American living In Australia to bring family but how?

[Brian1977RI 0]

I'm an American citizen (born in R.I.) and moved to Australia in 2013 and since have been married and have 2 children under 5 . I want to move back and bring my 3 non-American citizen family members with me...how do I do it? So far I've read they have to apply for green cards, but I also have to get health insurance for them. Any help will be appreciated,  also how long does it take for a green card to be approved typically?

[HRQX 4,145]

2 minutes ago, Brian1977RI said:

and bring my 3 non-American citizen family members with me

The 2 children might already be US citizens if you qualified to transmit US citizenship when they were born. How much time did you spend in the US before they were born? https://au.usembassy.gov/u-s-citizen-services/birth/transmit-citizenship/

A U.S. citizen can transmit U.S. citizenship to a to a child born overseas if they meet the conditions laid out under the Immigration and Nationality Act.

 

Sufficient documentation should be submitted which adequately demonstrates that the required periods of time have been met.

[Brian1977RI 0]

My son is going in 5 and has been to the US once,my daughter is 14 months old and has never been to America. I was born and raised in America, moved to Australia when I was 34 and have been here almost 9 years. 

I did not apply to transmit their info when they were born I didnt know that was possible.

Brian

[Just Paul 4,595]

File a CRBA for the children at the consulate.  They will be handled in Australia.  File the I-130 for your wife either online or by mail to the US . . . and wait.  You will need to figure out what you need to do for sponsorship and what you are going to do in the US.

[Brian1977RI 0]

Paul thanks for the reply...as far as sponsorship goes,we would live at my parents house. As far as what I'm going to do in the USA...what do you mean by that? Do you mean employment? I am a welder/fabricator so finding work wont be hard.

Brian

[HRQX 4,145]

6 minutes ago, Brian1977RI said:

As far as what I'm going to do in the USA...

US domicile (or intent to reestablish it) is required later during NVC step for the spouse visa: https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/i-864-affidavit-faqs.html

How can a financial petitioner establish a domicile?

[Redro 4,611]

32 minutes ago, Brian1977RI said:

Paul thanks for the reply...as far as sponsorship goes,we would live at my parents house. As far as what I'm going to do in the USA...what do you mean by that? Do you mean employment? I am a welder/fabricator so finding work wont be hard.

Brian

After the petition is approved. You will have to file an Affidavit of Support for your wife (I-864). You'll need to show you make at least 125% of the poverty level for your family (4 people). You can only use income generated in the States. If you do not make enough money you can either obtain a joint sponsor or use assets to qualify. 

Because you have lived in Australia for 9 years you'll also have to re-establish US domicile. 

https://www.uscis.gov/i-864 (form I-864)

and some threads on re-establishing domicile

https://www.visajourney.com/sitesearch/?cx=partner-pub-3407508467788263%3A9725800110&cof=FORID%3A10&ie=UTF-8&q=re-establish+domicile&sa=Search

 

Edited November 7, 2021 by Kor2USA

[Brian1977RI 0]

Kor2USA thanks for the reply...so the poverty level for a family of 4 is 26,000...so 125% is roughly earn 33,000 per year. Also I would be living in my parents home...soim wondering if I can just say that...that I would be living  there? Also, being an American ,let's just say in the future me and my wife spit ( I pray that doesnt happen) but I couldnt just step right back in and live there? 

[SalishSea 17,693]

1 minute ago, Brian1977RI said:

Kor2USA thanks for the reply...so the poverty level for a family of 4 is 26,000...so 125% is roughly earn 33,000 per year. Also I would be living in my parents home...soim wondering if I can just say that...that I would be living  there? Also, being an American ,let's just say in the future me and my wife spit ( I pray that doesnt happen) but I couldnt just step right back in and live there? 

You can, of course, return to the US at any time without regard to finances.  The sponsorship is only for your non-citizen wife.

[Brian1977RI 0]

Jorgedig thanks for that...yeah I was thinking why would I not be able to just go there and just be a homeless person if I felt like it...I mean the USA is my country of origin,where I was born. Does anyone have any idea the green card takes to be approved?

[Redro 4,611]

1 hour ago, Brian1977RI said:

Jorgedig thanks for that...yeah I was thinking why would I not be able to just go there and just be a homeless person if I felt like it...I mean the USA is my country of origin,where I was born. Does anyone have any idea the green card takes to be approved?

The time depends on the consulate you interview at. But, expect the process to take between 18-24 months. 

Check out the Australia and New Zealand forum on ideas for re-establishing domicile (as this can also be country dependent) and timelines. 

https://www.visajourney.com/forums/forum/146-australia-and-new-zealand/

[Brian1977RI 0]

Are their any visas that can get us over to America sooner? 

[Redro 4,611]

2 minutes ago, Brian1977RI said:

Are their any visas that can get us over to America sooner? 

 

You and your US citizen children can go to the States as soon as you get their American passports.

Unfortunately, your wife's visa will take longer. 

Unless you have exceptional circumstances and you can file in Australia.

https://au.usembassy.gov/visas/immigrant-visas/family-based-immigration/filing-petition-australia-exceptional-circumstances/

 

This is the reality of US immigration. All of us in this forum are going through or have gone through the same long process. 

 

 

 

 

[Chancy 6,240]

On 11/7/2021 at 11:54 AM, Brian1977RI said:

I was born and raised in America, moved to Australia when I was 34

 

Your kids are US citizens since the day they were born.  Apply for CRBA to get their proof of US citizenship.  Do NOT apply for any US visa for them, as they will be denied.  There's another VJ member who unwittingly did so, then after around 2 years of waiting and spending money on fees, was told recently by the consul officer that his kids cannot be issued visas because they are US citizens.

 

Your wife will need a spouse visa.  The process starts with you filing an I-130 petition for her.  Estimate from petition filing to visa on hand is around 1 to 2 years.  The only way you may be able to complete the process faster is if you have exceptional circumstances, like a job offer with short notice of relocation to the US.

 

[Brian1977RI 0]

Can anyone tell me what health insurance I'll be needing for my family? Will all 4 of us need it,or just my wife who hopefully will be granted a green card?