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Kimmik

So confused! I-130 questions

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Filed: Country: Australia
Timeline

Hi All :) I'm new so I hope I'm posting in the right place. I have read through the guides and spent much time browsing the site and the embassy sites, but there's so much contradictory information around and no one wants to talk on the phone at the Consulate :)

Here's our story:

My husband is a US Citizen by birth. He is also an Australian Citizen. I am an Australian Citizen. We have been married for 12 years this year, and we have 3 children together. We have lived in Australia for the duration of our marriage. We are looking to move to the US permanently in the near future - husband has been applying for jobs over there for a while now and is hopefully on the verge of winning a position.

We are in the process of organising the CRBA and passports for our kids and this should be underway in a couple of weeks when an outreach service comes to our city.

The main question is: What do we do about me? I've read on the Consulate website that visas are available at anytime for a spouse, and it indicates that these circumvent the usual waiting times associated. But then elsewhere it indicates that this is a long drawn out process. It also indicates that it's better to file inside the US, however again it contradicts this by saying that I can't travel to the US unless I'm approved to do so, ie, I shouldn't go on a tourist visa and then try to initiate this process.

Surely given that we have been married for so long, and have a family together, it shouldn't be so difficult for me to be allowed to move to the US with my family?! I just can't seem to find a straight answer that relates to our particular situation.

Hopefully someone here can shed some light for us.

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Study "Direct Consular Filing" or DCF. It will shorten the wait time significantly, though some changes to the program are coming soon. Good luck!


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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If he still reside in Australia, he can file for DCF with the consular/embassy. The process will only take few months.

However if he is in the States now, then he has to apply the I-130 with USCIS. It takes about 5 to 6 months to approve and USCIS will forward the petition to the NVC. Once he submitted all the required documents and fees to NVC, then NVC will send the case to the consular/embassy to setup for an interview. The whole process will take about 9 to 12 months.

For DCF, please refer to this guide,

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

For USCIS, please refer to this guide,

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

Also, it is not easy for a spouse of US citizen to get a visitor visa unless you have strong ties to your country.


USCIS (I-130)
2011-03-12 -- Married
2011-04-15 -- I-130 sent
2011-04-18 -- I-130 NOA1 received in mail
2011-07-18 -- I-130 NOA2 approved
I-130 NOA2 was approved 91 days from NOA1 date
NVC
2011-08-05 -- NVC received
2011-08-29 -- Case entered into system
2011-08-30 -- Case # received; Exchanged emails; IIN # received
2011-08-31 -- DS-3032 sent via email
2011-09-02 -- Received DS-3032 and AOS bill via emails; AOS fee paid online
2011-09-06 -- DS-3032 accepted; AOS status: PAID
2011-09-07 -- AOS mailed; Received IV bill via email; IV fee paid online
2011-09-08 -- IV status: PAID
2011-09-09 -- IV mailed
2011-09-14 -- AOS reviewed
2011-09-15 -- IV RFE via phone
2011-09-16 -- IV RFE via email; IV RFE mailed
2011-09-22 -- Case completed
2011-10-04 -- Interview date assigned
U.S. Consulate
2011-10-11 -- Case received
2011-10-31 -- Medical checkup
2011-11-22 -- Interview; Approved
2011-11-25 -- Visa received
United States
2011-12-04 -- Port of entry: Seattle, Washington
2011-12-29 -- SSN applied
2012-01-04 -- Welcome notice letter received
2012-01-04 -- SSN card received
2012-01-19 -- Conditional green card received

USCIS (I-751)

2013-09-13 -- I-751 sent

2013-09-16 -- I-751 delivered

2013-09-18 -- Check cashed

2013-09-21 -- I-751 NOA1 received in mail

2013-09-27 -- I-797C, Biometrics appointment letter received

2014-01-13 -- Approved via email

2014-01-21 -- Permanent green card received

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Filed: Country: Australia
Timeline

thanks :)

We are both still in Australia. He will not go back to the States without me or the children. So looks like DCF is the way to go for us.

Also, it is not easy for a spouse of US citizen to get a visitor visa unless you have strong ties to your country.

I am not sure what you mean by this? Is that unless he has strong ties to the US, or I have strong ties to Australia?

I would say his ties are very strong with the US. All of his family - parents, siblings, friends, are in the States. He grew up in California and only moved here when we got married. We've been back to visit many times since our marriage. Is that the kind of thing you meant?

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You can travel to visit the US on the Visa Waiver Program, as you know, so the above comment doesn't apply to you at all. That poster was talking about getting a B2 visa, which you don't require. I am sure in 12 years of marriage you have visited his country a few times at least! Good luck on the DCF!


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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