have been scouring the internet and this site for info on this topic, but have found nothing helpful. She will be traveling with a toddler and possibly and infant, and I don't want her to encounter any more stress or surprises than necessary.

Thanks in advance for any info or help.

Michael & Marta

[NikLR 13,227]

The only thing I would suggest is to send her a notarized travel consent form. We use these in Canada quite a bit, I'm unsure about other places. Basically it states she is legally allowed to travel with the children and has your full knowledge of where she is going and what she is doing. You'll want to make sure she has one to go back to Australia as well.

Here's an example from Canada. http://travel.gc.ca/travelling/children/consent-letter

[Michael&Marta 0]

The only thing I would suggest is to send her a notarized travel consent form. We use these in Canada quite a bit, I'm unsure about other places. Basically it states she is legally allowed to travel with the children and has your full knowledge of where she is going and what she is doing. You'll want to make sure she has one to go back to Australia as well.

Here's an example from Canada. http://travel.gc.ca/travelling/children/consent-letter

Thank you so much, NikiR. After checking out your link, I found this on the US Customs and Border Protection website. We will write up a consent letter and get it notorized before travel.

https://help.cbp.gov/app/answers/detail/a_id/1254/kw/adult%20with%20child/sno/1

[VanessaTony 3,567]

In my personal opinion, if you are legally living in Australia right now (resident visa or something), then file the I-130 now. It has been shown that petitions filed with the USC abroad tend to get the NOA2 approval quicker. This will give you a MUCH shorter waiting time (NOA2 approal is taking about 5+ months I believe, add the medical etc to that... it'll take a while).

In regards to her visit, she may have a REALLY hard time proving to CBP that she doesn't have immigrant intent. Her 2 USC children are with her, and she's going to see her USC husband.... she will need to take good proof of Australian ties... or they could just put her on the next plane back to Aus.

If you file the I-130 now, with you in Australia as well then she *might* have her approval by Christmas and all this would be moot. You'll still need to return to reestablish domicile, but as long as you're legally living in Aus at the time of filing, you stand a good change of getting that quicker NOA2... if they're still doing it.

[NikLR 13,227]

Good catch! I agree! Send the I-130 NOW!

[Michael&Marta 0]

From what I've read, Australia doesn't have a uscis presence so I'd have to file with the Chicago lockbox anyway. I can't do a direct consular filing, so I'm not sure that would speed anything up. Of course my wife has ties to Australia, it's her home country and where all of her friends and family are, where she lives, works, attended school, where all her property is and where her two older kids live. I haven't read anything on the uscis or cpb sites about her being sent home for trying to visit.

And I am coming home in July regardless of from where we file,

[NikLR 13,227]

Oh it totally speeds up the process. If you file from Australia you miss the local office queue which is what slows the process down. You'd likely get the i-130 approved in 2 months or less. Especially if you do not have a US address yet (to be determined can be used for a future address.)

To be honest it's up to the CBP officer. It's important for her to bring proof of those ties to Australia when she visits because just saying it, doesn't prove it. A letter from her employer, proof of house ownership or lease, etc... I talked to a CBP officer today who specifically told me I was not supposed to be visiting during paperwork. Since I know I can, I told her that I always say I am visiting my husband and doing paperwork. I also always have brought ties to Canada.

[VanessaTony 3,567]

From what I've read, Australia doesn't have a uscis presence so I'd have to file with the Chicago lockbox anyway. I can't do a direct consular filing, so I'm not sure that would speed anything up. Of course my wife has ties to Australia, it's her home country and where all of her friends and family are, where she lives, works, attended school, where all her property is and where her two older kids live. I haven't read anything on the uscis or cpb sites about her being sent home for trying to visit.

And I am coming home in July regardless of from where we file,

Your "of course" she has ties doesn't mean USCIS will see them as ties. Property can be sold, older kids don't need their parent there, esp if their other parent is also in Aus and they can stay with them. School can be dropped or transferred overseas, she can quit work or transfer to the US. All they'll see is that she has a USC husband (one who, if she's asked, she will have to admit lives in the US) and that she's trying to enter the US with his 2 USC kids.. that's a fair bit of immigrant intent right there. But hey, it's up to you what you do. If you haven't read anything about being sent home you're reading entirely the wrong things. You need to look into "preconceived immigrant intent". Having the VWP does NOT guarantee entry. Many people, on this board too, have been denied entry for preconceived immigrant intent. Read this for instance: http://www.hooyou.com/familybased/exceptions.html which mentions the specific section of law.

Re the I-130, I didn't say DCF, I said an I-130 filed from abroad. Still filed to Chicago, but with the USC's address clearly noted as OVERSEAS, the NOA2 was tending to be approved quicker. I believe it still occurs. Instead of 5+ months for NOA2 it was taking 1-2 months.

Again, up to you what you want to do, but it makes sense to file the I-130 now to get that NOA2 approval quicker and the "white christmas" could be their trip to actually move over.

There are VJ threads about this too.

[Michael&Marta 0]

Again, up to you what you want to do, but it makes sense to file the I-130 now to get that NOA2 approval quicker and the "white christmas" could be their trip to actually move over.

There are VJ threads about this too.

Thanks for your input, but I was not asking for advice on how to speed up the process. We have the plans we have for a reason. I will look into her possible travel difficulties for a visit, and do what we can to mitigate them.

[VanessaTony 3,567]

Thanks for your input, but I was not asking for advice on how to speed up the process. We have the plans we have for a reason. I will look into her possible travel difficulties for a visit, and do what we can to mitigate them.

.... right. You know she has 6 months to enter the US once approved right? She doesn't NEED to move over Christmas. She could also activate the visa on that visit (if she had it by then) and turn back around and still return to Aus for a few months to finish up whatever needs to be done. She would have the GC stamp in her passport and she would be able to return at her leisure (within 12 months though) rather than waiting for immigration to do their thing.

Though if finances are your problem then of course I understand. Same with if you're concerned about reestablishing domicile, though that's not needed before filing the I-130.

I'm just suggesting you actually CONSIDER this option. There are many pros to it.

[stevie b 141]

Thanks for your input, but I was not asking for advice on how to speed up the process. We have the plans we have for a reason. I will look into her possible travel difficulties for a visit, and do what we can to mitigate them.

you wont have an approved 130 by Christmas if you move here and file here.

if you file from abroad you can stall the process for up to a year at nvc and another year at the embassy as long as you stay in touch with them.

so an fast approval lets you dictate the speed.

several petitions here are going on 5-6 months without approval.. nvc and embassy interviews will take another 3 months total or so if all goes well

[NikLR 13,227]

I agree, I'd rather be the one controlling the speed at NVC vs waiting on uscis. You can stall the NVC up to a year for each section (pay a bill, wait almost a year, send it in, wait almost a year, pay a bill. Etc... ) So in reality you can delay several years going at your own pace. But at the uscis stage, you're waiting on them with little to no idea what is happening.

But to each their own. Whatever makes you happy