So confused! I-130 questions

[Kimmik 0]

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.

[Harpa Timsah 13,258]

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

[kamhoe 5]

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.

[Kimmik 0]

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?

[Harpa Timsah 13,258]

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!

[Kimmik 0]

ok, good! thanks