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buffingp

Australian Partner and I moving to US - and what that means ongoing

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Hi there,

 

My partner (Australian) and I (American) are living in Sydney on a de facto partner visa. I have permanent residency in Australia. 

 

We are interested to understand what happens in the following general situation. 

 

My partner and I move to the US either on a spouse visa or a fiance visa. She becomes a permanent resident in the United States and after a couple years we decide we want to live in Australia for a given amount of time. 

 

What I'm wondering is generally how this 'back and forth' type life would be if we are not certain we would want to live in the US forever after moving there. Any feedback would be great and very much appreciated! 

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8 minutes ago, buffingp said:

Hi there,

 

My partner (Australian) and I (American) are living in Sydney on a de facto partner visa. I have permanent residency in Australia. 

 

We are interested to understand what happens in the following general situation. 

 

My partner and I move to the US either on a spouse visa or a fiance visa. She becomes a permanent resident in the United States and after a couple years we decide we want to live in Australia for a given amount of time. 

 

What I'm wondering is generally how this 'back and forth' type life would be if we are not certain we would want to live in the US forever after moving there. Any feedback would be great and very much appreciated! 

USCIS doesn't recognise common law marriage.

 

Permanent residency is a settle status, you have to live here  

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Part of having a green card means living in the US as your permanent residence. Extended travel abroad could result in abandonment of residency. The best thing may be to hold off on moving abroad until she can apply for citizenship (3 years after getting the green card if you remain married). Once citizenship is obtained, she can be abroad for any period of time and return to the US. At least that's one option.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

?/?/?: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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Thank you that is very helpful. If anyone else has any input it would be appreciated. We are currently enjoying Sydney but are starting early stages of reviewing the idea of living there for a period of time. Three years isn't too bad of an amount for the citizenship.

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2 minutes ago, buffingp said:

Thank you that is very helpful. If anyone else has any input it would be appreciated. We are currently enjoying Sydney but are starting early stages of reviewing the idea of living there for a period of time. Three years isn't too bad of an amount for the citizenship.

Keep in mind it's 3 years from getting permanent residency. That's at POE for a spousal visa, or when AOS is approved after entering on a K-1 visa (expect close to a year but AOS time varies heavily from office to office). The application does take some time to process as well (as does anything with immigration!).


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

?/?/?: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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When youu leave you file I407 to terminate your Permanent Residency.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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9 hours ago, mcdull said:

USCIS doesn't recognise common law marriage.

 

Permanent residency is a settle status, you have to live here  

 

Just want to echo this: USCIS does not recognize common law marriage. You can only get a spousal visa with an official marriage, and you can't get a fiance visa if you're common-law married.

We've seen the issue where someone was common law married somewhere and couldn't get "official" married, so they had to go to a third country to get married so they could immigrate to the US.

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