DCF in Australia - unique situation, quick question

[laland 0]

Hi - just a quick question...

I'm a naturalized US Citizen, originally from Australia. I was an Australian resident for the first 25 years of my life but have been a resident of US for the past 8. I still have a current Australian passport (and US one), and so technically fall into the 'dual citizen' category, as Australia recognizes both. Parents, family etc still all in Australia - just wondering - given that I technically still have Australian citizenship/residency options and could technically live there - even though I haven't in a while (visit regularly though) would I be allowed to file an I-130 for an Australian spouse through DCF in Sydney?

Edited May 6, 2011 by laland

[kissjo 2]

Hey,

I think you can do that.. BUT you will have to show to the Australian US embassy that you RESIDE in Australia.. Not just that you have a dual nationality. You have to be a resident of that country for at least 6 months.

I hope it helps. But lets hears what others have to say.

[flanags 0]

Yep need to show that you have 'lived' in Australia at least 6 months before filling DCF. Do you have any mail / bills that still go to your parent's / relatives house ??? I had to show my passport with the last stamp entry into Australia to show that I've been living here, along with a bill with my address in Sydney to allow me to DCF in Sydney.

[Ancal 0]

They will definitely ask for evidence that you have resided in Australia continuously for at least six months.

Where are you located now? Where is your spouse? If your spouse is with you in the USA, he/she can file for Adjustment of Status.