Returning to Australia with Family

[SharynY 2]

hi everyone

ok i moved to the Usa to marry my fiance in 07, we are happily married and have a 7 month old daughter ...

now my question is this ... if we choose to return to australia to live what is the process we have to go thru? for my husband and daughter? i know they both have to get US passports (they dont have one) ....

i was thinking about calling the australia consulate in australia ..... as i know i'd probably get a more informed answer?

thanks in advance.

sharyn

[kaffy 2]

I am assuming your husband and daughter are both US citizens in which case the process to obtain a US passport is fairly simple: http://travel.state.gov/passport/passport_1738.html

Your daughter should also qualify for automatic Australian citizenship (through birth) which would entitle her to an Australian passport (and legal right to stay in Australia): http://www.citizenship.gov.au/applying/cat...-by-descent.htm

Your husband on the other hand will need to apply for an Australian spousal visa. This can be done through the Australian Embassy in Washington DC (the equivalent of DCF basically). Since you will be applying outside of Australia the visa category is a Subclass 309 Temporary spousal visa. Two years after the grant of this visa your husband will be eligible for second stage processing to receive a Subclass 100 Permanent spousal visa (similar to the removal of conditions process in the States).

See http://www.immi.gov.au/migrants/partners/partner/309-100/ and http://www.usa.embassy.gov.au/whwh/Visas_and_Migration.html I don't know how long the 309 process takes here (we did ours through Tokyo and it took 2 months) but if it's anything as quick as the 100 process (which we did through DC and it took them a days processing) it should go fairly quickly

My concern is that if you move permanently away from the US before naturalizing to become a citizen you are at risk of losing your permanent residency and if anything should ever arise in the future that you want to move back to the States, you would have to start the process all over again.. I strongly suggest that you re-consider when you want to move and if possible, delay it until after you have naturalized and received a US passport.

Edited July 15, 2009 by kaffy

[SharynY 2]

thanks kaffy!!!

[SharynY 2]

just one other thing ... i already have my green card which i have to renew next year for 10 years .... so if i were to move now do you think that everything i've done will still have been done for nothing?

also if my daughter is australian citizen by descent, can she still be american citizen also aka dual citizenship?

[kaffy 2]

Yes, your daughter has dual citizenship (Australian + US) through descent.

just one other thing ... i already have my green card which i have to renew next year for 10 years .... so if i were to move now do you think that everything i've done will still have been done for nothing?

Unfortunately, yes.

Maintaining Permanent Residence

You may be found to have abandoned your permanent resident status if you:

- Move to another country intending to live there permanently.

- Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

- Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

source: http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

The only way you can avoid this is if you wait until you have naturalized to become a US citizen, obtained a US passport, and then relocate back to Australia.

[tommys_girl 0]

Yes, your daughter has dual citizenship (Australian + US) through descent.

just one other thing ... i already have my green card which i have to renew next year for 10 years .... so if i were to move now do you think that everything i've done will still have been done for nothing?

Unfortunately, yes.

Maintaining Permanent Residence

You may be found to have abandoned your permanent resident status if you:

- Move to another country intending to live there permanently.

- Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

- Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

source: http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

The only way you can avoid this is if you wait until you have naturalized to become a US citizen, obtained a US passport, and then relocate back to Australia.

when can you apply to become a naturalized US citizen, because my husband and i plan to move back to Australia one day with the hopes of being able to have dual citizenships between the USA and Aus to be able to come and go as we please, is this possible at all?? . at this stage we are about to AOS from my K1 to spouse so i know its a little way off until i can be naturalized?? but how long is it 2 years or longer??

plus he has 2 US citizen daughters (from a previous marriage) and i have 1 Aus citizen daughter(from my previous marriage) how do we take them with us, does my daughter get dual citizen when we apply to be naturalized?

thanks

[kaffy 2]

when can you apply to become a naturalized US citizen, because my husband and i plan to move back to Australia one day with the hopes of being able to have dual citizenships between the USA and Aus to be able to come and go as we please, is this possible at all??

Yes absolutely, this is what my husband and I are doing. I understand it will take both you and I 3 years of residency in the US before we are eligible to naturalize. I am a CR1 holder so they count the date of my POE but you being a K-1 holder I think they might count your AOS approval date but I'm not certain of this

General Eligibility Requirements for U.S. Citizenship

...

Have resided as a permanent resident in the United States for at least 5 years or 3 years if you meet all eligibility requirements to file as a spouse of a U.S. citizen

...

Source: http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

I'm not certain about this but for your daughter I think it may take her 5 years.

[SharynY 2]

ok so if i apply for us citizenship, will i lose my australian citizenship altho i have it thru birth? i was borne in australia

and thankyou for all your information it is greatly appreciated!!!

[kaffy 2]

No, you can be a dual citizen too since both countries allow it

http://www.citizenship.gov.au/applying/dual-citz.htm

http://travel.state.gov/travel/cis_pa_tw/cis/cis_1753.html

[tommys_girl 0]

ok so if i apply for us citizenship, will i lose my australian citizenship altho i have it thru birth? i was borne in australia

and thankyou for all your information it is greatly appreciated!!!

No you wont lose your Australian citizenship, as i i read it on the web the USA & Aus governments allow dual citizenships. as for my daughter she is here on a K2 and she arrived here with me at the same time so hopefully it wont take her 5 years, thanks for the help everyone

[kaffy 2]

It's not when she arrived, it's the fact that she isn't the spouse of a US citizen.. it says that it takes 3 years for spouses but 5 years for everyone else

[kaffy 2]

adding - 5 years is not necessarily a bad thing because by then, you and your husband will be married past the 5 year "limit" and he will automatically be granted a subclass 100 permanent resident visa for australia, he won't need to get the temporary first then 2 years later do second stage processing

edit to add- also found some possibly good news for you in the VJ FAQ page

If you came to the United States on a K2 visa, you can apply for citizenship 5 (five) years after approval of Adjustment of Status, as only spouses of US Citizens are eligible to apply for Naturalization after 3 years. However, if a K2 is very young, it is possible that they may be naturalized along with the parent, if the parent becomes naturalized before the K2 turns 18.

http://www.visajourney.com/faq/k1k2visa-naturalization.html

Edited July 18, 2009 by kaffy

[tommys_girl 0]

adding - 5 years is not necessarily a bad thing because by then, you and your husband will be married past the 5 year "limit" and he will automatically be granted a subclass 100 permanent resident visa for australia, he won't need to get the temporary first then 2 years later do second stage processing

edit to add- also found some possibly good news for you in the VJ FAQ page

If you came to the United States on a K2 visa, you can apply for citizenship 5 (five) years after approval of Adjustment of Status, as only spouses of US Citizens are eligible to apply for Naturalization after 3 years. However, if a K2 is very young, it is possible that they may be naturalized along with the parent, if the parent becomes naturalized before the K2 turns 18.

http://www.visajourney.com/faq/k1k2visa-naturalization.html

Hi Kaffy

Well that helps alot, because at the moment my daughter is only 13, i rread on the link that if the child is still under 18 at the parents naturalizion the child doesnt need to wait the 5 years!! woohooo

thanks again