CR1 from Australia

[Jonas and Anne 0]

Hi, I'm new to the forum and hoping for some help in our situation!

 

My husband (US citizen) and I (Aussie) recently got married in July this year and have been living in Australia. He has been on a Work and Holiday visa here which runs out in May 2020. We were planning to go ahead and get his permanent residency for Australia (takes 22 months for which he'd have to stay in Australia and about $8000 aud) but recently have felt that we want to move to the states as we will have more support there from his family as a newly married couple. 

 

In looking into the Cr1 visa, I'm seeing the timeline to be around 15- 17 months which worst case takes us to around May 2021. (i've been confused about the timelines, on the USA website it says processing for the i30 varies between 6-11 months. Is that the whole process? Am I missing something?)

My question is do I have to stay in Australia during this processing? I know I'll have to go to Sydney for the interview (we are near Melbourne). We really don't want to be separated and have been trying to figure out the best option. As far as we can see this is what we have come up with:

 

a. he does 3 months farming work somewhere to get the second work and holiday visa which should last us until the green card is approved

b. we simultaneously apply for his permanent residency here at the same time as my green card (we were told by a lawyer that this shouldn't affect either application) but this is very expensive and we wouldn't be able to travel

c. we move somewhere nearby for a time until the visa is approved (possibly New Zealand as they have a work and holiday program and as an Aussie I can work there too) so I can easily fly back for the interview

 

Obviously the last option will not work if I have to remain in Australia. 

If anyone has any insight or experience in this kind of scenario we would be super grateful!

 

Kind regards,

Jonas and Anne

 

 

Edited October 27, 2019 by Jonas and Anne

[Russ&MaryAnn 110]

5 minutes ago, Jonas and Anne said:

(i've been confused about the timelines, on the USA website it says processing for the i30 varies between 6-11 months. Is that the whole process?

I assume you meant USCIS website. That estimate is just their part. After that it goes to the National Visa Center(NVC) and then the embassy stage. So you’re estimate of 15-17 months total is probably realistic for the entire process. 
If he can continue living there and show US domicile he can probably do Direct Consular Filing (DCF). 

[Jonas and Anne 0]

15 minutes ago, Russ&MaryAnn said:

I assume you meant USCIS website. That estimate is just their part. After that it goes to the National Visa Center(NVC) and then the embassy stage. So you’re estimate of 15-17 months total is probably realistic for the entire process. 
If he can continue living there and show US domicile he can probably do Direct Consular Filing (DCF). 

Thank you for clarifying. That makes more sense.

Unfortunately as far as I can tell we don't have DCF in Australia. Any suggestions on how to show US domicile?

Edited October 27, 2019 by Jonas and Anne

[JFH 12,189]

No DCF available in Australia. 

 

You dont have to stay in Australia so if you have a plan to go to New Zealand for some time then that’s fine. Note that you will then likely need a police certificate from New Zealand in addition to your Australian one when you get to the NVC stage.

 

Your husband has to show his intent to re-establish domicile in the USA before your visa can be approved. The easiest way to do this is for him to move back ahead of your interview. You may have to spend a few months apart (at most) but it won’t kill you - most of us have been through worse in terms of being apart. 

 

I assume his tax returns are up to date?

 

His application for residency in Australia won’t affect your application for a CR-1.

Edited October 27, 2019 by JFH