IR - 1 Visa Questions ???

[Ozziemate 1]

22 hours 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.  

Do you mean apply for the ESTA / Visa Waiver and travel on it then come back and then submit petition for I-130?

Can you apply for ESTA / Visa Waiver then straight after apply for the I-130 Petition and then enter and travel while the I-130 is in process? Or is considered breaking some process?

[Ozziemate 1]

21 hours ago, JFH said:

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.

 

Thank you.  I didn't want to have to spend an extended period of time away from husband but it looks like we will probably have to as I don't think there is anyway to enter the USA and apply for Green card we did it back in 2009 but I think the rules have changed now.

Yes my child will be able to get USC but we have to apply for it as a Citizen Born Abroad because he was born in Australia and we just have to do it before he turns 18 years old. It's not a problem.

[Ozziemate 1]

22 hours ago, Duke & Marie said:

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 

Thank you for your advice we wondered if this was the case with a lawyer they just take your money. Last time we just applied ourseleves and submitted paperwork. I don't there is anyway to do it faster it's a matter of following the processes but others have said that the lawyer they had was able to get the application processed faster under certain circumstances.

[Ozziemate 1]

22 hours ago, JFH said:

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. 

Yes unfortunately that is what i'm seeing it seems that you just have to go thru the process obviously not ideal and a bit frustrating. Thank you for taking time to answer my questions.

[Ozziemate 1]

14 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!

Thank you for your answers.

 

[Duke & Marie 1,389]

24 minutes ago, Ausmerica said:

Thank you.  

Do you mean apply for the ESTA / Visa Waiver and travel on it then come back and then submit petition for I-130?

Can you apply for ESTA / Visa Waiver then straight after apply for the I-130 Petition and then enter and travel while the I-130 is in process? Or is considered breaking some process?

I meant apply for it (no need to travel) before submitting i130 then you know at the very least you have a valid travel visa for up to 90 days per visit for 2 years whilst the i130 is processing... you can renew it if it expires whilst petition is processing, usually without too much trouble if you have one that’s current.. but doubtful since you were last there on GC.. 

 

the vwp is online for around $30 AUD and you get a response pretty much straight away.. 

 

submit i130 whenever your ready... it shouldn’t affect the vwp application they’re processed by two different departments within DOS. 

Edited January 5, 2020 by Duke & Marie

[Duke & Marie 1,389]

17 minutes ago, Ausmerica said:

Thank you for your advice we wondered if this was the case with a lawyer they just take your money. Last time we just applied ourseleves and submitted paperwork. I don't there is anyway to do it faster it's a matter of following the processes but others have said that the lawyer they had was able to get the application processed faster under certain circumstances.

They may have submitted a request for expedite.... you can do that yourself too no need for a lawyer, but there is specific criteria that applies to it.. 

 

https://www.uscis.gov/forms/how-make-expedite-request 

 

some poeple submit  i130 and a few months later f129 (k3) in the hope it nudges a faster approval of the i130... some trending but seems to have slowed a little.. seems they denie k3 and approve IR petition if it’s been in line a while but no absolute guarantee of it.. 

Edited January 5, 2020 by Duke & Marie

[LilyJ 1,258]

22 minutes ago, Ausmerica said:

we just have to do it before he turns 18 years old

Well preferably you’ll want to do it ASAP because as a US citizen your son will be required to enter the US with a US passport 

[Ozziemate 1]

9 hours ago, Duke & Marie said:

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..

In the case of proving US domicile is it not considered that if you have a current drivers license in that state and your name on utility bills etc....and you intend to return to that state and make it your home and main place of residence and have been filing taxes ? Can prove you have accepted a job and plan to return? Or do you need to have been physically living in the state for a certain amount of time?

[Duke & Marie 1,389]

1 minute ago, LilyJ said:

Well preferably you’ll want to do it ASAP because as a US citizen your son will be required to enter the US with a US passport 

If a dual citizen he can use either passport... if using the Aussie one he just needs the waiver attached... I’ve done it previously with UK when I didn’t realise my UK passport had expired.. I assume America is similar 

[Ozziemate 1]

2 minutes ago, LilyJ said:

Well preferably you’ll want to do it ASAP because as a US citizen your son will be required to enter the US with a US passport 

Yes that is why we want to file all that ASAP and I believe we can visit the US consulate in Sydney and do both at the sametime.

 

[Ozziemate 1]

Just now, Duke & Marie said:

If a dual citizen he can use either passport... if using the Aussie one he just needs the waiver attached... I’ve done it previously with UK when I didn’t realise my UK passport had expired.. I assume America is similar 

From what i read I would need to get him and IR-2 and Green card too if he travels over on an Australian passport.

[Duke & Marie 1,389]

1 minute ago, Ausmerica said:

In the case of proving US domicile is it not considered that if you have a current drivers license in that state and your name on utility bills etc....and you intend to return to that state and make it your home and main place of residence and have been filing taxes ? Can prove you have accepted a job and plan to return? Or do you need to have been physically living in the state for a certain amount of time?

I believe a sponsor must be a resident of the us and have physical presence. as petitioner he’s automatically a sponsor.. but I’m sure others will correct me if I’m mistaken 

[Duke & Marie 1,389]

4 minutes ago, Ausmerica said:

From what i read I would need to get him and IR-2 and Green card too if he travels over on an Australian passport.

Not if only travelling as a tourist, whilst your petition is processing, then he can use his Aussie one.. 

 

But for your immigration, yes, get him his us citizenship and us passport before your petition is approved so he can stay there no worries.. 

 

 

Edited January 5, 2020 by Duke & Marie

[Duke & Marie 1,389]

Looking at requirements for sponsor at NVC stage and domicile.. I think if he was to try stay the whole process in Aus.. domicile could prove difficult when proving his residency here in Aus was only temporary.. I’m assuming you got residentcy for him? Not just work visa etc since you’ve been home for an extended period of time...