Unsure of which visa and the correct paths to take.

[Ilovedogs 0]

Hello friends,

 

A month ago I was lucky enough to travel to South Dakota from Australia and marry my now husband. We are very happy and are looking forward to starting a future together even though we know this is going to be a lengthy journey to undertake, but all good things are worth the wait. 

I have tried to look up how to start a visa application to immigrate to the US to be closer to my husband and not be on a 3 month esta anymore to visit with him. I would very much like the opportunity to work there and be able to support my family there. Im a medical receptionist which is apparently a good field for South Dakota and Sioux falls region. 

 

So now I am here to ask for solid advice on which visa to apply for as the one I thought I needed (I-130) i have seen a contradicting post saying it is a waste of time and money and to go with a different one instead. 

 

Does anyone have any solid information for me? Id love to get the ball rolling on this even if i have years ahead of me waiting...

 

Thank you all for your time and any information. I am immensely grateful for any help on this matter.

 

Regards, 

 

Twyla.

[Crazy Cat 41,894]

If you are married and you are currently outside the US, then start here:  http://www.visajourney.com/content/i130guide1

[Crazy Cat 41,894]

If you both are currently inside the US, read this:  http://www.visajourney.com/content/i130guide2

[Longingfor 195]

Your only option is to for your spouse to petition for you. See the link @missileman provided. 

[Scandi 4,166]

The i-130 is not a visa, that's the form your husband has to file to petition you (i-130 is for immediate family members, which is also your only option). Once USCIS has approved the petition you're allowed to file for the CR-1 visa via the embassy in AUS. The link provided by the other poster is the guide you need to get started. 

[JFH 12,190]

Is he still incarcerated? Whilst it is not impossible to immigrate with an incarcerated spouse, it does make the process a little more complex.

 

The I-130 is the petition that your husband needs to complete and send to USCIS for you to be eligible for a spousal visa. I don't know who told you it's a "waste of time". I think it was someone who doesn't know what they are talking about because the I-130 is not a visa. So if that person said "I-130 visa" then don't listen to him/her because they are clueless. 

 

In your situation, I would say a spousal visa is your only option. A work visa is unlikely given your skill set (these are granted to people with degrees and a lot of experience in a specialist field). And it's unlikely that you have enough for an investment visa ($500,000 in ready cash). Also spousal visas are very easy to get - there is no limit on the number that can be issued each year (unlike work visas which are numerically limited) and approval is almost guaranteed if you can meet the requirements of a bona fide marriage, no communicable diseases, no previous ban from the USA and a clean criminal record. 

[JFH 12,190]

6 minutes ago, Dee elle said:

Durinh the processing period it is possible for you to visit, though you may not be granted the full 90 days each visit. 

 

Why wouldn't she? VWP entries are for 90 days or nothing. They don't stamp for less than that (unless you are re-entering from Canada, Mexico or a Caribbean island before the date on the original stamp). 

[Ilovedogs 0]

Wonderful! Thank you all for your information, I will get the paperwork printed off and sent away asap. I was rather concerned about the advice i was given and you have all set my mind at ease. Thank you for taking the time to assist me on my journey x

 

 

[JFH 12,190]

11 minutes ago, Dee elle said:

Because CBP always get the final say.  I would rather say “should” than  assume a decision not mine to make 

But VWP participants are always given 90 days. Only B-2 visa holders get an amount decided by the CBP agent. They don't do this for the VWP, even if you tell them you're only coming for a week.

[Boiler 45,541]

2 hours ago, Dee elle said:

Because CBP always get the final say.  I would rather say “should” than  assume a decision not mine to make 

90 days

 

or nothing

 

(assuming adjacent countries not involved)

 

Australia is not that adjacent.

[Boiler 45,541]

I thought the plan was to wait a couple of years until your Husband got out of jail?

 

Is your daughter moving?

[Ilovedogs 0]

We definately were or still might be in some regard. He has a case pending that might let him come home in 3 months on time already served. If the courts take their time or decide he has to wait out the rest of the time then it will be 2 years this year. Hopefully they approve it. If they do then it would be nice if we could go over by the start of next year. 

And yes im hoping to take my daughter. 

 

However long it takes, then im at their mercy. I'm just doing the right things to get it sorted.

 

I dont even really have an idea of how long it takes to process the Petition but im assuming a year and a half before they next step starts.

 

 

Edited December 23, 2017 by Ilovedogs
I forgot to answer that question also