US Immigration from Australia

Hello all - this is a detailed version of our process from filing the i130 petition aboard in Australia to the NVC stage to prearping for the medical the consulate and getting the visa. It has been wild! I honestly didn't think we would ever get to this point.

Filing i130 petition from Australia

My husband (USC) was in Australia for all over 2019 (with no working rights). We decided to file the i130 petition in August, and we submitted in October 2019. We sent our petition via post (online was not an option) to the USCIS Dallas Lockbox facility as my US husband was aboard and 'living' in Australia.

We sent the following documents in (aside form the normal i130/i130a and payment/e-notifcation) - it may be overkill, but we did not want to get a RFE that may delay the processing.

-Marriage Certificate

-Divorce decree

-Child's birth certificate & Consular Report Birth Abroad

-Lease agreement in joint names

-joint Australian bank account statement (27 pages long that shows we actively use the account)

-joint US bank accounts summary (only confirmed we have the accounts, did not show balance or usage)

-victorian ambulance cover for the whole family

-joint water bill

-joint costa membership

-evidence he is my emergency contact at work

-picture of my US spouse military privilege card

-letter that he is the beneficiary of my superannuation (Australian version of 401k).

-my passport that showed I visited my husband

-photos that showed the progression of our relationship (from the Marine Corps Ball, to being engaged, to getting married, our wedding, husband moving to Australia, the birth of a baby, husband meeting all my Australian family etc).

We submitted 14 October 2019 and our PD was 18 October (or 24 October 2019) We had several date changes in the lead up to our i130 approval (as noted in my signature) but we were approved 15 May 2020.

My husband left Australia for 3 reasons: The first, his Australian visa was about to expire. The Australian migration system is a bit more complicated and a lot more expense that the US system. Australia does not have relaxed migration laws, at all. I studied Aus Migration Law, its not easy. The second reason, he needed to get a full-time job in the US for the financial aspect of the process and lastly, to re-establish domicile as trying to prove intent seemed to be more difficult in the long run. It was the biggest sacrifice we have ever made, as he left his then 7 month old daughter behind not knowing when he will see her again.

NVC stage:

We got our case number from NVC 12 hours or something after our petition was approved. We were very surprised.

We uploaded the following civil documents for me (beneficiary) *note: we found submitting in PDF was the best, and we ensured the PDF size was under 2MB*

-Australian birth certificate

-Passport photos (US size)

- Australian Police Certificate - it is the ADF police certificate, not the state police one. I only did a name check. I did not provide fingerprints due to covid19. I had no issues.

- Biographic page of Australian passport

- Marriage certificate

Documents we uploaded for the Affidavit of Support (petition):

-i1864

-x3 IRS tax transcripts for 2019, 2018, 2017

-x3 W2's for those corresponding years, 2018, 2017, 2016.

- employment letter for current income

- all pay stubs received from current income

-SF50 to confirm his full-time employment with the Federal Government

-GI bill confirmation (he is studying Nursing)

- proof of GI payments

We uploaded at different times but we DID not SUBMIT until both of us had uploaded everything! We submitted everything at the same time on 28 May and become documentary qualified 2 June. Again, for some reason this happened really quickly. Note, there was no indication from the NVC that we may or may not need a joint sponsor. We really thought everything, except the medical, would be smooth sailing.

Request to Expedite:

After becoming DQ'd 2 June, the covid19 cases in Australia started to rise, specifically in my home state of Victoria. We thought about it for sometime and June 27 we submitted a request to expedite. We submitted under grounds of emotional hardship on both my husband, and our daughter (both USCs) and that my husband is an essential worker in the healthcare industry. We did not submit ANY support evidence, we only provided a detailed outline of the hardships we, as a family, were facing. We were approved for expedite on 7 July and 15 July the US Consulate Sydney scheduled my interview for 28 July 2020 for 11:10am.

Medical experience and preparation:

This gets personal. If you make any judgey comments, I will block you. I am sharing this part to help someone if they are going through the same thing and are riddled with anxiety. In 2014 I was diagnosed with Bipolar Disorder Type 2. I have a history of self-harm including a suicide attempt in 2012/2013. I have been in hospital on 3 occasions. The first was 2016 and the 2 most recent hospitalisations was 2019 (after the birth of my child) and in April of this year (2020). The hospital admissions were not in regards to self-harming/suicide etc but low mood and anxiety.

I was aware that my mental health history can be a concern, especially are there associated harmful behaviours. I knew that I was not a risk of harm to self or to others presently and in the future, but my history did concern me. I assumed I would be considered 'class b' due to the nature of bipolar disorder. I also knew that my recent hospital admissions may also present as a problem. I am still engaged with my treatment team, so upon confirmation of my interview, I organised a detailed 4-page medical report from my treating psychiatrist; a letter from my GP and a letter from my maternal child health nurse.

All of them included the line: "Zoe is of no risk of harm to self or to others". But detailed my recent hospital admissions and explained why it was required in the context of high stress, traumatic delivery, covid19, solo parenting, studying 2 degrees etc etc.

I also prepared the following to physically take in with me:

- Blood test confirming my serology to the required vaccines

- my baby book also confirming I was vaccinated

-a print out from mygov./medicare of my recent immunisation record (from 2003 - present).

-all my medical reports re: bipolar disorder diagnosis

I went to SonicHealth in the city. I would go there again over the Toorak Village Medical place that also does them. I've read reports about the doctor there and how he has examined peoples genitalia. Dr. Stephanie at SonicHealth was fantastic, and helped ease my anxiety of my mental health history, although, she could not confirm how it would go at the interview but the consulate would have my medical report from my doctors. Cost was $640.

I had the medical on the 20th July and 23 July everything was uploaded to e-medical and ready for the consulate.

Crossing the NSW/VIC Border in Covid Times:

WOW. This was another stressor. I recognise that I am lucky in that I crossed the border before the interpretation of "legal obligation" was narrowed down.

I prepared the following to assist me crossing the border:

- NSW border permit 'legal obligation'

-personal statement, 2 pages, explaining why I am crossing, details of my flight, where I am staying, and covid19 symptom declaration.

-US consulate email confirming interview

-flight itinerary proving intent to return home

-hotel accomodation booking at the Travelodge.

-email to US consulate requesting expedite

-email form US consulate approving expedite

-medical email that stated 'medical is valid for 6 months only'

-US federal code that stated all interviews are to be conducted in person (to help argue I am there under a legal obligation)

-printout from US consulate sydney website that state they are the only facility to conduct immigrant visa interviews

-printout from the US consulate sydney website that state they are only conducting emergency services (to help argue its an emergency legal obligation)

I landed, had my temperature checked and I passed through all 3 NSW Health officials with no problem. The only "issue" was that I had to take a taxi from the airport to the hotel and not public transport. I dressed professionally and had ALL my documents (from the visa interview AND the border crossing) with me.

Interview:

I have to admit, I had a bad feeling but I could not pinpoint as to why I had a bad feeling, I was thinking it was to do with my mental health history. Alas, I was wrong.

I arrived at 830am, I was told to come back 30 minutes prior. So I did. I arrived at 10:40am, and was told to come back 10mins prior. I just waited in the front until I was given the all clear to go in. They made everyone wash their hands before entering. I washed my hands, and then entered the security area of the consulate. I handed all my documents to a lady. She flicked through everything and put all my documents in a clear document protector. I went through security, nothing fancy, I was then directed to the lifts to take me to level 55.

I arrived on level 55. I went through a big heavy door that reminded me of prison (I worked in a prison). I took a number and sat down. My number was called and I supplied all my documents to the Consular Assistant. I scanned my fingerprints too. I sat down and waited while he processed my paperwork. When I was called back, he stated that the Consular Officer may request to see my public charge questionnaire. I think it was this moment I realised that we may need a joint sponsor and that it had something to do with bipolar or the fact my husband didnt work in 2019 and thus, his 2020 tax return was $0.

I sat down with my documents until the Consular Official called my name. I made an oath and then he asked me when we were married and how we met. He asked how many children we have and if she has her US passport, which she does. He asked what I will do for work in the US or if I will stay home. I told him ultimately my goal is to be a lawyer but until then I may work in the legal industry or prison sector.

He then looked at my husbands tax return for 2020 and commented it was $0 because he was in Australia. I confirmed that was accurate and that he left Australia to get work and to re-establidh domicile. He typed away and then said to me "i either have to issue or refuse a visa. I am refusing this visa as I need a joint sponsor. A credible joint sponsor, like a family member who will step in and help if needed". He then gave me the dreaded 221g white slip told me to upload to NVC and then email the consulate.

I am not going to lie, I cried. I cried because the uncertainty of not seeing my husband again became real again. I felt blindsided too that we got the 221g for a joint sponsor.

221g + uploading joint sponsor:

This was going to be hard. Our options for a joint sponsor were limited to my husbands uncle, who is a family over earning $100k as an engineer or his step dad, family of 4 earning $50k. We asked his Uncle, who got legal advice and from that legal advice he's answer to us was a firm "no". His wife, my husband aunt, also stated "I want NO part of this".

Our only option was his step dad and mum. For a household of 5 (4 plus me is 5) the income was $50k. It was not a strong joint sponsor but it was our only hope.

We uploaded our joint sponsor on 31 July and then I emailed the Consulate. We uploaded in the same section where we uploaded my husbands financial documents. We did not add a joint sponsor section.

On 5 August we received an email from the Consulate confirming that had received the required document.

On 7 August the case was put into administrative processing and on 10 August our visa was issued and by 6pm they had posted it!

I received the passport with visa 12 August.

I recognise I am very lucky that our process was relatively quick, especially in covid times. I feel so bad and sorry for everyone who is still waiting for their interview or have had their interviews cancelled. I feel sorry for those stuck in Victoria who cannot go to NSW for their interview because they've changed the interpretation of legal obligation. I really do feel sorry for you and I am here to support you in anyway I can.

I am thankful the visa part of this journey is over. Now I face the battle of packing up my tiny apartment alone with our 14month old and travel to the States in an era where flights are limited!

I hope this has been useful for those doing through this process and are filing abroad, have a mental health issue, trying to cross the NSW/VIC border or who received a 221g for joint sponsor at the interview!

Good Luck to all, and thanks to everyone on VJ who helped me along the way too!

Hey There,

My husband (an American citizen) and I were recently advised by NVC that we had completed all the processes/payments and they would work with the Sydney Consulate to schedule an interview.

Since then we have submitted an expedite request about 7 days ago. Yesterday, NVC sent us an email confirming they had the request and would be reviewing it.

I'm keen to chat with others that have gone through a similar experience to understand:

1. How long it took for the Consulate to approve or deny the request?

2. If approved, how quickly it took for the interview to be scheduled?

Thank you in advance.

Dan

I think that I've put this in the right spot, and I have searched around a little, however didn't find anything specific to my situation.

I am an Australian and I have an ABN (much like an LLC in the USA), as a sole trader (small business) with myself as the only business member. This is for my work as a contractor to the company I am still technically contracted to.

My question is... If the company is still generating an income while I have moved and am immigrating, is that a violation of the 'unable to work till you have an EAD/Green card' situation. I feel its clearly a business in another country, and it's income earned in another country, subject to the tax of that country, and paid into a non US Account...but then it also feels like it might be a grey area just knowing how US immigration and such seems to work. Does anyone have any experience in this?? Owned a business which remained in business after you left that country, earned profits/income during their K-1 process and into AOS, and have any comments?

I'm looking for either way.... If anyone knows definitively... I can't see anything clear online... and I'm fearful to ask USCIS or DOS until I have my visa in hand for fear of it being interpreted as trying to skirt around the rules. I'm definitely trying to find loopholes.... just trying to work out if I need to 'absolve' the company as I leave and enter on the K-1 or if it can remain 'in business'?

To me it's in the same kind of pot as earning interest on stocks/bank accounts, etc.... but then it may not be viewed that way by the people making the decisions?

Cheers.

Good morning,

I am just going through the process now and wondering if I need an I-864A for our application. My fiance started a new job last month that meets the requirements after finishing school but his income has been wonky previously and he was furloughed during COVID so to be safe we are getting my FIL to do a I-864 as well along with the supporting documents. He more than meets the requirements on his income. The issue comes that he files jointly with his wife. I have been looking into it and I can't see one way or the other whether or not she needs to fill in an I-864A? I don't need her income but if it is required I will submit one. If I have to submit what proof do I need to have with the I-864A? Is it the same full load of documents as the sponsor and joint sponsors I-864 or does the I-864A require different documentation?

Thanks!

Hey guys, first of all, completely acknowledge that this is a frequent topic, and I appreciate whatever advice you're able to offer.

I recently applied for an expedite for I-130 based on financial loss through my congressperson and was denied. I am the USC living in Australia with my Australian spouse beneficiary. I'm an actor, and I lost two lucrative jobs here due to COVID. My partner and I both are lucky in that we're receiving unemployment assistance, but that is shortly due to be reduced by the Government to below the national poverty line. The industry in the United States has not been shut down as drastically as it has here, so I have no prospects here but more in the US. (Less relevant, but my spouse is also an actor and started his career in the US on OPT and O-1s. He has an extremely high calibre American manager, so his prospects of work are better in the US as well.)

The response I received was the following: 'Please note that the separation of family members is a common circumstance for cases of this type which generally does not meet the USCIS expedite criteria.' ALSO, 'expedited processing requests based solely on loss of employment or future employment will not be granted.' Perfectly clear why my expedite, as presented, was not accepted.

They've invited me to resubmit, and I'm just curious if anyone has any advice on how to present this more substantively? My spouse and I cannot get jobs here, but we can in the US. Our unemployment benefits are soon to expire. We will soon be under severe financial duress. Our city currently has 5 more weeks of severe stage 4 lockdown with a curfew, so absolutely no job prospects any time soon.