Which Visa: For U.S. Citizen living abroad w/ wife + 2 step children & 1 on the way

[ElectricBlue30 0]

Hi everyone,

I'm an American Citizen who has been living in Australia for the past 3 years... in fact, I was recently granted residency by the Australian Government.

However, my family and I are considering bringing everyone back to the states.

My wife and I actually got married in Las Vegas (no, not an "Elvis" drive-thru wedding, lol, it was classy!). I now have two step children (her kids from a previous marriage), and we have a baby on the way.

Can anyone recommend what Visa we need to look into to bring our family back to the states, and specifically California?

Below are a summary of the details that would probably be relevant for choosing the Visa, as well as a few questions I have about the process...

• * I am a U.S Citizen
• * I am also an Australian resident
• * I've been living in Australia since 2011
• * My wife and I got married in Las Vegas in 2013
• * I have 2 step children (her kids from a previous marriage)
• * We have 1 child of our own on the way (due in March)
• * We currently live IN Australia
• * Most of our income is in my wife’s name (we run a business in Australia and due to it taking time to get residency I couldn't have my name on the papers essentially)

My questions:

1. * What is the best visa option for us? Are there multiple ones we should compare or is it pretty clear which we need?
2. * Does having lived in Australia the past 3 years have any negative impact on our ability to get a visa?
3. * Does having two step children and a baby on the way have any negative or positive impact on us?
4. * What kind of fees are we looking at for my wife and kids to be able to get a visa to live in America?
5. * What is the timeline we’d be looking at for getting the visas granted?
6. * Is there any way we could have the visas granted, or a temporary visa granted, while we’re waiting for the full visa / residency to be approved? (ie. if we wanted to move to America together sooner than later, could we?)
7. * Would it be important for my wife and kids to get a visa that would lead to full residency?

Thank you so much!

~E

[ElectricBlue30 0]

I should also add the following detail:

* Our business has done about $200,000 in revenue each year for the past couple years, and my wife's 'wage' from our company has been about $80,000.

Thank you,

~E

[NigeriaorBust 4,087]

You need to send in I130 forms for each person that isn't a USC. When the baby is born you will apply for their citizenship assuming you can pass it on. It currently takes about a year to get the actual visa. Check to see if you can file directly there it shortens the process. You will need income that continues after your move to file the affidavit of support. ( you may be able to use assets ) There is no temp visa for them, you can come back to look for work at anytime.

[canadian_wife 1,785]

I'll do my best to answer

1. Cr-1 for spouses. See the 'guides' tab at the top

2. Depending on your income, you'll have to meet the income requirements for a family of 4 (5 if baby arrives before delivery date) - will you have US income?

3. Filing fees are listed on each form's instructions. Plus medicals for each member, travel costs, etc.

4. Not sure from Aus. does it have DCF? If no, probably 10 months

5. No - the K-3 used to do that but it is rarely, if ever, issued anymore - long story, do some research on the K3 if interested

6. The Cr-1 visa is a visa that leads to residency.

Good luck

[jxn 86]

How long before you would be eligible for Australian citizenship? I ask because I'm not sure how easily you can retain residency in that country when living back in the U.S.

Also, if the above question plays into your decision, your wife would be eligible for the ten-year green card upon entry of you applied for the IR-1 visa, which you would do after being married for two years or more. At this point she apply for a CR-1 visa which would give her the two-year conditional green card.

[Transborderwife 4,666]

4. Not sure from Aus. does it have DCF? If no, probably 10 months

Good luck

No, they do not have DCF in Australia

[ElectricBlue30 0]

Thank you to everyone. Canadian_wife - I have some clarification questions for you - however, I hope all those who responded to help will take a look too incase you have other perspectives...

Income Discussion: In regards to the income - does it matter that MY specific income shows that, or can it be 'any' income or money we have access to? Like I said, on paper, I have had '0' income over the last couple years due to the fact I couldn't 'work' in Australia until my residency was approved. However, we have been running a business together and for the past several years have had over $200,000 in revenue, and the 'income' our company paid my wife was over $80,000 each year as well. Also, my parents are very well off with money - would there be any options for us to look at there (borrowing, etc.?)

DCF - I'm under the impression that DCF has been cancelled entirely. I came across a forum post from 2011 (http://yanksdownunder.net/topic/8755200/1/) which stated " I wanted to let anyone who may be filing for a green card (to the US) for their Aussie spouse know that Direct Consular Filing will be ending in Australia after August 14th this year. After that, you will have to go through the US which has always taken longer, but who knows if they will be making changes to speed things up." A link was then shared by someone else to this fact sheet: https://www.democratsabroad.org/sites/default/files/fact%20sheet-5Aug-global.pdf--> and they specifically stated about it: " Just wanted to bump this as it's a bit more of an issue than just delaying the process. Here's the fact sheet. It was written by a political group, but the information in it looks legitimate. There is a conference call today 10 August for ppl who want to have a say."

Do you know if this information is true and if it has been completely dissolved?

I'm still unclear - is it possible that having a baby on the way together would help our situation, since we could put a focus on the fact we want to be closer to my family with the baby?

Thank you!

I'll do my best to answer

1. Cr-1 for spouses. See the 'guides' tab at the top

2. Depending on your income, you'll have to meet the income requirements for a family of 4 (5 if baby arrives before delivery date) - will you have US income?

3. Filing fees are listed on each form's instructions. Plus medicals for each member, travel costs, etc.

4. Not sure from Aus. does it have DCF? If no, probably 10 months

5. No - the K-3 used to do that but it is rarely, if ever, issued anymore - long story, do some research on the K3 if interested

6. The Cr-1 visa is a visa that leads to residency.

Good luck

[ElectricBlue30 0]

Update: I came across the following page that says DCF is available in Australia, but who knows when it was last updated or if it's still relevant? http://www.***removed***/greencard/***removed***/direct-consular-filing.html. Also came across this great Forum thread which I'm getting some answers from: http://www.visajourney.com/forums/topic/357465-usc-petitioner-living-abroad/

[Transborderwife 4,666]

Again, no. They do not unless for emergencies. Read this link http://canberra.usembassy.gov/mobile//i-130.html

[canadian_wife 1,785]

Read the Instructions to the I864, it outline all your questions about income. Most importantly, YOUR, the USC, income must be counted - although you can use assess but at a much larger ratio.

The baby has no relevance on your case. However, as stated earlier, it will impact the household number which is used to calculate your sponsorship requirements. Also, plan on having the baby in Aus and begin looking in to how to get the baby US citizenship if you qualify for derivative status.

Good luck

[ElectricBlue30 0]

Thanks you Canadian_wife - do you have a direct link to the instructions to the I864? I went to the Guides page but don't see anything relating to it.

Thank you!

~E

[NigeriaorBust 4,087]

Assuming your parents are US persons they should be able to act as sponsors for your family. You would be the primary one and they could act a joint sponsor for any non USC in your family ( only your wife ? ) . You would just fill out the I130 and supporting documents per the guidelines and then file it and let the waiting begin.

[ElectricBlue30 0]

Thank you for the feedback NigeriaorBust. I'm curious, did you do that or have you seen others in that case?

[milimelo 4,166]

uscis.gov/I-864

uscis.gov/I-864p for poverty guidelines