1) I am on H1b 2) Just got married to a US citizen 3)We are moving to Australia soon

[johankar01 0]

My questions are two fold so thanks for your patience in advance.

1. I officially got married to a U.S. citizen in August 2012. I am currently on H1B visa which is valid until September 2015 but I plan to resign from my current position as I've been offered a position in Australia. The catch is our wedding reception in the U.S will be on October 20, 2012. Can I end my employment on October 17 and leave the U.S. on October 26, 2012 for Australia without jeoparadizing my future spouse visa application? My fear is that my employer could ask me to leave after I give my two week notice. In that case, I will be out of status from October 3 till October 26.

2. I held off on filing an adjustment of status petition and a green card application through my american citizen spouse as I will live in Australia at least in the next two years. What is the best course of action to take so that I can return to the U.S. (say in three years)? Spouse visas (IR1 or CR1) seem to be the option but I am confused as to when and where I can/should apply for this visa. Can we file a petition for this visa type in Australia or I will have to go back to my home country? What about my wife? Will she have to be residing in the U.S. at the time when we file a spouse visa application? I hear that once you are married to a U.S. citizen, it is almost impossible to get a tourist visa to return to the U.S. to see friends and family. Is there any truth to this?

Thanks in advance for your answers!

[johankar01 0]

My questions are two fold so thanks for your patience in advance.

1. I officially got married to a U.S. citizen in August 2012. I am currently on H1B visa which is valid until September 2015 but I plan to resign from my current position as I've been offered a position in Australia. The catch is our wedding reception in the U.S will be on October 20, 2012. Can I end my employment on October 17 and leave the U.S. on October 26, 2012 for Australia without jeoparadizing my future spouse visa application? My fear is that my employer could ask me to leave after I give my two week notice. In that case, I will be out of status from October 3 till October 26.

2. I held off on filing an adjustment of status petition and a green card application through my american citizen spouse as I will live in Australia at least in the next two years. What is the best course of action to take so that I can return to the U.S. (say in three years)? Spouse visas (IR1 or CR1) seem to be the option but I am confused as to when and where I can/should apply for this visa and whether I can do DCF in Australia. Can we file a petition for this visa type in Australia or I will have to go back to my home country? What about my wife? Will she have to be residing in the U.S. at the time when we file a spouse visa application? I hear that once you are married to a U.S. citizen, it is almost impossible to get a tourist visa to return to the U.S. to see friends and family. Is there any truth to this?

Thanks in advance for your answers!

[MariahVine 2]

My questions are two fold so thanks for your patience in advance.

1. I officially got married to a U.S. citizen in August 2012. I am currently on H1B visa which is valid until September 2015 but I plan to resign from my current position as I've been offered a position in Australia. The catch is our wedding reception in the U.S will be on October 20, 2012. Can I end my employment on October 17 and leave the U.S. on October 26, 2012 for Australia without jeoparadizing my future spouse visa application? My fear is that my employer could ask me to leave after I give my two week notice. In that case, I will be out of status from October 3 till October 26.

2. I held off on filing an adjustment of status petition and a green card application through my american citizen spouse as I will live in Australia at least in the next two years. What is the best course of action to take so that I can return to the U.S. (say in three years)? Spouse visas (IR1 or CR1) seem to be the option but I am confused as to when and where I can/should apply for this visa. Can we file a petition for this visa type in Australia or I will have to go back to my home country? What about my wife? Will she have to be residing in the U.S. at the time when we file a spouse visa application? I hear that once you are married to a U.S. citizen, it is almost impossible to get a tourist visa to return to the U.S. to see friends and family. Is there any truth to this?

Thanks in advance for your answers!

!

congrats on getting married! i dont have much advice as far as the job situation, but my husband and i are going through the CR-1 spousal visa process for the US. I am the US Citizen, my husband is Australian. We've gone through so much drama and the govt has stuffed us around so much. I filed for the I-130 petition (for an alien relative) from Australia. If your wife is the US citizen, she will have to file for the I-130 in your behalf. She is the petitioner. She doesn't have to file from the USA. Just know that there is a thing called auto expedite for US citizens living overseas with their spouse when they file the I-130... I found this out a few weeks ago. I was very upset to find this out because USCIS lied to me. There are threads on this site that has more info regarding the auto expedite. I wish I knew of this site a year ago..it has lots of helpful info!! But if you are married longer than 2 years by the time you try to get the spousal visa for America, you can get automatic permanent residency, so the IR-1. Hope this info helps. Yes, once you are going through this process overseas you ARE NOT allowed to enter America, even as a tourist, until you have been given the spousal visa.

[Operator 1,927]

My questions are two fold so thanks for your patience in advance.

1. I officially got married to a U.S. citizen in August 2012. I am currently on H1B visa which is valid until September 2015 but I plan to resign from my current position as I've been offered a position in Australia. The catch is our wedding reception in the U.S will be on October 20, 2012. Can I end my employment on October 17 and leave the U.S. on October 26, 2012 for Australia without jeoparadizing my future spouse visa application? My fear is that my employer could ask me to leave after I give my two week notice. In that case, I will be out of status from October 3 till October 26.

2. I held off on filing an adjustment of status petition and a green card application through my american citizen spouse as I will live in Australia at least in the next two years. What is the best course of action to take so that I can return to the U.S. (say in three years)? Spouse visas (IR1 or CR1) seem to be the option but I am confused as to when and where I can/should apply for this visa and whether I can do DCF in Australia. Can we file a petition for this visa type in Australia or I will have to go back to my home country? What about my wife? Will she have to be residing in the U.S. at the time when we file a spouse visa application? I hear that once you are married to a U.S. citizen, it is almost impossible to get a tourist visa to return to the U.S. to see friends and family. Is there any truth to this?

Thanks in advance for your answers!

In regard to your second question look at this post from last week

http://www.visajourney.com/forums/topic/388610-dcf-in-australia/

[johankar01 0]

Hi Mariah,

Thanks so much for taking the time to respond, it is certainly helpful! It sucks that I will not be able to return to the U.S. for holidays!! I will certainly do research on that auto expedite option. Thanks again for providing such valuable information!

Best,

!

congrats on getting married! i dont have much advice as far as the job situation, but my husband and i are going through the CR-1 spousal visa process for the US. I am the US Citizen, my husband is Australian. We've gone through so much drama and the govt has stuffed us around so much. I filed for the I-130 petition (for an alien relative) from Australia. If your wife is the US citizen, she will have to file for the I-130 in your behalf. She is the petitioner. She doesn't have to file from the USA. Just know that there is a thing called auto expedite for US citizens living overseas with their spouse when they file the I-130... I found this out a few weeks ago. I was very upset to find this out because USCIS lied to me. There are threads on this site that has more info regarding the auto expedite. I wish I knew of this site a year ago..it has lots of helpful info!! But if you are married longer than 2 years by the time you try to get the spousal visa for America, you can get automatic permanent residency, so the IR-1. Hope this info helps. Yes, once you are going through this process overseas you ARE NOT allowed to enter America, even as a tourist, until you have been given the spousal visa.

[Harsh_77 718]

There is no auto expedite coz your spouse is living out of US but if your spouse has been a permenant resident in foregin country thand your application can be filed thru DCF process, which is little faster over traditional i-130.

[johankar01 0]

Hi,

Thanks for your response. Maybe I did not make myself clear, my wife will be moving to Australia with me and we will be living there together for at least two years. Does she have to have a permanent residency in Australia to use this auto expedite option?

There is no auto expedite coz your spouse is living out of US but if your spouse has been a permenant resident in foregin country thand your application can be filed thru DCF process, which is little faster over traditional i-130.

[johankar01 0]

Thanks a lot!

[Anh map 2,098]

Hi,

Thanks for your response. Maybe I did not make myself clear, my wife will be moving to Australia with me and we will be living there together for at least two years. Does she have to have a permanent residency in Australia to use this auto expedite option?

There is no defined "auto expedite." Who knows what will be in place in the future. When you are ready to file, do so from OZ and use your address there.

[Operator 1,927]

The out of status or overstay would likely be forgiven as the spouse of a US citizen... if you were to adjust and not leave, but read this first http://www.visajourney.com/content/otheraos

My other thought is that leaving the country while out of status might trigger a ban but I'm not entirely familiar with the requirements of the visa type.

Your wife does not have to reside in the US when she files and if you are legally residing in Australia you will likely be able to interview there.

Study the guides here. You might have to dig a bit but the answers are likely here.

[johankar01 0]

Thanks again! I might have to defer my resignation then