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Brian1977RI

American living In Australia to bring family but how?

By Brian1977RI in Bringing Family Members of US Citizens to America

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Chancy Grand Master

Chancy   6,243

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Filed: IR-1/CR-1 Visa Country: Philippines
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13 minutes ago, Brian1977RI said:

Will all 4 of us need it,or just my wife who hopefully will be granted a green card?

 

Health insurance is not required to apply for a visa.

 

After you move to the US, you might want to sign up your whole family for health insurance.

 

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Just Paul
Just Paul

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 yo

Redro
Redro

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

Redro
Redro

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 circumstance

HRQX Veteran

HRQX   4,145

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4 minutes ago, Brian1977RI said:

I thought I read in November 2019 Trump passed a law saying anyone who immigrated to America must already have health insurance, paid for upwards of a year in advance? 

It wasn't a law. It was a Presidential Proclamation that is now revoked: https://travel.state.gov/content/travel/en/us-visas/immigrate/Presidential-Proclamation-on-Health-Care.html

On May 14, 2021, President Biden revoked Presidential Proclamation 9945, Suspension of Entry to Immigrants Who Will Financially Burden the United States Healthcare System.

beloved_dingo Proficient

beloved_dingo   1,982

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Filed: Citizen (apr) Country: Australia
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Posted (edited)
6 minutes ago, Brian1977RI said:

Chancy, thanks for chiming in. I thought I read in November 2019 Trump passed a law saying anyone who immigrated to America must already have health insurance, paid for upwards of a year in advance? 

I believe Biden revoked that. Prior to that, it had been challenged/blocked in court so I am not sure if it was every truly enforceable. 

 

Edit: HRQX beat me to it :) 

Edited by beloved_dingo

K1 to AOS                                                                                  AOS/EAD/AP                                                                    N-400

03/01/2018 - I-129F Mailed                                              06/19/2019 - NOA1 Date                                              01/27/2023 - N-400 Filed Online

03/08/2018 - NOA1 Date                                                    07/11/2019 - Biometrics Appt                                   02/23/2023 - Biometrics Appt
09/14/2018 - NOA2 Date                                                    12/13/2019 - EAD/AP Approved                               04/03/2023 - Interview Scheduled

10/16/2018 - NVC Received                                              12/17/2019 - Interview Scheduled                          05/10/2023 - Interview - APPROVED!

10/21/2018 - Packet 3 Received                                      01/29/2020 - Interview - APPROVED!                  OFFICIALLY A U.S. CITIZEN! 

12/30/2018 - Packet 3 Sent                                               02/04/2020 - Green Card Received! 

01/06/2019 - Packet 4 Received                                     ROC - I-751

01/29/2019 - Interview - APPROVED!                           11/02/2021 - Mailed ROC Packet

02/05/2019 - Visa Received                                             11/04/2021 - NOA1 Date

05/17/2019 - U.S. Arrival                                                     01/19/2022 - Biometrics Waived

05/24/2019 - Married ❤️                                                    02/04/2023 - Transferred to New Office

06/14/2019 - Mailed AOS Packet                                     05/10/2023 - APPROVED!

HRQX Veteran

HRQX   4,145

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45 minutes ago, beloved_dingo said:

Prior to that, it had been challenged/blocked in court

Biden's revocation was still warranted since enforcement was imminent:

Without the revocation it would have been an uphill battle for the Plaintiffs: https://innovationlawlab.org/media/Plaintiffs-Petition-for-Rehearing-En-Banc-01.19.21.pdf

Edited by HRQX
beloved_dingo Proficient

beloved_dingo   1,982

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Filed: Citizen (apr) Country: Australia
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6 minutes ago, HRQX said:

Biden's revocation was still warranted since enforcement was imminent:

Without the revocation it would have been an uphill battle for the Plaintiffs: https://innovationlawlab.org/media/Plaintiffs-Petition-for-Rehearing-En-Banc-01.19.21.pdf

I agree that it was warranted. I was just letting OP know that it had been blocked in court even before Biden's change. 

K1 to AOS                                                                                  AOS/EAD/AP                                                                    N-400

03/01/2018 - I-129F Mailed                                              06/19/2019 - NOA1 Date                                              01/27/2023 - N-400 Filed Online

03/08/2018 - NOA1 Date                                                    07/11/2019 - Biometrics Appt                                   02/23/2023 - Biometrics Appt
09/14/2018 - NOA2 Date                                                    12/13/2019 - EAD/AP Approved                               04/03/2023 - Interview Scheduled

10/16/2018 - NVC Received                                              12/17/2019 - Interview Scheduled                          05/10/2023 - Interview - APPROVED!

10/21/2018 - Packet 3 Received                                      01/29/2020 - Interview - APPROVED!                  OFFICIALLY A U.S. CITIZEN! 

12/30/2018 - Packet 3 Sent                                               02/04/2020 - Green Card Received! 

01/06/2019 - Packet 4 Received                                     ROC - I-751

01/29/2019 - Interview - APPROVED!                           11/02/2021 - Mailed ROC Packet

02/05/2019 - Visa Received                                             11/04/2021 - NOA1 Date

05/17/2019 - U.S. Arrival                                                     01/19/2022 - Biometrics Waived

05/24/2019 - Married ❤️                                                    02/04/2023 - Transferred to New Office

06/14/2019 - Mailed AOS Packet                                     05/10/2023 - APPROVED!

Chancy Grand Master

Chancy   6,243

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
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Posted
11 hours ago, Brian1977RI said:

So now it's just get the kids naturalized as citizens, get the wife to fill out the green card forms and wait?

 

As HRQX said, no need for your kids to naturalize as they are already US citizens.  You just need to prove it to the US consulate through the CRBA process.

 

Also, your wife will not be filling out green card forms.  You (the USC spouse) will need to petition for her by filing form I-130.  After the I-130 petition is approved, your wife will be eligible to apply for an IR1 spouse visa.  After she is granted the visa and enters the US, she will immediately become a US permanent resident (aka. green card holder).

 

Start by learning about the immigrant visa procees flow here -- https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition.html

 

Brian1977RI Contributor

Brian1977RI   0

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Filed: Other Country: Australia
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Posted

Thanks everybody who has chimed in so far,you've all been very helpful. So we have my wife's I-130 form all filled out, now who do we send it to? We are in Australia, do we send it to the consulate here or do we need to send it to the Mainland stateside? 

HRQX Veteran

HRQX   4,145

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1 hour ago, Brian1977RI said:

So we have my wife's I-130 form all filled out,

I-130A spouse supplement is also needed. https://www.uscis.gov/sites/default/files/document/forms/i-130a.pdf

1 hour ago, Brian1977RI said:

We are in Australia, do we send it to the consulate here

If you get a job offer in the US you could try filing the petition at a local consulate: https://www.uscis.gov/policy-manual/volume-6-part-b-chapter-3 "USCIS has delegated authority to DOS to accept and adjudicate a Form I-130 filed by a U.S. citizen petitioner for an immediate relative if the petitioner establishes exceptional circumstances or falls under blanket authorization criteria defined by USCIS."

 

Otherwise, I recommend online filing: https://www.uscis.gov/i-130 it's the blue "File Online" button

ultrasoul Explorer

ultrasoul   51

Posted
Filed: Citizen (apr) Country: Malaysia
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Posted (edited)
On 11/6/2021 at 11:44 PM, Brian1977RI said:

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?

@Brian1977RI Does your wife possess a current and unexpired tourist B1/ B2 visa?

 

  

On 11/15/2021 at 9:45 PM, Brian1977RI said:

Thanks everybody who has chimed in so far,you've all been very helpful. So we have my wife's I-130 form all filled out, now who do we send it to? We are in Australia, do we send it to the consulate here or do we need to send it to the Mainland stateside? 

Also don't waste your time filing a paper I-130. You can file I-130 online- benefit of online filing is you get same day case number generation. Shaves a good week off the processing time as well

Edited by ultrasoul

I-130 JOURNEY FOR 2020 Minor Child of LPR (F2A Online Application, MNL Consular Processing)

07/29/20 Online Filing for I-130, Same day Priority date 
07/31/20 Paper NOA1 mailed by USCIS, received on 08/03/20

07/31/20, 08/15/20, 09/01,20 Expedite Requests denied three times (self-submission and congressman outreach)

09/28/20: I-130 Approved by USCIS, received mailed NOA2 on 10/01/20

10/01/20: NVC electronically receives I-130 petition from USCIS, generates NVC case & invoice number, paid all NVC fees same day

10/05/19: CEAC ready for document uploads

TBD: Waiting for NBI Police Clearance to complete all upload of NVC docs

 

I-130 JOURNEY FOR 2019 Parent of USC (IR-5 Paper Application, MNL Consular Processing)

01/18/19 NOA1 I-130 (Priority Date)

08/02/19 Called USCIS to expedite I-130 after 196 days pending,  emailed expedite evidence 08/06/1,  expedite approved 08/09/19

08/13/19: I-130 Approved by USCIS, USCIS sent petition file to NVC 08/29/19 

09/09/19: NVC receives I-130 petition from USCIS, generates case & invoice number on 10/03/19 (paid all NVC fees same day)

10/07/19: CEAC ready for document uploads (AOS and IV documents uploaded to CEAC same day)

11/25/19: NVC Case Complete, NVC emails interview schedules interview on 12/18/19 for 01/06/20

01/06/20: IR-5 Interview in Manila Philippines embassy (MNL); forgot original signed I-864 resulted in 221G, USEM receives original signed I-864 via 2GO courier on 02/04/20
3/4/20: Immigrant Visa Issued by USEM, 2GO carrier picked up passport from USEM 3/6/20 and delivers to residence on 3/10/20

6/10/20: US POE

6/13/20: SSN card mailed date by SSA, delivered to residence on 6/18/20

7/3/20: LPR Green Card ordered, Production on 7/24/20, Mailed by USCIS on 7/27/20, delivered to residence on 7/29/20

 

I-130/ I-485 JOURNEY FOR 2019 Parent of USC (IR-5 Paper Application)

01/18/19: NOA1 Received I-130 (priority date, was not concurrently filed with I-485 as we were not sure if we were going to CP or AOS)

06/19/19: USPS receives I-485 package to lockbox (priority date); 06/24/19: Credit card charged ,  USCIS mails out NOA1 06/25/19 with receipt numbers (assigned to MSC National Benefits center),  Received NOA1 from USPS (07/02/19:)

07/05/19:  USCIS mailsout biometrics appointment notice with appointment date for 07/24/19, Received biometrics notice letter from USPS 07/11/19
07/12/19: Walk-in biometrics completed

07/18/19: Called USCIS to expedite EAD, Received mailed USCIS instructions on where to fax expedite evidence from USPS 07/26/19 , Faxed requested evidence for EAD expedite  07/27/19
07/31/19: USCIS approves EAD I-765 and Advanced Parole I-131, USCIS mails out combo EAD/ AP card 08/02/19, Received combo EAD/ AP card via USPS Priority Mail 08/07/19

08/08/19: I-485 Case is Ready to Be Scheduled for An Interview
08/26/19: I-130 Approved (NOA2) by USCIS

12/10/19: FO sends out I-485 interview appointment details for 01/28/20 interview date 

02/06/20: I-485 case approved and NOA2 mailed
02/05/20: Green card ordered, Production and mailed 02/10/20, delivered to residence on 02/12/20

Boiler Grand Master

Boiler   45,956

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted
18 minutes ago, Brian1977RI said:

My wife HAD a tourist visa 2 years ago...but what's that have to do with getting her over to America? You cant go to America on a tourist visa then apply for residency can you? 

No you can not

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
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