Jump to content
Helena91

Grasping at straws, where do i start?

26 posts in this topic

Recommended Posts

My husband and I met and married in Australia 5 years ago and we've been living down here ever since. He was born in the UK and got his citizenship here in Australia. He sponsored me for Australian citizenship when we got married and we now both have Australian citizenship. I'm desperate to move home to the US, neither of us have any family here and I never initially planned on staying in Australia longer than a year (life happens, amiright?)


So, my question; in order to move home obviously the first step seems to be to file Form I-130, but do we do that in the US or offshore? Do we have a reasonable case for me to sponsor him? Can he apply for an EAD or will he have to wait ages for the right to work? Any information at all would help me greatly.



I just want to go home, but I need my husband. I don't know what to do, please help me I'm desperate.




Thanks in advance.


Share this post


Link to post
Share on other sites

Best bet is to start by reading the guides, focus on Domicile and Financial Sponsorship.

He would be able to work on entry.


“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.”

Share this post


Link to post
Share on other sites

Couples where the USC lives abroad seem to get auto expedited so I say start the process in Australia, but you will have to establish a domicile in the US. You also need either about $60,000 in assets or a joint sponsor to meet the financial terms of the ir-1 visa.


Met online October 2010


Engaged December 31st 2011


heart.gifMarried May 14th 2013 heart.gif



USCIS Stage


September 8th 2014 - Filed I-130 with Nebraska Service Center


September 16th 2014 - NOA1 received


March 2nd 2015 - NOA2 received :dancing:



NVC Stage


March 28th 2015 - Choice of agent complete & AOS fee paid


April 17th 2015 - IV fee paid


May 1st 2015 - Sent in IV application


May 12th 2015 - Sent in AOS and IV documents


May 18th 2015 - Scan Date


June 18th 2015 - Checklist received


June 22nd 2015 - Checklist response sent to NVC


June 25th 2015 - Put for Supervisor Review


Sept 15th 2015 - Request help from Texas US Senator Cornyn and his team


Sept 23rd 2015 - Our case is moved from supervisor review to NVC's team for dealing with Senator requests


Nov 4th 2015 - CASE COMPLETE!!!! :dancing:



Embassy Stage


Dec 16th 2015 - Medical exam


Dec 21st 2015 - Interview


Dec 21st 2015 - 221(g) issued at interview for updated forms


Jan 13th 2016 - Mailed our reply to the 221(g) to the US Embassy, received and CEAC updated the next morning


Jan 20th 2016 - Embassy require more in-depth info on asset for i-864


Feb 1st 2016 - Sent more in-depth info on assets as requested. Received the next morning


Feb 16th 2016 - Visa has been issued :dancing: :dancing: :dancing: :dancing: :dancing:



In the US


April 5th 2016 - POE Newark. No questions asked.


April 14th 2016 - SSN received


May 10th 2016 - First day at my new job :dancing:


May 27th 2016 - Green Card received


June 7th 2016 - Got my Texas driver's license

Share this post


Link to post
Share on other sites

He cannot visit the USA and adjust his status but you can start the visa process from abroad. Please read these guides:

http://www.visajourney.com/content/i130guide1

http://www.visajourney.com/wiki/index.php/EZGuideSpouse


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Share this post


Link to post
Share on other sites

He cannot visit the USA and adjust his status but you can start the visa process from abroad. Please read these guides:

http://www.visajourney.com/content/i130guide1

http://www.visajourney.com/wiki/index.php/EZGuideSpouse

The biggest thing I am having trouble figuring out is, where do I file the I-130? Most resources are telling my I can't file at an embassy unless there's an emergency and that it's best to file onshore. At the same time, I understand that I can't bring him in on a holiday visa with the intention of filing for a resident visa while he's there. So, my biggest question is; where do I need to be and where should he be when I file? Do I need to go back to the states ahead of time, file, and then wait for an approval so he can come join me? I am able to prove domicile and whatnot though bank accounts and other things, and my father will co-sponser him because our Australian income will be irrelevant since we will be leaving our jobs.

So, do I mail to the lockbox in Chicago, or attempt to file at the Australian embassy? I've been living in Australia for 5 years, if that helps.

Sorry, these are the couple of questions I'm still having trouble figuring out even with the guides. So, mainly; where do I file and do I have to leave and go the the state while we wait?

Share this post


Link to post
Share on other sites

You send it to the Chicago lock box as per the I-130 instructions. There is no USCIS office in any consulate or embassy in Australia so you cannot file DCF. (Direct Consular Filing)

Because you have a joint sponsor and some items that you can present for domicile, you do not need to move ahead of time.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Share this post


Link to post
Share on other sites

I have one more question, if anyone is still listening. Once we file the paperwork (and if it gets approved) will we then have a deadline to enter the US? What I mean is, can we file while still saving up moving money and getting other things in order or should we wait to file until we are really ready to move? I realize it takes 8-12 months for approval, just wondering if we should treat that like a deadline or if there's flexibility with making the big move.

Share this post


Link to post
Share on other sites

I'm Australian and we lodged the I-130 at the Chicago lockbox from Sydney in March 2013 and we are still waiting at NVC. I would get started now... you never know how long it could take!!!!!!!

whoops I meant March 2014... Feels like March 2013 however!!!!

March of this year really isn't that long. My Australian one took incredibly long. We just have a few things we need to take care of while we're in Australia, such as; save money and some medical procedures (b/c there's medicare here) but unfortunately, there's waiting lists for national healthcare and things don't happen very quickly.

Share this post


Link to post
Share on other sites

March of this year really isn't that long. My Australian one took incredibly long. We just have a few things we need to take care of while we're in Australia, such as; save money and some medical procedures (b/c there's medicare here) but unfortunately, there's waiting lists for national healthcare and things don't happen very quickly.

We are 14 months in to the process now and not yet at case complete... let alone medical and interview.. I think that's quite a long time!!!! My husband's Australian visa took less than 6 months. I hope we'll be all done within 18 months!

Share this post


Link to post
Share on other sites

For Australia, mine took 25 months. Part way through the process they started sending me letters telling my I hadn't submitted this or that. Things that were not on the application checklist and they said that because they were missing things, it was going to take longer. During this time my medical expired and so I had to fork up the money for another one. It was an extremely frustrating time. I hope to not go through that for the US.

Share this post


Link to post
Share on other sites

My husband recieved his permanent visa for Sweden in 6 weeks. lol. Good luck Helena with the U.S visa. It's pretty lenghty but filing from abroad seem speedier.


Married 2001, conditional resident 2003, permanent resident 2005.Left U.S 2012, abandoned green card 2013.Applied I-130 Nov 2014, approved Dec 2014. DS260 13th Apr 2015. Docs sent 27 Apr. Scan date May 1. Case complete June 4!Interview July 14th, rescheduled to Oct 20th. Approved! <p>I'm the immigrant :)

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×