Questions about staying together while filing

[a234 0]

I'm Australian, just wondering what roads there are for staying with my USC partner after we get married.

Currently she has residency here in Australia and we're living here. In the long term, we would like to live between the two countries.

Anyway, we will be getting married here in Australia, but in the medium term we would like to live in the US.

Before she got her Australian residency, it was tough being apart. I'm sure all you guys have experienced it, prolonged months on the other side of the planet.. that's what we hope we don't have to go through again.

After we get married, I'm wondering if there will be any way for me to get US residency/Green Card without us having to separate. I figured perhaps we could travel to the US with me on the Visa Waiver Program as usual. Then we could file for the CR1 visa while over there. At the end of the VWP we could return to Australia, and stay together until the whole process is finished before moving to live in the US.

Another thing I noticed is that you need tax returns for multiple years? My girl doesn't have a tax return, and has never worked a job- after highschool she moved to Australia, where we have been for years now. I'm guessing this problem is simply solved by a USC co-sponsor? And what if you can't get a USC sponsor.. does your USC partner simply have to return home and get a job? Or can the beneficiary's assets/job history be sufficient?

Thanks for reading.

[Amanda and Josh 12]

you can file while you both live here

[Ryan H 3,813]

I figured perhaps we could travel to the US with me on the Visa Waiver Program as usual. Then we could file for the CR1 visa while over there. At the end of the VWP we could return to Australia, and stay together until the whole process is finished before moving to live in the US.

While this is possible, you need to be aware that CBP could deny you entry to the US.

Another thing I noticed is that you need tax returns for multiple years? My girl doesn't have a tax return, and has never worked a job- after highschool she moved to Australia, where we have been for years now. I'm guessing this problem is simply solved by a USC co-sponsor? And what if you can't get a USC sponsor.. does your USC partner simply have to return home and get a job? Or can the beneficiary's assets/job history be sufficient?

Thanks for reading.

Your wife will require a joint sponsor, if she is unable find someone who is willing, then you would not be granted a visa. Your job history will not mean anything to the Consulate. With all of that being said, if your current source of income would continue after you immigrated to the US, then it can be counted. For use of your assets, see part 7 of the I-864 instructions.

Edited March 24, 2012 by Ryan H