i-130 Move to Australia from the U.K. after submission of I-130

[CamBla 1]

My partner (US Citizen) and I (U.K. Citizen) currently living in the U.K. and are unmarried. Our long term goal is to move to the USA; however, we are considering a move to Australia after filing the I-130 document post marriage. The plan is to marry in the U.K. and then move to Australia in August 2025 and stay for one year, leaving August 2026.

 

Can the I-130 be filed in the U.K. in say, March 2025, and the application continued after emigrating to Australia? Additionally, how long can we wait after the I-130 is approved before starting the I-485 petition? The reason for this would be that we want to have a full year in Australia and are trying to determine a rough timeline. 

[Crazy Cat 41,836]

An I-485 would not be applicable in your scenario.  I-485s apply only to individuals who are adjusting status inside the US.   Yes, an I-130 can be submitted while you are in the UK, then continued after you move to Australia.  If you wish to delay the process later, you can do so at the NVC stage of the spousal visa process.  

Edited February 26 by Crazy Cat

[Lil bear 4,189]

44 minutes ago, CamBla said:

My partner (US Citizen) and I (U.K. Citizen) currently living in the U.K. and are unmarried. Our long term goal is to move to the USA; however, we are considering a move to Australia after filing the I-130 document post marriage. The plan is to marry in the U.K. and then move to Australia in August 2025 and stay for one year, leaving August 2026.

 

Can the I-130 be filed in the U.K. in say, March 2025, and the application continued after emigrating to Australia? Additionally, how long can we wait after the I-130 is approved before starting the I-485 petition? The reason for this would be that we want to have a full year in Australia and are trying to determine a rough timeline. 

On what basis will you be legally in Aust? . You must have residency in order to interview in Aust .. otherwise you would return to the UK for the interview 

[pushbrk 12,877]

1 hour ago, Lil bear said:

On what basis will you be legally in Aust? . You must have residency in order to interview in Aust .. otherwise you would return to the UK for the interview 

 

2 hours ago, CamBla said:

after emigrating to Australia

 

[Lil bear 4,189]

3 minutes ago, pushbrk said:

 

 

Emigrating to Australia isnt a quick action .. So i guess my question still stands open ., what visa type ? Seems a bit strange “emigrating” then leaving the country after 12 months. 

Edited February 26 by Lil bear

[pushbrk 12,877]

4 minutes ago, Lil bear said:

Emigrating to Australia isnt a quick action .. So i guess my question still stands open ., what visa type ? Seems a bit strange “emigrating” then leaving the country after 12 months. 

I don't know the process, but the UK to Australia seems not to be a problem.  If they don't already know the how and how long, they need to look into it, for sure.

 

[Lil bear 4,189]

1 minute ago, pushbrk said:

I don't know the process, but the UK to Australia seems not to be a problem.  If they don't already know the how and how long, they need to look into it, for sure.

 

Exactly 

[CamBla 1]

28 minutes ago, Lil bear said:

Exactly 

Lots of great replies here, thank you. I would be on a working holiday visa (subclass 417) and my partner would be on the Work and Holiday visa (subclass 462) - These visas are very easy and quick for us both to get as we are already in touch with recruiters; we both have in demand job roles. We would aim to spend one year in Australia before moving to the US.

[appleblossom 2,482]

3 hours ago, CamBla said:

The plan is to marry in the U.K. and then move to Australia in August 2025 and stay for one year, leaving August 2026.

 

Just to be clear, you'd be returning to the UK in August 2026 to wait for your visa to be issued? You may find that you end up interviewing and finishing the process in London anyway then if that's the case so spending time in Australia in the interim wouldn't have much of an impact. 

[CamBla 1]

1 minute ago, appleblossom said:

 

Just to be clear, you'd be returning to the UK in August 2026 to wait for your visa to be issued? You may find that you end up interviewing and finishing the process in London anyway then if that's the case so spending time in Australia in the interim wouldn't have much of an impact. 

I would like to stay in Australia for as long as possible, probably via visa extension, until NVC stage is complete and I could join my partner in the US. Do you know if it's an option to undertake the latter stages i.e. the interview in Australia if the I-130 was initially applied to from within the U.K.?

[appleblossom 2,482]

Just now, CamBla said:

I would like to stay in Australia for as long as possible, probably via visa extension, until NVC stage is complete and I could join my partner in the US. Do you know if it's an option to undertake the latter stages i.e. the interview in Australia if the I-130 was initially applied to from within the U.K.?

 

Ah ok. Yes, that would be fine, plenty of people move countries after applying. You may need to rethink your timescale for applying though, and do check the wait times for interviews in Sydney as I know they did have a big backlog (whereas London is very quick). Not sure what it will be like by the time you are at the NVC/interview stage, but it's something to check and try to factor in anyway. 

 

Good luck. 

 

[midsummer 84]

2 minutes ago, CamBla said:

I would like to stay in Australia for as long as possible, probably via visa extension, until NVC stage is complete and I could join my partner in the US. Do you know if it's an option to undertake the latter stages i.e. the interview in Australia if the I-130 was initially applied to from within the U.K.?

 

I think you would be required to return to the UK for your interview. You could inquire locally but I would be surprised if they said you could be interviewed for a U.S. visa you applied for in the UK in a country other than the UK. Be prepared for some additional paperwork i.e. an AFP police check in addition to UK also. Good luck!

[Lil bear 4,189]

27 minutes ago, CamBla said:

I would like to stay in Australia for as long as possible, probably via visa extension, until NVC stage is complete and I could join my partner in the US. Do you know if it's an option to undertake the latter stages i.e. the interview in Australia if the I-130 was initially applied to from within the U.K.?

I thought it  would be  a short term job. This gives you temporary resident status which should qualify you for interviewing in Aust. Email the Sydney consulate once you have your NVC case number. You  might be able to be extend your work visa but it is unlikely that a second tourist visa would be issued for your spouse   Getting the interview moved is possible but may be a timing nightmare   Better to think about making a trip to the  UK for the medical and interview. Then you will have somewhere around 5-6 months before you have to move to the US so you could spend time back in Oz if your visa were still current 

 

Trying to plan complex travel / living /timing while processing an immigration  application is really hard .. the immigration process is very unpredictable timewise 

 

You are going to need to consider how your spouse will meet the US DOMICILE and financial sponsorship requirements too. 

[Redro 4,611]

3 hours ago, CamBla said:

I would like to stay in Australia for as long as possible, probably via visa extension, until NVC stage is complete and I could join my partner in the US. Do you know if it's an option to undertake the latter stages i.e. the interview in Australia if the I-130 was initially applied to from within the U.K.?

I-130 takes about 1 year to approve.

Then you will move to NVC which can take 2-3 weeks to 3 months (more if NVC requests additional documentation).

But, if you want to move the interview from London to Sydney that would extend your time at NVC.

Once documents are accepted you will wait for interview. 

In London, interviews happen about a month or two after DQ...

Sydney... see this post

You might be waiting an additional 5 months... 

So, plan on the process taking 2 years or more. 

Be aware, you can keep the interview location in London and just "pause" the process at the NVC stage. 

One of our members has put his move to the US on pause for various reasons.

The great thing about the CR1/IR1 visa is that you can "slow down" the process if you want...

 

 

[pushbrk 12,877]

4 hours ago, CamBla said:

I would like to stay in Australia for as long as possible, probably via visa extension, until NVC stage is complete and I could join my partner in the US. Do you know if it's an option to undertake the latter stages i.e. the interview in Australia if the I-130 was initially applied to from within the U.K.?

You would need to extend under a status that qualifies.  If your status allows you to work, that's what you need.