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So confused, moving to Australia after AOS

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Hi all, Im sorry if im posting this in the wrong forum but I really need some help and guidance. I am a Pakistani citizen living in Pakistan married to a US citizen living in US. We have applied for the IR-1/CR-1 spouse visa. Currently our I-130 has been approved, case has been received by the NVC on July 17 and we are waiting for our case number to be assigned so we may proceed with the remaining process. The problem is that my husband has gotten a job in Australia and they are willing to sponsor us through the 457 work visa. This whole process(457 visa) will take 2-3 months to complete and we will probably be going to Australia by the time we are done with the NVC part of the process (AOS etc). We plan on staying in Australia for at least 2-3 years. My question is where will this leave our current IR-1/CR-1 visa status? Will it all get cancelled and we will have to reapply for the whole process when we plan on moving back to the US?Is their anyway we can put the process on hold or carry on with the process from Australia? Thank you in advance. :goofy:

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Hi,

A green card is for living in the US. If you are going to Australia by the time you are done at the NVC, then the US Embassy will deny the immigrant visa.

You can not put the process on hold for 2-3 years. You can not continue the process in Australia. You can reapply.

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You can drag the NVC process out for 2-3 years, just need to maintain contact at least once every 12 months I think it is. So don't rush things now.

Enjoy Australia! I came over 5 years ago on a 457 and am getting ready to move back in a couple months.


IR1 Visa

Service Center: CSC

Marriage: 2011/09/24

Baby girl: 2012/12/31

I-130 Sent: 2015/04/08 - USC filing from abroad

NOA 1: 2015/04/10

NOA 2: 2015/05/20 - 40 days!!

NVC Received: 2015/06/05

Case number assigned: 2015/06/17

Submitted DS-261: 2015/07/05

Paid AOS fee: 2015/07/10

Paid IV fee: 2015/07/27

Submitted via email AOS and IV packets: 2015/07/27

Checklist: 2015/08/05 - for DS-260 was having website difficulties and didn't realise they would review our case in 11 days.

Submitted DS-260: 2015/08/07

Supervisor Review: 2015/09/14 - 38 days after submitted DS-260 and still waiting

Checklist/Email from Supervisor?: 2015/09/18 - for missing police certificate, even though we were suppose to submit directly to the Australian consulate. Emailed them as requested stating that info and called stating that info was told to wait another 30 days for them to respond?!?!?!?! :ranting: At least now I'm in direct email communication with a someone.

Case Complete!! - 2015/09/22 - 110 days

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Hi,

A green card is for living in the US. If you are going to Australia by the time you are done at the NVC, then the US Embassy will deny the immigrant visa.

You can not put the process on hold for 2-3 years. You can not continue the process in Australia. You can reapply.

Hi, thanks alot! Can I cancel the whole process so that I don't have a visa denial in my records?

You can drag the NVC process out for 2-3 years, just need to maintain contact at least once every 12 months I think it is. So don't rush things now.

Enjoy Australia! I came over 5 years ago on a 457 and am getting ready to move back in a couple months.

Hi! Thanks alot! Do you have any ideas on how I can drag the whole process out for 2- 3 years? We really dont want to start all over again! Will moving to Australia and in turn my husbands domicile being changed make them deny my US visa?

I have visited Australia twice in the past 2 years and I love it. Me and my husband got married there in fact :joy:

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Hi! Thanks alot! Do you have any ideas on how I can drag the whole process out for 2- 3 years? We really dont want to start all over again! Will moving to Australia and in turn my husbands domicile being changed make them deny my US visa?

I have visited Australia twice in the past 2 years and I love it. Me and my husband got married there in fact :joy:

Hopefully someone that has a better idea can chime in on specifics but from what I've read you just take your time on doing things and don't rush. So wait for the NVC welcome letter, don't bother calling. After you get that letter you have a year to take the first step. And then you can take up to a year between each step.

Domicile isn't an issue. He just needs to maintain ties to the US. Bank accts, credit cards, a house if he owns one. Then it's just a letter to show that he has maintained his domicile in the AOS packet.


IR1 Visa

Service Center: CSC

Marriage: 2011/09/24

Baby girl: 2012/12/31

I-130 Sent: 2015/04/08 - USC filing from abroad

NOA 1: 2015/04/10

NOA 2: 2015/05/20 - 40 days!!

NVC Received: 2015/06/05

Case number assigned: 2015/06/17

Submitted DS-261: 2015/07/05

Paid AOS fee: 2015/07/10

Paid IV fee: 2015/07/27

Submitted via email AOS and IV packets: 2015/07/27

Checklist: 2015/08/05 - for DS-260 was having website difficulties and didn't realise they would review our case in 11 days.

Submitted DS-260: 2015/08/07

Supervisor Review: 2015/09/14 - 38 days after submitted DS-260 and still waiting

Checklist/Email from Supervisor?: 2015/09/18 - for missing police certificate, even though we were suppose to submit directly to the Australian consulate. Emailed them as requested stating that info and called stating that info was told to wait another 30 days for them to respond?!?!?!?! :ranting: At least now I'm in direct email communication with a someone.

Case Complete!! - 2015/09/22 - 110 days

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As I said I've been here 5 years. We're currently in the middle of this process for my Aussie hubby and I see no reason why they will not approve me as I have maintained my ties there and will be moving back at the same time or before he does.


IR1 Visa

Service Center: CSC

Marriage: 2011/09/24

Baby girl: 2012/12/31

I-130 Sent: 2015/04/08 - USC filing from abroad

NOA 1: 2015/04/10

NOA 2: 2015/05/20 - 40 days!!

NVC Received: 2015/06/05

Case number assigned: 2015/06/17

Submitted DS-261: 2015/07/05

Paid AOS fee: 2015/07/10

Paid IV fee: 2015/07/27

Submitted via email AOS and IV packets: 2015/07/27

Checklist: 2015/08/05 - for DS-260 was having website difficulties and didn't realise they would review our case in 11 days.

Submitted DS-260: 2015/08/07

Supervisor Review: 2015/09/14 - 38 days after submitted DS-260 and still waiting

Checklist/Email from Supervisor?: 2015/09/18 - for missing police certificate, even though we were suppose to submit directly to the Australian consulate. Emailed them as requested stating that info and called stating that info was told to wait another 30 days for them to respond?!?!?!?! :ranting: At least now I'm in direct email communication with a someone.

Case Complete!! - 2015/09/22 - 110 days

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As I said I've been here 5 years. We're currently in the middle of this process for my Aussie hubby and I see no reason why they will not approve me as I have maintained my ties there and will be moving back at the same time or before he does.

Ok thanks alot for your input and good luck!!

Does anyone else have any input that may be/have been in a similar situation? I'd really appreciate it!

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Once approved the petition never expires....just don't go interview and let them know you're putting it on hold for now... You can finish the process 10 years from now if you wanted...obviously you'd have to interview and have updated documents at that time.

Edited by Shauneg

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Once approved the petition never expires....just don't go interview and let them know you're putting it on hold for now... You can finish the process 10 years from now if you wanted...obviously you'd have to interview and have updated documents at that time.

no, you cannot simply put it on hold by telling them to put it on hold. Immigration doesn't work that way.



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http://www.visajourney.com/forums/topic/520161-delaying-the-immigration-process-at-what-stage/. This thread explains it pretty well. Basically, after you get NVC welcome letter, wait almost a year and submit DS-261. Wait almost another year and submit AOS fee. Wait almost a year and submit IV and AOS packets and be finished with NVC. Then interview and you could reschedule with the consulate if you still need a couple extra months. You might want to contact NVC at some point (no rush, I do it right before submitting the AOS and IV packets) and look into the possibility of interviewing in Australia or if you'll have to go back to Pakistan.

IR1 Visa

Service Center: CSC

Marriage: 2011/09/24

Baby girl: 2012/12/31

I-130 Sent: 2015/04/08 - USC filing from abroad

NOA 1: 2015/04/10

NOA 2: 2015/05/20 - 40 days!!

NVC Received: 2015/06/05

Case number assigned: 2015/06/17

Submitted DS-261: 2015/07/05

Paid AOS fee: 2015/07/10

Paid IV fee: 2015/07/27

Submitted via email AOS and IV packets: 2015/07/27

Checklist: 2015/08/05 - for DS-260 was having website difficulties and didn't realise they would review our case in 11 days.

Submitted DS-260: 2015/08/07

Supervisor Review: 2015/09/14 - 38 days after submitted DS-260 and still waiting

Checklist/Email from Supervisor?: 2015/09/18 - for missing police certificate, even though we were suppose to submit directly to the Australian consulate. Emailed them as requested stating that info and called stating that info was told to wait another 30 days for them to respond?!?!?!?! :ranting: At least now I'm in direct email communication with a someone.

Case Complete!! - 2015/09/22 - 110 days

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http://www.visajourney.com/forums/topic/520161-delaying-the-immigration-process-at-what-stage/. This thread explains it pretty well. Basically, after you get NVC welcome letter, wait almost a year and submit DS-261. Wait almost another year and submit AOS fee. Wait almost a year and submit IV and AOS packets and be finished with NVC. Then interview and you could reschedule with the consulate if you still need a couple extra months. You might want to contact NVC at some point (no rush, I do it right before submitting the AOS and IV packets) and look into the possibility of interviewing in Australia or if you'll have to go back to Pakistan.

Thank you so so much, I really appreciate it because some of the suggestions were really confusing me! Seems like we'll be doing just like you suggested! :idea: Btw do we have to update our address with USCIS/NVC when we move to Australia? I hope doing that wont jeopardize our visa process.

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Moved from Progress Reports to Process & Procedures.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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Not completing the process does not result in a denial. There would not be a negative note in your file. If your spouse was to file another petition for you and you two were asked about the first you simply tell the truth: we moved to Oz for a few years. Life happens, Nothing to worry about.


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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