DCF Or?

[malamaja 1]

Hi all. I have a quick question for a friend. I've gone through this process and am now a U.S. citizen but our situation is a little different.

 

She (the U.S. citizen) is living with her husband in Australia (they are both residents there). They have been married for 2.5 years. In a long relationship prior to that (living together in Australia). They have an almost one year old daughter. He is the primary bread-winner, she is a stay-at-home mom. Finances are not an issue (they have savings etc).

 

They have decided to move to the U.S. and they want to do it quickly (ie months). What do they  need to do? Lodge the IR-1 while he's in the U.S. and apply for change of status? If they apply while they are in Australia, they could be waiting for 12 months I assume? That's how long the visa took for us 5 years ago (but we had the time and were in no rush to relocate).

 

Any advice would be very welcome!

 

[Crazy Cat 41,845]

24 minutes ago, malamaja said:

Lodge the IR-1 while he's in the U.S. and apply for change of status?

No.  Entering the US by non-immigrant means with the intent to stay and adjust status is visa fraud.  It can result in severe consequences.  She will have to petition for her husband, then he will interview for an IR-1 visa there in Australia.

The only faster route would be if Direct Consular Filing is available in Australia......

EDIT:  I just read that DCF is not available there........normal IR-1 processing is 12-14 months.

 

Edited April 24, 2018 by missileman

[geowrian 22,337]

DCF is not regularly available in Australia. Barring exceptional circumstances (very rare), you need to file in the US like anybody else. ETA: ~12-14 months.

https://www.uscis.gov/about-us/find-uscis-office/international-immigration-offices

 

Entering on a tourist visa or ESTA with the intent to stay / file for AOS in the US is fraud.