IR - 1 Visa Questions ???

[Ozziemate 1]

I will apply for the IR-1 visa - Spouse Visa. Married for 13 years to US Citizen. We have 1 Child who could be approved for US Citizenship / US Passport. I have previously held a Green Card but relinquished it due to moving back to Australia for an extended period. My question is I just reapply again using the IR -1 and this gets approved and allows me to enter the USA then a Green Card is issued shortly after arrival in the USA if I've read and understood correctly?

 

I believe the average timeline for approval is 10 months or more?

 

Do you have to apply outside the USA? Is there a way to enter the USA and apply for the Green Card?

My other question is if I apply for the I-130 (Green Card) and while the application is processing can I travel to the USA to visit on a tourist visa or is it better to not try to do so?

Has anyone had a similar experience?

[Duke & Marie 1,389]

17 minutes ago, Ausmerica said:

I will apply for the IR-1 visa - Spouse Visa. Married for 13 years to US Citizen. We have 1 Child who could be approved for US Citizenship / US Passport. I have previously held a Green Card but relinquished it due to moving back to Australia for an extended period. My question is I just reapply again using the IR -1 and this gets approved and allows me to enter the USA then a Green Card is issued shortly after arrival in the USA if I've read and understood correctly?

 

I believe the average timeline for approval is 10 months or more?

 

Do you have to apply outside the USA? Is there a way to enter the USA and apply for the Green Card?

My other question is if I apply for the I-130 (Green Card) and while the application is processing can I travel to the USA to visit on a tourist visa or is it better to not try to do so?

Has anyone had a similar experience?

Unfortunately your starting the process all over again, from Australia... it’s fraudulent to enter on any visa that is none immigration (tourist) with intent to adjust.. and you risk being banned if found out.

 

steps

 

1) file i130 petition - 12 months ish 

2) submit AOS & Civils NVC - 4 months ish

3) Sydney consulate interview 2-3 months ish 

4) green card issued 2 wks ish after arrival in country

 

we’re at 14 mths so far and expect another 3 at least.. 

 

apply for your ESTA / Visa Waiver before submitting petition and you can travel freely while it’s being processed.

 

good luck 

Edited January 4, 2020 by Duke & Marie

[Ozziemate 1]

37 minutes ago, Duke & Marie said:

Unfortunately your starting the process all over again, from Australia... it’s fraudulent to enter on any visa that is none immigration (tourist) with intent to adjust.. and you risk being banned if found out.

 

steps

 

1) file i130 petition - 12 months ish 

2) submit AOS & Civils NVC - 4 months ish

3) Sydney consulate interview 2-3 months ish 

4) green card issued 2 wks ish after arrival in country

 

we’re at 14 mths so far and expect another 3 at least.. 

 

apply for your ESTA / Visa Waiver before submitting petition and you can travel freely while it’s being processed.

 

good luck 

Thank you so much this is what I was kind of expecting - the ESTA is only 90 days can we do a B1 / B2 visa for the 6 month period ? 

 

[Duke & Marie 1,389]

18 minutes ago, Ausmerica said:

Thank you so much this is what I was kind of expecting - the ESTA is only 90 days can we do a B1 / B2 visa for the 6 month period ? 

 

You can, but they’ll wonder why your seeking it given we get waivers... and you could end up getting neither. b2/Waiver because of it... their concern is AOS and or over stay after you enter as a tourist and like previously mentioned that’s considered as visa fraud.. 

 

your problem with B2 is proving your intention to return to Australia after such a period of time in the US (due to your connections with the US, Husband) which is really tricky with a pending immigration petition that clearly shows your desire to leave Australia to be with him. And remember if they turn you down for b2 then you can’t get a waiver due to its denial..

 

even with the 90 day waiver, you’ll need to ensure you’ve got plenty of ties to Aus when visiting the US or they could turn you away at POE when visiting.. so you need to keep the marital home, employment, schools for kids  etc and carry evidence to present to boarder control when travelling to America.. unfortunately your no longer the usual standard tourist, your one that will be visiting husband and child’s father and will be considered high risk when entering.. 

Edited January 4, 2020 by Duke & Marie

[Ozziemate 1]

8 minutes ago, Duke & Marie said:

You can, but they’ll wonder why your seeking it given we get waivers... and you could end up getting neither. b2/Waiver because of it... their concern is AOS and or over stay after you enter as a tourist and like previously mentioned that’s considered as visa fraud.. 

 

your problem with B2 is proving your intention to return to Australia after such a period of time in the US (due to your connections with the US, Husband) which is really tricky with a pending immigration petition that clearly shows your desire to leave Australia to be with him. And remember if they turn you down for b2 then you can’t get a waiver due to its denial..

 

even with the 90 day waiver, you’ll need to ensure you’ve got plenty of ties to Aus when visiting the US or they could turn you away at POE when visiting.. so you need to keep the marital home, employment, schools for kids  etc and carry evidence to present to boarder control when travelling to America.. unfortunately your no longer the usual standard tourist, your one that wants to live there and will be considered high risk when entering.. 

Okay yes this makes so much sense how you have explained it. Just have to accept the process and be away from my husband for long time it's not a good situation they need to fix it for people married so long that they should not be away from family.  I think we need advice from immigration lawyer for our case. Thank you so much for your help and advice.

[JFH 12,189]

28 minutes ago, Ausmerica said:

Thank you so much this is what I was kind of expecting - the ESTA is only 90 days can we do a B1 / B2 visa for the 6 month period ? 

 

You could but people from VWP countries are very rarely approved for B-2 visas. Why do you need longer than 90 days? The rest of us manage just fine with that. What work

do you do that allows you to be away from your workplace for so long and still keep all your bills etc paid?

 

By the way, your child is either a USC or he isn’t. It’s not something that requires approval. Either the USC parent was able to transfer citizenship or they weren’t. It’s a “yes or no” situation.

 

Edited January 4, 2020 by JFH

[Duke & Marie 1,389]

Just now, Ausmerica said:

Okay yes this makes so much sense how you have explained it. Just have to accept the process and be away from my husband for long time it's not a good situation they need to fix it for people married so long that they should not be away from family.  I think we need advice from immigration lawyer for our case. Thank you so much for your help and advice.

A lawyer will not be able do anything other than take your money unfortunately... it is what it is, feel free to ask others, the response will be very similar.

 

good luck 

[JFH 12,189]

2 minutes ago, Ausmerica said:

Okay yes this makes so much sense how you have explained it. Just have to accept the process and be away from my husband for long time it's not a good situation they need to fix it for people married so long that they should not be away from family.  I think we need advice from immigration lawyer for our case. Thank you so much for your help and advice.

Unlikely you need a lawyer although it’s your money to spend how you wish. Your situation is not at all complex or unusual. There are thousands going through exactly the same. Not one of us enjoys or enjoyed the separation but we all survived. And not one of us loves our spouse any less than you. The length of marriage has no influence on the processing time. You wait in the same line as people who married last week, and those who have been married 40 years. 

[carmel34 3,605]

7 hours ago, Ausmerica said:

Just have to accept the process and be away from my husband for long time it's not a good situation they need to fix it for people married so long that they should not be away from family.

Other married couples have handled this type of situation by filing the I-130 petition while still living together abroad, then the USC spouse moves back to the US six months or so before the visa interview to establish a US domicile and start earning US-based income to be able to sponsor the spouse financially.  Still a period of 6 months or so apart but that's better than a year or more.  So if your husband can stay in Australia for now, file the I-130 petition for you, then leave for the US in six months or longer depending on the USCIS processing center your petition goes to and the estimated approval date, that would at least reduce the time spent living apart.  And if you can't enter the US to visit him during the shorter time apart because of intent to immigrate concerns at POE or in a tourist visa application, he can always go to Australia to visit you periodically if possible.  You should be able to get a US passport for your USC child through the US embassy in Australia.  Good luck!

[LilyJ 1,258]

No you cannot go to the US and adjust status, that’s fraud. However your husband is allowed to stay with you in your country during the process (assuming he has legal residency to do so) as long as he is able to move back to the US and establish & prove US domicile (as well as get a job with qualifying income to sponsor you, unless you want to get a joint sponsor instead) in time for NVC and the interview. No one likes to be away from their spouses for any amount of time. But most of us have no choice. It’s part of the process and there’s nothing to do about it than just be glad that one day the process will be over. Average time frame is about 12-18 months, depending on service center. It could be 7-12 months before USCIS approves the petition and NVC stage is even reached so you have all that time out of the process for your husband to stay with you 

Edited January 4, 2020 by LilyJ

[Amadia 711]

Depending on your situation, you can look at DCF. Here's a post from a VJ member who did this in Australia and the certain criteria needed to file DCF:

 

 

[SalishSea 17,663]

10 hours ago, Ausmerica said:

I think we need advice from immigration lawyer for our case.

No lawyer can speed up wait times or processing times.  

[Ontarkie 14,175]

~~Hijack post removed. Please start your own thread if you have questions for your own case.~~

[Hilde 381]

4 hours ago, carmel34 said:

Other married couples have handled this type of situation by filing the I-130 petition while still living together abroad, then the USC spouse moves back to the US six months or so before the visa interview to establish a US domicile and start earning US-based income to be able to sponsor the spouse financially.  Still a period of 6 months or so apart but that's better than a year or more.  So if your husband can stay in Australia for now, file the I-130 petition for you, then leave for the US in six months or longer depending on the USCIS processing center your petition goes to and the estimated approval date, that would at least reduce the time spent living apart.  And if you can't enter the US to visit him during the shorter time apart because of intent to immigrate concerns at POE or in a tourist visa application, he can always go to Australia to visit you periodically if possible.  You should be able to get a US passport for your USC child through the US embassy in Australia.  Good luck!

I'm no expert but could they both stay in Australia and file the I130 from there? Use their assets (provided they have enough) to prove they're financially OK to both move to the USA?

[Duke & Marie 1,389]

28 minutes ago, Hilde said:

I'm no expert but could they both stay in Australia and file the I130 from there? Use their assets (provided they have enough) to prove they're financially OK to both move to the USA?

They can file from Aus, but at some point the husband will need to return to the US for domicile and sponsorship purposes a NVC stage. Hence people mentioning he move 6 mths pre NVC stage.. 

 

the US has zero control over overseas assets.. not sure how that would work unless the assets were sold for cash... This too increases the risk of overstay on tourist visa via less ties to Aus and what if denied..