Applying for green card from the US

[luvmyaussie 0]

Hi guys. I'm a US citizen who has been living the last 4 years in Australia with my husband, an Australian citizen. We have been married 4 years. The job situation down here is dire. My husband is now unemployed for the 2nd time, and my job will be coming to an end in December. I'm in near panic mode. I don't believe we'll be able to survive down here another year, if we have to apply for his green card and then wait for approval before leaving. Am I able to bring him to the US on a tourist visa and apply for an adjustment of status? I can't very well leave him here to struggle on his own, with very little support, while I go back and try to set things up on my own. If that isn't recommended, is there something else I can do? I've tried to read and understand the US Immi and Dept of State websites, but it is all so confusing. I'm really at the end of my rope. Has anyone done this successfully? I apologize, as I'm sure this question has been asked before. Thank you.

[mallafri76 1,012]

Entering the US under the VWP or a tourist visa with the intent to stay and adjust status is against the law, even though it's forgiven if married to a US citizen. Very strange law... No one here is gonna tell you to do it, even though it obviously happens all the time in real life.

Since you both live abroad, you might be able to do DCF, which is a much faster process than the standard I-130 process with the USC in the US. Even if Australia don't do DCF (don't know if they do or don't), you can still put in a request for it based on you loosing your job at the end of the year. I recently read about someone else on VJ who successfully got DCF approved in a country that normally don't do DCF. Think they were in Spain. You might find their thread if you search for DCF, cause it wasn't that long ago.

Just FYI, Australia participate in the VWP so your husband wouldn't need a tourist visa to enter the US, unless he has some previous issue that prevents him from getting an ESTA.

Good luck on your journey and sorry to hear about your job. I recently lost my job because my new employer found out I was planning on moving to the US, so I know how you feel.

[luvmyaussie 0]

Thank you so much, mallafri76... I appreciate the quick response. Unfortunately, Australia stopped doing DCF, but I will go ahead and contact them anyway and explain my situation.

Best of luck to you! ​I hate to hear you lost your job as well. So stressful.

[aaron2020 11,651]

Hi,

You will also need a Joint Sponsor for the I-864 who can meet the financial requirements to get your husband a green card.

Best of luck