spouse visa 2 years after marriage

[Ivan T. Smith 0]

Hey guys,

I've been wanting to know.

My wife (US citizen) and I (Aussie) were married 2 years ago in the US. Straight afterwards we moved back to Australia to live. She has since obtained her Aus spouse visa.

Now we have decided that we want to move to the US and go to collage. Because we were married in the US does she have to be in the US to file her i-130 petition ? can we apply fo my CR-1 while i'm in the US (on a visa waiver). Aus immigration had a bridging visa for my wife while she was waiting for immigrations decision, does the CR_1 have this allowance or something. We want to avoid waiting another 6-10 months in Aus to move over, and we defianately do not want to spend time apart.

Does the fact that we have lived in Aus and my wifes spouse visa have any influence on the proceedings ?

Thanks heaps

Ivan

Edited May 15, 2010 by Ivan T. Smith

[Penguin_ie 5,985]

There is no bridging visa for the USA.

Has she- the USC- moved to the USA yet, permanently? If not, you should file for the spousal visa via DCF, ie directly with the US embassy in Australia. This way, the visa will take a few weeks only- check the DCF forum here for other Aussie's experiences. If the USC cannot go back to Australia for those few weeks then yes, she can petition for the spousal visa while you are visiting the USA, but you will need to leave after your 90 days on the VWP are up.

[Deb+Steve 13]

Hey Ivan - there are a few Aussies who have gone the DCF route. One was approved just last week. Check out the Aussie chat thread:-

http://www.visajourney.com/forums/topic/183541-land-downunder-aussie-aussie-aussie-oi-oi-oi/

Best of luck ...