HELP! Living outside the US once approved and maiden name change

[grimmtaylor 0]

Hello Everyone,

I have two questions:

Question 1:

I have a very specific question that I have been unable to get a clear answer on.... My wife and I wed on Dec 12 2014. She is a English citizen who has permanent residency in Australia (where we met) and I am American. We have submitted our I-130 petition which was officially received by USCIS on January 26th 2015. My wife has an amazing job in Australia and only has to remain there for 22 more months before she is eligible for Australian citizenship (which we both would very much like). Ideally we would like to live in Australia until she is awarded citizenship and then move to the States for a to have children. So my question is.... If she is approved through the I-130 process, are we able to leave the United States so she can keep her job, and then return on this approved status a couple years later to have children? or does leaving negate the USA visa process and leave us having to start over once we are ready to come back and have children?

Question 2:

My wife would would very much like to change the legal spelling of her first name, and change her last name to mine. We have lodged the I-130 (which was received by USCIS on Jan 26 2015) with all of her maiden name information. We did this because we wanted to get it in as soon as possible and not wait for her name change paperwork and new passport from England. If we change it now before we do anymore paperwork, will it hurt us at all or slow anything down?

THANK YOU SO MUCH FOR YOUR HELP!!!!!!!

[aaron2020 11,652]

Hi,

Did you file only the I-130? Did you file the I-485?

[Cody and Daisy 374]

As far as my research states an approved I-130 never expires.

So as long as you remain married and both alive you will have an approved petition until you decide to use it.

Edited February 17, 2015 by Cody and Daisy

[Boiler 48,226]

Sounds like you need to move to Australian and then consider moving to the US in a few years.

[Cody and Daisy 374]

Sounds like you need to move to Australian and then consider moving to the US in a few years.

Props to this.

It is two years alway. Why not wait to file?

[grimmtaylor 0]

Thank you for your replies thus far.

Hi,

Did you file only the I-130? Did you file the I-485?

We have only paid for and filed the I-130 thus far.

Boiler, on 16 Feb 2015 - 11:00 PM, said:

Sounds like you need to move to Australian and then consider moving to the US in a few years.

Props to this.

It is two years alway. Why not wait to file?

Thank you for the advice/comments on this - I wish it were that simple. I do feel like this evades the question though (please don't take that as rude or crass). I am happy to to explain where we at on that and why it has led me to ask the initial question. In an ideal world we would love to get all the US paperwork out of the way so we can live in either Australia or the United States whenever we'd like. On a more logistical note...

I would love to jet set over to Australia without a care for a couple years, however the Visa cost is VERY expensive to file and even when your married there is no guarantee they will accept you. We are particular risk of denial due to the following factors:

1. She and I each entered Australia 2.5 years ago on separate Defacto (partner) visas. She had been with her partner for 7 years and was granted permanent residency right away. I had been with my partner for 1 year and 11 months (1 month shy of the permanent residency visa grant) so I was put on a probation Visa. Fortuitously, each of our partners left us about a year after we each arrived and we met after this had happened to each of us. She was allowed to stay and I was kicked out of the country. Which is why we are now separated. After I left we wed months later.
2. To file marriage or defacto without lots of questions being raised in the Australian visa process and prolonging the process and proof needed; you have to prove cohabitation or marriage for a minimum of 12 months. Even though we have dated for awhile, we have only now been married 2 months. We are at risk of denial or forced to wait another 10 months before we can even file.

I unfortunately am not in a financial position to gamble 5k+ without a guarantee - infact all the flying and past visas have put each of us in significant debt. Further more, as amazing as her job is, she does not make enough to support us both and my career field has extremely limited openings. For me to get over there quickly I'd need a company to sponsor me which Australia is cracking down on.

These are some of the reasons why we have started the USA visa.... We know that it is a very long and tedious situation we are trying to work out and we are trying explicitly evaluate all of the minute details of every available option.

I hope that helps you understand why I have asked the questions I have. again THANK YOU ALL SO much for your help. This is the only place we can asking questions without being told "not our department", "the visa office cannot give visa advice", or having to shell out money to lawyer in increments of $100 dollar bills. So happy to have found this site.

Edited February 17, 2015 by grimmtaylor

[Cody and Daisy 374]

Definitely clears up your reasoning as to why you are doing it like this.

I now feel like I can't personally give you advice other than the knowledge that the petition once approved for a spouse should never expire.

Hopefully someone will come along and give you guidance.

I wish you both the best and hope that soon you'll be able to be together.

[N-o-l-a 7,169]

Do you just mean an approved I-130 or an approved CR-1? If you enter the US on the CR-1 and then move back to Australia, you'll have abandoned the greencard and have to start over.

I-130s might not expire, but good luck getting an old one pulled.

Ideally, it would be best to have done the name change before filing the I-130 and then list past names and name change documentation. I believe you can list the new name on the DS-230 from the embassy during that stage.