US minor children & ex husband - Australian mother needs visa

[nievielea 0]

Hello, this is my first visit to this site, so in advance I'd like to thank all those who choose to share their experiences or comment on their dealings with the US Immigration process.

I'm an Australian citizen (49 years) residing in Australia. My US citizen children aged 17 years and 11 years also live in Australia, as does my US born ex-husband. He is planning to relocate back to the US after an extended period of absence (16 years) to spend time with his siblings and ageing parents. My children are also wanting to relocate to the US for the same reasons. My ex-husband is planning to move this year (2013), and we are hoping that we can all move together as we don't want the children to have an extended time away from him.

My question is - which visa should I apply for - it seems the I-130 is a very time consuming option. I'm a Registered Nurse so shouldn't have any problems finding employment, however most working visas are of a short duration, ie 2 years. I will require a permanent residency visa as my daughter will need me to raise her for at least the next 7 years.

Thanks again

[LIFE'SJOURNEY 970]

There is no visa option for you, if you are indeed the ex-wife. Your children and husband are USC, so they will not have any problem, unless your ex USC husband is willing to re-marry you, there is nothing avavilable for you unless you apply for some type of work visa seperately from their process.

Your USC children will be able to petition for you when they are 21 years of age.

Edited February 16, 2013 by LIFE'SJOURNEY

[Penguin_ie 5,992]

You can't get a family visa- the earliest that could happen would be in 4 years time, when your older child turns 21 and can petition for you as her parent, and then it'll take about a year for you to get the visa/ greencard.

For a work visa, you first need to find an employer to petition you, and then their immigration lawyer would handle the paperwork. Most work visas start as short term and then if your employer is pleased with you, they may help you get a greencard after a few years (by which time you could probably get one through your then adult child anyways).

[LIFE'SJOURNEY 970]

You can visit on the VWP, this may help with some of he seperation and adjustment for the children.

[nievielea 0]

You can visit on the VWP, this may help with some of he seperation and adjustment for the children.

Thanks for your assistance - what is the VWP?

[LIFE'SJOURNEY 970]

Visa wavier Program, Look at the US embassy site for US embassy in Australia. Educate your self on how to use this type of visa properly.

[nievielea 0]

Visa wavier Program, Look at the US embassy site for US embassy in Australia. Educate your self on how to use this type of visa properly.

Thanks so much for your advice

[Boiler 44,224]

Are not the children Australian citizens as well.

The 17 year old is either old enough or soon will be to make his own call. The 11 year old would normally requires your permission.

[Cathi 5,639]

There is no visa option for you, if you are indeed the ex-wife. Your children and husband are USC, so they will not have any problem, unless your ex USC husband is willing to re-marry you, there is nothing avavilable for you unless you apply for some type of work visa seperately from their process.

Your USC children will be able to petition for you when they are 21 years of age.

If she were to re-marry her ex that would be fraud. She would be marrying only to obtain a visa.

[Justine+David 218]

I wouldn't hold your breath on getting a work visa for nursing. You can google "nursing visa retrogression" and visit the world forum at allnurses.com

The wait is >5 years at this point since there isn't a current shortage of nurses due to the economy...many new grads are not able to get jobs, let alone foreign nurses.

Unfortunately there isn't really a way for you to get a green card unless you marry a USC, wait for your kids to be able to petition you, spend $500,000-1 million on an investor visa, or get a student visa...you can try contacting a lawyer, but I don't see any other options for you...

I know there are treaties between US and Australia in regards to minor children, so he can't just take the child to the USA without your permission.