OZ citizen, B1 B2 holder married to US Citizen

[sunnysunstar 1]

Hi I am an Australian Citizen. I have 7 years B1/B2 Visa left. My wife is US citizen by birth and 90% of her family members are in the US. We have been married from last 5 years and have 2 kids. My wife and I are living in Australia & we want to move to the US Permanently. She has Australian Citizenship as well. Can I just go to the US on B1/B2 visa and my wife can apply for petition. Do I need to come back after she will apply for petition? When Can i start work in the US? Help please

[teeak 224]

You cannot enter the US on a different visa (B1/B2) with the intention of adjusting status and immigrating.

Your wife would have to file a form I-130 (which she can do from Australia) so you may obtain an IR1 visa. You can follow this guide here: http://www.visajourney.com/content/i130guide1

The entire process usually takes about a year. Once you arrive in the US on your immigrant visa, you will automatically be eligible to work (after you receive a social security number).

Are your kids US Citizens as well?

Edited January 26, 2016 by teeak

[sunnysunstar 1]

Yes my kids have Dual (US & Australian) citizenship. Can she stay here and apply for petition? or she has to go back and live in the US. She was 14 YO when she moved to Australia with her mother but Father is still living in the US.

[JFH 12,189]

Interesting that the children have US citizenship if their mother left the US at 14. Normally the mother has to live in the US for at least two years at some point over the age of 14. Did she go back?

Anyway, she can apply from Australia but before you move back she must re-establish domicile in the USA. Not right now, but that is part of th proves and you need to start thinking about it. You can't just apply for a visa for you and then the two of you and the kids jump on the plane.

[sunnysunstar 1]

Thanks. We claimed my kids citizenship through my father in law. So for how many months we have to stay apart. My father in law will the co-sponsor in my case.

[JFH 12,189]

You won't necessarily be apart.

Read up on this section to prepare yourself for it

https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

First step is the I-130, however.

[sunnysunstar 1]

The only problem I am facing is my wife doesn't have proper domicile. We filled out $0 tax return in 2012 after that none. My wife's father is living in California but i don't know how much it will help.

[Anh map 2,098]

The US citizen petitioner is the primary sponsor regardless of income. So your wife will be submitting an I-864 to support your visa petition.

Your spouse needs to show US domicile or intent to establish.

She needs to sort out the tax returns. In 2012 she did not have a job or earn any money? The US taxes on worldwide income. Tax treatied prevent double taxation. Paying taxe and filing a return are 2 different things. If she had a income in OZ for 2012 then her US tax return should have showed it.

Start reading up on the process and make your plan of action.

Domicile >>> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

Taxes>>>> https://www.irs.gov/Individuals/International-Taxpayers/U.S.-Citizens-and-Resident-Aliens-Abroad---Filing-Requirements

https://www.irs.gov/Individuals/International-Taxpayers/Taxpayers-Living-Abroad

Edited January 27, 2016 by Anh map

[Boiler 43,607]

There are some tax treaties with some countries and prevent some double taxation.

Probably not an issue, but you never know.

[teeak 224]

She will have to show intent to establish domicile during the NVC stage (when you submit your I-864), after your petition has been approved by USCIS.

For now, your wife should file back taxes for 2013-2014 and for 2015 as well.

If you scroll down to domicile, this page lists some documents you can include to evidence that your wife will either re-establish US domicile before or during the time you immigrate:

http://www.visajourney.com/wiki/index.php/NVC_Process#Step_6_-_Gather_AOS_Package

Edited January 27, 2016 by teeak

[sunnysunstar 1]

What I understood till now is I-130 is the first step and my wife will have to fill out. After I-130 approval I can travel to the US and Work. The next stage will be I-864 and we can do that while we are in the US. Correct me if I am wrong.

I have read those links provided earlier and to me those links just provide generic Info.

My wife is looking after our kids and I am working full time. She has a bank account in the US which we opened last year and we used her father's permanent address to open the account. We have maintained that account till now.

[Alaska2012 462]

No you can't move over and work until you have the visa in hand. I-864 must be admitted and approved before you get your visa.

[Alaska2012 462]

Have you read the guides here on vj?

[sunnysunstar 1]

Have you read the guides here on vj?

Yes I have read the guides. I just got confused a bit. All I wanted to know that during the whole process 1. "My wife and I have get separate for few months" 2. "after looking at my case is there any chance of getting rejection or visa denial" 3. "Do I need a immigration lawyer for this process"

[Alaska2012 462]

Yes I have read the guides. I just got confused a bit. All I wanted to know that during the whole process 1. "My wife and I have get separate for few months" 2. "after looking at my case is there any chance of getting rejection or visa denial" 3. "Do I need a immigration lawyer for this process"

If she can prove her domicile from Australia then you dont have to be seperated. If she can't she might have to move ahead of you. As long as she has filed her taxes as she should and you guys have a co-sponsor then there shouldnt be a reason for you not to get the visa. And you do not need a lawyer!