IR1 - Wife is Filipino Citizen but filed for Australian Citizenship (merged)

[Vic Alvarez 0]

Hello All,

 

Been a long time lurker and finally created an account and need your help. I am a US citizen who lives here in California.  Got married 2 months ago and my wife is currently a Filipino citizen but lives in Australia and is a Permanent Resident of Australia. She wants to get her Australian citizenship first before moving here in the US. She just applied for an Australian Citizenship which will take about 15-20 months to get finalized. We don’t want to wait until she gets her citizenship and then file the i-130/i-485 (processing time 12-15 months) because it’ll take atleast 3 years before she can move here IF we wait to file the i-130 after getting her citizenship. Will it be a problem if I file the i-130 next month while at the same time her australian citizenship is on process? When I file the i-130, I will put her Nationality as “Filipino” but by the time i-130/i-485 gets approved, she’ll be an Australian Citizen. Will that be an issue?

 

Our hope is for the i-130/i-485 to get approved, get the Immigrant visa which is usually valid for 6 months stamped on her Philippine Passport before she gets her Australian citizenship/passport. Sorry if I can’t articulate properly. Thanks in advance for all your help!

[geowrian 22,335]

You can file the I-130 now. You can delay the process at NVC for at least a year without doing anything, and longer if needed. That fits well within the 15-20 month timeline.

 

No I-485. That's for Adjustment of Status (AOS). That's for people already within the US. She will need to complete consular processing abroad for an immigrant visa (CR-1/IR-1).

[pushbrk 12,103]

18 minutes ago, Vic Alvarez said:

Sorry I posted this topic under the “Australia” section and I’m not sure if its the right place to post it so I’m posting it here hoping you guys can help me. I apologize to the mods if it’s a repeat post. I’m new here.
 

Hello All,

 

Been a long time lurker and finally created an account and need your help. I am a US citizen who lives here in California.  Got married 2 months ago and my wife is currently a Filipino citizen but lives in Australia and is a Permanent Resident of Australia. She wants to get her Australian citizenship first before moving here in the US. She just applied for an Australian Citizenship which will take about 15-20 months to get finalized. We don’t want to wait until she gets her citizenship and then file the i-130/i-485 (processing time 12-15 months) because it’ll take atleast 3 years before she can move here IF we wait to file the i-130 after getting her citizenship. Will it be a problem if I file the i-130 next month while at the same time her australian citizenship is on process? When I file the i-130, I will put her Nationality as “Filipino” but by the time i-130/i-485 gets approved, she’ll be an Australian Citizen. Will that be an issue?

 

Our hope is for the i-130/i-485 to get approved, get the Immigrant visa which is usually valid for 6 months stamped on her Philippine Passport before she gets her Australian citizenship/passport. Sorry if I can’t articulate properly. Thanks in advance for all your help!

Just do your math and make your decision.  It will have no impact on the US Immigration process.

[Vic Alvarez 0]

Thanks geowrian! Oh I see. So after i-130, ir-1 is next then she’ll get the immigrant visa? When you say I can delay the processing at NVC, what do youmean by that? After submitting i-130 don’t do anything?

[Vic Alvarez 0]

Thanks pushbrk. So it doesn’t matter if the immigrant visa will be stamped on her Philippine Passport vs Australia Passport then right?

[geowrian 22,335]

19 minutes ago, Vic Alvarez said:

Thanks geowrian! Oh I see. So after i-130, ir-1 is next then she’ll get the immigrant visa? When you say I can delay the processing at NVC, what do youmean by that? After submitting i-130 don’t do anything?

Yes, IR-1 visa assuming she is married for at least 2 years at the time. Even if she gets a CR-1 visa, she can enter with IR-1 status if she is married for at least 2 years at the time of entry on that visa.

No I-485 needed with an immigrant visa. She will gain permanent residency upon entry.

 

The process is:

1) USCIS adjudicates the I-130

2) USCIS sends approved I130 to NVC

3) NVC processing (https://www.visajourney.com/wiki/index.php/NVC_Process)

4) Case Complete (CC) - wait for an interview slot

5) Interview

6) Administrative Processing

7) Visa issued/received

8 ) POE (unless she flies out of PH...then she will need to do CFO for the US, I believe)

 

Step 3 is where you would just not do anything until you're about to be ready. The timeline from NVC to interview varies, but tends to be in the ~2-6 month range (so long as not a severely backlogged consulate...which I don' think applies here).

The visa will be valid for up to 6 months, constrained by the medical exam.

 

Filipino is fine for nationality as that's what she holds at the time of filing. She can update it at NVC or the interview if needed. No issue.

Edited February 10, 2020 by geowrian

[Hank_ 9,171]

5 hours ago, Vic Alvarez said:

Sorry I posted this topic under the “Australia” section and I’m not sure if its the right place to post it so I’m posting it here hoping you guys can help me. I apologize to the mods if it’s a repeat post. I’m new here.
 

Hello All,

 

Been a long time lurker and finally created an account and need your help. I am a US citizen who lives here in California.  Got married 2 months ago and my wife is currently a Filipino citizen but lives in Australia and is a Permanent Resident of Australia. She wants to get her Australian citizenship first before moving here in the US. She just applied for an Australian Citizenship which will take about 15-20 months to get finalized. We don’t want to wait until she gets her citizenship and then file the i-130/i-485 (processing time 12-15 months) because it’ll take atleast 3 years before she can move here IF we wait to file the i-130 after getting her citizenship. Will it be a problem if I file the i-130 next month while at the same time her australian citizenship is on process? When I file the i-130, I will put her Nationality as “Filipino” but by the time i-130/i-485 gets approved, she’ll be an Australian Citizen. Will that be an issue?

 

Our hope is for the i-130/i-485 to get approved, get the Immigrant visa which is usually valid for 6 months stamped on her Philippine Passport before she gets her Australian citizenship/passport. Sorry if I can’t articulate properly. Thanks in advance for all your help!

 

Here is something to think about.  The moment your wife obtains her Australian citizenship her Philippine citizenship doesn't exist.    If you file now and put her nationality as Philippines that information will not be accurate once she obtains the Australian citizenship.   If the visa is issued in the Philippine passport ... that passport will not be valid once she is an Australian citizen making the visa void.

Edited February 10, 2020 by Hank_

[Hank_ 9,171]

4 hours ago, pushbrk said:

Just do your math and make your decision.  It will have no impact on the US Immigration process.

Seriously?    It will have a HUGE impact  ^^^

[Just Paul 4,591]

Too me getting the Australian citizenship is a complete waste of time.  She has no intent to live there after getting it.  There has been previous discussions here about why that is not good.

 

Figure out where you guys want to live.

 

6 hours ago, Vic Alvarez said:

i-130/i-485

Is for stateside concurrent filing.   If she is intending to enter and adjust then she will be committing visa fraud.

[pushbrk 12,103]

12 hours ago, Hank_ said:

Seriously?    It will have a HUGE impact  ^^^

Really? what impact will becoming an Australian Citizen have on her US Immigration?  Of course, waiting to file will lengthen the time between now and when she is in the US, but that's the "waiting" making the difference, not the Australian Citizenship.

[pushbrk 12,103]

12 hours ago, Hank_ said:

 

Here is something to think about.  The moment your wife obtains her Australian citizenship her Philippine citizenship doesn't exist.    If you file now and put her nationality as Philippines that information will not be accurate once she obtains the Australian citizenship.   If the visa is issued in the Philippine passport ... that passport will not be valid once she is an Australian citizen making the visa void.

Simple solution is that she obtains the visa as an Australian and has it affixed to her Australian passport.

[pushbrk 12,103]

10 hours ago, Paul & Mary said:

Too me getting the Australian citizenship is a complete waste of time.  She has no intent to live there after getting it.  There has been previous discussions here about why that is not good.

 

Figure out where you guys want to live.

I tend to agree with this thought.  Just what use is Australian Citizenship for  Pinay with a US Green card?  There are some possible answers though, including potential retirement benefits etc.  Hopefully she has a meaningful reason for wanting to do this.

[Hank_ 9,171]

9 minutes ago, pushbrk said:

Really? what impact will becoming an Australian Citizen have on her US Immigration?  Of course, waiting to file will lengthen the time between now and when she is in the US, but that's the "waiting" making the difference, not the Australian Citizenship.

You don't think it is an issue that the I-130 would state her nationality as Filipino, but by the time they reach the embassy phase she will have given up her Philippine citizenship ...   So you believe it is OK for her to just show up with a passport for a different country?

 

You did notice that his question was in regards to start the I-130 before she acquires Australian citizenship

Edited February 10, 2020 by Hank_

[Hank_ 9,171]

10 minutes ago, pushbrk said:

Simple solution is that she obtains the visa as an Australian and has it affixed to her Australian passport.

THAT is what he is trying to avoid AS IT makes it a 3 year process ...   You really should read his post.

[pushbrk 12,103]

1 hour ago, Hank_ said:

You don't think it is an issue that the I-130 would state her nationality as Filipino, but by the time they reach the embassy phase she will have given up her Philippine citizenship ...   So you believe it is OK for her to just show up with a passport for a different country?

 

You did notice that his question was in regards to start the I-130 before she acquires Australian citizenship

No, I do not think that is a problem.  However, chances are, she will complete the DS260 AFTER she has her Aussie passport.  Yes, I read the post and understand the circumstances.