Trying to get back to my husband in America - need your help!

[cherryswife 3]

Hi there...

My husband and I were married in April 09. Long story short, I am in Australia and he is still in America. We were going to have an attorney file for us but are thinking of doing it ourselves (have been through the process before, tried to change my status from tourist to spouse while I was in the US but my husband's finances were not in order and we were denied, came under the poverty limit, had to leave because of denial). Anyway, the experience I had in filing last time was a little different because I was inside the country.

Just wondering if I can have some advice on the process we will take? This is as I understand it:

He files an I-130

As it reads, if it is approved, I am allowed back, and from there we file the I-485 and 864.

Is this right? I thought the I130, I485 and 864 all had to be approved before I could enter but I think (and hope) that I have that wrong.

I guess what I am asking is if anyone has imported a husband or wife, what the exact process was and a possible timeline. I have searched the forums but am a bit bamboozled by all the information, I would be so appreciative if some people would be so kind as to help me out here.

I miss my husband so much and just want to get back. Thanks in advance!

[Indy90 21]

Hi there...

My husband and I were married in April 09. Long story short, I am in Australia and he is still in America. We were going to have an attorney file for us but are thinking of doing it ourselves (have been through the process before, tried to change my status from tourist to spouse while I was in the US but my husband's finances were not in order and we were denied, came under the poverty limit, had to leave because of denial). Anyway, the experience I had in filing last time was a little different because I was inside the country.

Just wondering if I can have some advice on the process we will take? This is as I understand it:

He files an I-130

As it reads, if it is approved, I am allowed back, and from there we file the I-485 and 864.

Is this right? I thought the I130, I485 and 864 all had to be approved before I could enter but I think (and hope) that I have that wrong.

I guess what I am asking is if anyone has imported a husband or wife, what the exact process was and a possible timeline. I have searched the forums but am a bit bamboozled by all the information, I would be so appreciative if some people would be so kind as to help me out here.

I miss my husband so much and just want to get back. Thanks in advance!

Unfortunately the latter is correct. He will have to file all of the documents before you can move to the US. If you can prove your ties to Australia, you could use the visa waiver program to visit him as a tourist, but they may deny you because of the past history at the POE. Others may have a different opinion about the latter, but you will have to file all of the forms correctly and have an interview in Australia before you can immigrate.

You may be thinking of the K1 which kind of operates like you think, but that is for fiancees only...you are married. While you may regret that you cannot file as a fiancee, you will save quite a bit of money by going the CR1 route and the time difference is not really that great.

Here is the step by step guide of what you have to do.

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

[Bernie C 24]

Unfortunately the latter is correct. He will have to file all of the documents before you can move to the US. If you can prove your ties to Australia, you could use the visa waiver program to visit him as a tourist, but they may deny you because of the past history at the POE. Others may have a different opinion about the latter, but you will have to file all of the forms correctly and have an interview in Australia before you can immigrate.

You may be thinking of the K1 which kind of operates like you think, but that is for fiancees only...you are married. While you may regret that you cannot file as a fiancee, you will save quite a bit of money by going the CR1 route and the time difference is not really that great.

Here is the step by step guide of what you have to do.

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

Yep - CR-1 is the correct route to go - read up on the guide as posted by Indy90 and then post up further questions.

Sorry about your previous situation and Best Wishes on your journey!

[canadian_wife 1,823]

Sorry about your previous denial. Study the guides! Your husband will file the I-130, both of you will complete the G-325A, and send in the supportind documents. When approved by USCIS, you will then complete the DS-230 and the I864 to send to NVC. Then you will apply for the visa at the interview in Australia.

When the visa is approved, you will enter the US and be giving a stamp in your passport and a green card will come in the mail.

No need for the I-485, no need to adjust status.

Good luck

[NArocks 13]

Did you by chance over stay the visa you had when you tried to Adjust here in the US the first time?

[cherryswife 3]

Thanks everyone for your very helpful replies. I am a little confused - I have read the step by step process and I can't see where the CR1 comes in - at what point do I do that?

NARocks - no, I did not overstay.

[NArocks 13]

Your SO will file the I-130, then when that is apporved your case will go to the NVC to be processed in Australia where you will have your interview. The concurrent of the I-130, I-485 and I-864 wold be if you were adjusting from within the US Have a look at this as it will help speed the process at the NVC level LingChe NVC Shortcuts

The timeline will be around 9-12 months