I-130, I-485, IR-1? I'm so confused.

[ShawnMarie 0]

Hi there,

I am a US citizen and have been living in Australia for the past 5 years with my Australian husband, we've been married 2 years. We want to immigrate to the USA and have just begun the process. Overwhelmed!

We submitted an I-130 (never received a letter but after a long call to customer support got our receipt number). We are using my parents' address in the US for all communications.

My question is, because we are outside of the US, what do we do next? Do we wait for the I-130 to be approved?? And then what? I-1485 or IR-1? I read I cannot file an I-485 from outside the USA.

I'm just so confused if I should be filing the I-485 now, or if I should be applying for an IR-1 instead? I've been finding conflicting information all over the internet and sort of going nuts.

Any help would be so appreciated. Last time I called customer service I was on hold for 2 hours and the lady on the phone abused me for not speaking quickly enough. So... trying to avoid that.

Thank you in advance.

[Hypnos 6,576]

Follow the guide: http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide1

By filing an I-130 you have applied for an IR-1 visa.

An I-485 is for people already within the US who wish to adjust their status.

[jkelly07 120]

if you have been living in australia and married,see if you can DIRECT CONSULATE FILING,DCF,if so file from there.your married over two years, it's iri visa you get a ten year green card, and no removal of conditions,you file the 1-130 and 1-485 togather if you are here in the united states,

[ShawnMarie 0]

THANK YOU both, this clarified a lot for me. Guess will just wait to hear from them. Thanks again

[dwheels76 5,459]

THANK YOU both, this clarified a lot for me. Guess will just wait to hear from them. Thanks again

Here while you are waiting for your approval you need to read up on the next stage. NVC. Go to this NVC Filers thread read Post #1 and POst #2.

http://www.visajourney.com/forums/topic/406819-nvc-filers-january-2013/

[ShawnMarie 0]

Reading up now -- thank you!

[dwheels76 5,459]

Reading up now -- thank you!

ShawnMarie one thing you will see if you haven't already that there is so much information out there its a wonder we even do it right.

So read up come back ask questions. You'll be fine.

Also special note to you since you are over the 2 year married mark you get a IR1Visa, so you don't have to Remove conditions nothing. 10 year green card when you arrive in US and than citizenship if you want 3 years after u arrive down the road. Not bad. Okay go read.

[Ryan H 3,790]

if you have been living in australia and married,see if you can DIRECT CONSULATE FILING,DCF,

Before coming on here and suggesting DCF, you need to check the list of where international USCIS field offices are located (it's on the USCIS website) and see if one is located in said country. If there is no USCIS field office in said country, then DCF is unavailable.

Australia does not have a USCIS field office so DCF is unavailable there.

[jkelly07 120]

hi RYAN,i just checked the sydney australia embassy,it reads direct consulate filing is current as of 7-22-2008,

[Ryan H 3,790]

hi RYAN,i just checked the sydney australia embassy,it reads direct consulate filing is current as of 7-22-2008,

You are incorrect, both on semantics and DCF availability in Australia. I would like to see a link to the site you reference, since it is 4 years old, its obviously outdated.

First the semantics. The US Embassy in Australia is located in Canberra, not Sydney. The US Diplomatic mission in Sydney is a Consulate.

Now for DCF (non)availability in Australia. If you go to this site: http://canberra.usembassy.gov/immigrant-visas.html and scroll a quarter of the way down, you will find the following passage:

From August 15, 2011, petitioners residing in a country where USCIS has a field office, with a public counter, may choose to file the Form I-130 either through the Chicago lockbox or at the USCIS field office. Petitioners should contact the USCIS field office with any questions regarding the filing of petitions. For more information on where USCIS has overseas field offices and contact information, please Visit: http://www.uscis.gov/international.

The link in what I quoted above shows countries that have a USCIS field office, if a country is not on that list, DCF is not available. Australia is not on that list, no DCF in Australia, end of story.

[Darnell 8,478]

Follow this:

Loto's Wiki Page - http://www.visajourney.com/wiki/index.php/How_to_bring_your_foreign_spouse_to_live_in_the_US

Good Luck !