Australian Moving To America With American Partner??

[Jamie06 1]

Hey guys so I'm new to this forum and have been reading alot about this stuff over the past few months. At present my partner came to Australia last year on a working visa which is how i met her and the rest is history. She decided to stay here to we had to apply for the Partner Visa here which was roughly $5000. In a year or two time we are looking to move to America either Seattle or somewhere in California however i need to know what sort of things we will have to get organised eg. like what visa we need to apply for considering shes already a US citizen? We may even be married by then, who knows. Any help will be greatly appreciated. Thanks

[canadian_wife 1,822]

Start with the 'guides' tab at the top of the page and begin your research

good luck

[Transborderwife 4,666]

Your best bet would be to be married. The closest thing to a partner visa is the K-1 which she would have to apply for in the USA while you stay in Australia. Or, you marry and your partner petitions you for a cr-1 from the USA while you stay in Australia. Either one is about a year process. Your other option is the HB-1 which would require at least a bachelorS degree

[KayDeeCee 4,893]

~ Moved from K-1 Process to What Visa Do I Need - OP still deciding on immigration path~

[d3adc0d3 186]

Your best bet would be to be married. The closest thing to a partner visa is the K-1 which she would have to apply for in the USA while you stay in Australia. Or, you marry and your partner petitions you for a cr-1 from the USA while you stay in Australia. Either one is about a year process. Your other option is the HB-1 which would require at least a bachelorS degree

Not quite accurate. You can do a direct consular filing (DCF) in most countries allowing you to file at the U.S. Embassy in OZ, contact your local US embassy that processes Immigrant Visas and ask them if they would allow a DCF of an I-130 for a U.S. Citizen.

Source:

http://www.visajourney.com/content/compare

Edited November 10, 2014 by d3adc0d3

[KayDeeCee 4,893]

Not quite accurate. You can do a direct consular filing (DCF) in most countries allowing you to file at the U.S. Embassy in OZ, contact your local US embassy that processes Immigrant Visas and ask them if they would allow a DCF of an I-130 for a U.S. Citizen.

Source:

http://www.visajourney.com/content/compare

Australia does not offer DCF. You actually cannot do DCF in 'most' countries. I believe it is 22 countries. There must be a field office in your country in order to directly apply there. These are the places with field offices > http://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices

[d3adc0d3 186]

Australia does not offer DCF. You actually cannot do DCF in 'most' countries. I believe it is 22 countries. There must be a field office in your country in order to directly apply there. These are the places with field offices > http://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices

You can request to do so at any country with a U.S. embassy according to the link I cited; what is the likelihood of that being approved?

http://www.visajourney.com/content/compare

To Qualify: U.S. consulates will typically only do this for US citizens who are Legal Residents of the country (typically for at least six months) in which the US Consulate sits (overseas). You will be required to show proof. This can be any country with a US Consulate (that the US Citizen is a resident) and need not be the country in which the Non-US Citizen Spouse lives.

Filing Form I-130 Petitions in Exceptional Situations

U.S. Embassies and Consulates may only accept I-130 petition filings from petitioners who believe they have exceptional situations that would merit an exception from filing by mail to the USCIS Chicago Lockbox.

Petitioners who believe that their situation merits an exception may contact the nearest U.S. Embassy or Consulate to request an exception and explain their circumstances in detail. Each request for an exception will be evaluated individually and must be authorized by the USCIS office that is responsible for that specific U.S. embassy or consulate.

USCIS published guidance on circumstances that may qualify as exceptional.

If your request to file an I-130 petition with a U.S. Embassy or Consulate is not authorized by USCIS, then you must file the petition with the USCIS Chicago Lockbox.

Am I misunderstanding this?

In addition, can't the USC still apply for an IR1/CR1 whilst overseas? IIRC they don't have to return to the US.

Edited November 10, 2014 by d3adc0d3

[KayDeeCee 4,893]

You can request to file directly, but you need a good reason as to why they should make an exception for you. Just 'because I want to' is not really a reason to request direct filing somewhere that does not offer it. And yes, you can file the I-130 while living abroad. You just mail it to the Chicago Lockbox like everyone else.

For Australia, the emergency request would have to go through Bangkok.

http://canberra.usembassy.gov/i-130.html

Filing of Immigrant Visa Petitions in Australia

Petitioners residing in Australia must file their Form I-130, Petition for an Alien Relative, with the U.S. Citizenship and Immigration Services (USCIS) lockbox facility in Chicago.

USCIS may authorize the Department of State to adjudicate their case in certain emergency situations:

• A U.S. service member stationed overseas becomes aware of a new deployment or transfer with very little notice.
• A petitioner or beneficiary is facing an urgent medical emergency that requires immediate travel.
• A petitioner or beneficiary is facing an imminent threat to personal safety.
• A beneficiary is within a few months of aging out of eligibility.
• The petitioner and family have traveled for the immigrant visa interview, but the petitioner has naturalized and the family member(s) require a new, stand-alone petition.
• The petitioner adopted a child and there is an imminent need to leave the country.

Petitioners residing in Australia who believe that their situation qualifies as an emergency may request an exception to allow the U.S. Consulate General in Sydney to accept the filing. The petitioner should contact the Consular Section at support-australia@ustraveldocs.com and provide a detailed explanation of why their case merits an exception. The Consular Section will then relay the request to the USCIS field office in Bangkok, Thailand which has jurisdiction over petitions filed in Australia. The USCIS office in Bangkok will determine whether the case warrants an exception to the general filing process. Each request will be evaluated individually.

Edited November 10, 2014 by KayDeeCee

[Jamie06 1]

So sorry guys but I'm a still a bit confused this is something we are trying to gather as much info for at the moment as we are seriously considering the move. Am I able to do DCF from Australia ? I want for us to be able to both be in Australia as we currently are to apply.

[awaywego 28]

DCF is not offered in Australia. You would send your documents to the US for processing (see KayDeeCee's post).

You can, however, continue to both live in Australia during the visa process. A note on that: One issue for couples living abroad is the I-864 Affidavit of Support, specifically domicile and meeting the income requirements.

1) In order to sponsor your spouse's visa application, you will need to show that you have maintained US domicile or have taken steps to reestablish US domicile no later than the date your spouse enters the US. For more information, see the section on domicile in the I-864 instructions (full in PDF and additional on site), this DoS FAQ, and VJ's NVC wiki (example letter with some suggestions of evidence).

2) In order to sponsor your spouse for a visa, you would show that you have continuing income at 125% of the poverty line for your household. This is an issue for many USCs living abroad with their spouses, as they often change jobs when they move. You could look into a joint sponsor or into qualifying on assets. Information on these can be found in the links above or with a search of these forums.

[lost_at_sea 995]

So sorry guys but I'm a still a bit confused this is something we are trying to gather as much info for at the moment as we are seriously considering the move. Am I able to do DCF from Australia ? I want for us to be able to both be in Australia as we currently are to apply.

No DCF.

Get married.

Wife files the I-130 petition, then once approved, you can apply for an IR/CR-1 visa.

Deal with the domicile and sponsorship aspects once you get to the I-864 (part of the visa application). Best thing to do would have your wife look for a job back home, and if you can bear it, have her move ahead of you. Else, make sure she has voting registration, housing lined up, tax returns in order etc. Search the forum for advice on the I-864 for those abroad, totally surmountable.

The process can easily take a year, all told, so get started on it a good while before you plan to come back if you want to avoid seperation.

Edited November 17, 2014 by lost_at_sea