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Questions about staying together while filing

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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.

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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 by Ryan H

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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