How to apply for spouse visa? US citizen living overseas.

[VB-100 3]

Just a bit of background:

My wife and I are living in Australia from past 8 years and we have 2 kids together. I am an Australian Citizen (Australian by birth) and she is dual citizen (US by birth and lived in the US for 15 years and Australian because she immigrated here.) We have 2 kids who are Dual citizens (Australian by Birth and US because of their mother). What will be the process in my case? Does she need to move back to the US to sponsor me? or Can she apply from here? or Can I go on ESTA and apply from the US?

 

To show her domicile we have documents given below and my father in law is happy to be a co-sponsor:

1. We have enrolled our kids in the school for next year in the US.
2. She's got savings account running from last 2 years.
3. She has voted in last 2 elections. 
4. She's got tax return of last 3 years ($0 amount).

 

Please guys your advice would be help for us.

 

Thanks

Vik

Edited March 19, 2019 by VB-100

[Just Paul 4,591]

She needs to file the I-130.  Follow the guides above.  The process can take well over a year.  Your kids can start school this fall if they have US Passports..  You can not adjust from the US but you can travel on ESTA.  You will interview in Australia.

 

You might be able to petition for Direct Consular filing under exceptional circumstances if your wife has a job lined up in the US. 

[VB-100 3]

4 minutes ago, Paul & Mary said:

She needs to file the I-130.  Follow the guides above.  The process can take well over a year.  Your kids can start school this fall if they have US Passports..  You can not adjust from the US but you can travel on ESTA.  You will interview in Australia.

 

You might be able to petition for Direct Consular filing under exceptional circumstances if your wife has a job lined up in the US. 

Thanks for replying.

She doesn't have a job or lined -up one.

She doesn't want to move back alone so what are our options.

[Just Paul 4,591]

18 minutes ago, VB-100 said:

what are our options.

1.  You can file with the lockbox, the normal way, and that can take 12 to 14+ months.   During which you all stay in Australia.

2.  She lines up work in the US and you do a DCF.  This can cut the process down to 2 to 4 months.  Probably faster.  

3.  Everyone else moves this summer and you visit on esta.  You need to be prepared to show you still have strong ties back to Australia.  Your re entry is never guaranteed and you may not be allowed to enter.  This probably won't be what she wants since you can only really visit for half a year.

 

Also depending on your finances you may need a joint sponsor in the US.  The petitioner(wife's) income would need to be 125% above the poverty line for the family or you would need liquid assets of 3x the poverty line for your petition.

[canadavisa22 197]

16 minutes ago, VB-100 said:

Thanks for replying.

She doesn't have a job or lined -up one.

She doesn't want to move back alone so what are our options.

Your wife needs to sponsor your visa to become a permanent resident and live in the US. To do that, she needs to file what's called an i-130 (https://www.uscis.gov/i-130)

 

You and your wife can live in Australia with your kids while that is being approved. That normally takes like 6-10 months but it depends on how quickly your file is approved. Some service centers in the US are faster than others. 

Once that is approved, your wife needs to prove she intends to re-establish domicile in the US. That means she needs to prove that she is going to move back and permanently live in the US. It's very difficult to prove that without first actually moving back to the US. So, while it sucks, there may be a month or two where she needs to move back to the US ahead of you while you wait in Australia for your interview and visa.

 

The whole process will likely take somewhere in the region of 12-14 months in order for you to get a visa. I suggest you scour this website for how the process works. There are tons of guides here to help you. But that is essentially the big picture. It'll take close to a year or more and your wife will likely have to move to the US ahead of you in order for you to satisfy the Consulate that she is now living permanently in the US.

[pushbrk 12,087]

The whole process from petition filing to visa in hand is currently taking 12 to 15 months.  6 to 10 is just to get the petition approved.  An approved petition is not a visa.

[VB-100 3]

23 hours ago, canadavisa22 said:

Your wife needs to sponsor your visa to become a permanent resident and live in the US

 

23 hours ago, Paul & Mary said:

Also depending on your finances you may need a joint sponsor in the US.  The petitioner(wife's) income would need to be 125% above the poverty line for the family or you would need liquid assets of 3x the poverty line for your petition.

 

12 hours ago, pushbrk said:

The whole process from petition filing to visa in hand is currently taking 12 to 15 months.  6 to 10 is just to get the petition approved.  An approved petition is not a visa

Thanks Guys for replying.

Can my father-in-law be a co-sponsor because she doesn't want to get a job by herself while kids are going to school.

To show domicile she will move when kids School will start.

[Just Paul 4,591]

1 minute ago, VB-100 said:

Can my father-in-law be a co-sponsor

Yes he can.

[Zaczon 62]

4 minutes ago, VB-100 said:

 

 

Thanks Guys for replying.

Can my father-in-law be a co-sponsor because she doesn't want to get a job by herself while kids are going to school.

To show domicile she will move when kids School will start.

Yes your father in law can

[pushbrk 12,087]

40 minutes ago, VB-100 said:

 

 

Thanks Guys for replying.

Can my father-in-law be a co-sponsor because she doesn't want to get a job by herself while kids are going to school.

To show domicile she will move when kids School will start.

Your father in law can be "Joint Sponsor".  Your wife (and you if you wish) needs to study the I-864 instructions. If you don't, you'll never know what it is you DON'T know.

[metaxas 0]

On 3/20/2019 at 5:35 AM, Paul & Mary said:

1.  You can file with the lockbox, the normal way, and that can take 12 to 14+ months.   During which you all stay in Australia.

 

I'm sorry is there a requirement that the petitioner stay with the beneficiary while the sponsorship is in progress? I am asking because I'm planning to move back to America, get back to work and have my wife wait in India while the sponsorship is in progress..

[Just Paul 4,591]

50 minutes ago, metaxas said:

is there a requirement that the petitioner stay

If filing at the lockbox, no.   Petitioner can be anywhere in the world

[alannah_rose 39]

I am almost to the end of this process (submitted docts to NVC, just waiting for them to be approved and then have the interview scheduled.) My husband lives here in Australia with me and has done so for the last 5 years so if you have any questions about the process, just let me know

[VB-100 3]

18 hours ago, alannah_rose said:

I am almost to the end of this process (submitted docts to NVC, just waiting for them to be approved and then have the interview scheduled.) My husband lives here in Australia with me and has done so for the last 5 years so if you have any questions about the process, just let me know

Thanks for offering your help Alannah.

We looking to submit the documents at some point in May.

This what we got so far to show my wife's domicile:

1. We have enrolled our kids in the school for next year in the US.
2. She's got savings account running from last 2 years.
3. She has voted in last 2 elections. 
4. She's got tax return of last 3 years ($0 amount).
5. I have my father-in-law's financial document (As a co-sponsor)

What else we need show?

 

[Gitana 11]

Your father inlaw can provide paper that you will be living with him or renting from him