US Immigration from Australia

Looking for some advice / hoping to find people that have been in a similar situation & my apologies this is a long one.

Backstory: I immigrated from Australia on a K1 Visa at the end of 2018.

Married in 2018, recieved my Greencard in 2019.

In August of 2020, my husband and I decided to take some time apart.

Incase people want the nitty gritty details / incase it matters - he was getting out of the Military and was wanting to go home to Green Bay, WI to spend some time with his family while he planned his next career move.

At the time we were living together in Arlington, VA (this was where he was stationed) I had built a great support network of friends and had a stable job with great income and it didn't make sense for me to quit my job and move to Green Bay and have no combined income.

So in summary he went to Green Bay, WI & I stayed in VA working and I signed a lease on an aparment on my own and he was staying with his family in Green Bay, (no lease) and he was not working.

In September 2021 it was time for me to file for the removal of conditions. At this time I was still living solo in Arlington and working and he was still at home in Green Bay staying with family and not working.

In this packet I included:

- a personal statement signed by both myself and my husband outlining our current situation - (the fact that he was now living in Green Bay and I was in Arlington and that although we were living apart we were still in regular contact and had planned to reunite once he decided on his next career path, ((at the time he was considering joining a different branch of the military))

- Jointly filed tax returns for 2019 & 2020

- Our original lease agreement from Arlington from 2018 - 2020

- Joint Car insurance

- Joint cell phone bill

- A travel itinerary for my spouse to visit me in Arlington

- Vet records for our two dogs showing joint ownership

- 2 affidavits from friends

- Photographs

Fast forward to present day. March 18 2024 - I got an RFE asking for additional evidence to show my spouse and I entered into our marriage in good faith and continue to share a life together.

Now here is where I need the adivce.

While my husband and I entered into this marriage in good faith with all intentions of this being forever we are no longer together.

We are however still legally married.

We are on good terms but are completely individually self sufficient.

Is USCIS wanting an update on where this situatuon is at?

I guess I'm confused on what documentation to provide as all of the suggested documentation on the RFE is to support - as quoted on the notice "establish shared family planning, share responsibility for a common residence, hold ourselves to the public as a married couple or continue to share a life together"

And again while we are still very much in each others lives it's in a different capacity and there are no suggestions of what evidence to provide if you are no longer together.

There are a couple of suggested documents that I could provide but I'm not trying to prove we are still in a comitted marriage but I can prove we are still legally married (there has been no divorce filed) and we are on good terms.

We still speak almost daily, have joint health insurance, life insurance, we've visited each other over the years, have photos - but again we're not romantically together anymore.

Has anyone been in this situation?

If so what should I send in?

My husband now resides in Charleston, SC and has a new career

I still reside in VA and have a successful business.

In case it matters we do not have shared financials and do file our taxes together however married filing separately.

Any advice or input is grealty appreciated

Hi there, I m the beneficiary from Australia, NVC advised that our case was forwarded to the Sydney Embassy on the 27th Feb 2024, CEAC is showing status as In Transit. Just wondering if anyone knows how long it will be in transit before it arrives and is Ready at the embassy?

Hi

I received my spouse visa and my husband and I are not ready to relocate to the USA until July 2024 however my visa expires in May 2024. We plan to do a quick trip over for 5 days ($$$) and return to Australia to wrap things up. Is there a minimum amount of time I am required to remain in the USA when activating /endorsing my green card visa that is in my passport ? I know that it acts as a PR in the interim until I receive my green card. Does anyone know roughly when I will receive my actual green card? How long I must stay? Any other useful information will help me and others with the same situation?

Thank you

OK; long story bear with me.

I applied for my GC via Marriage. At the interview, our agent suggested putting my married name (lets say last name is : B) on the card. Which I agreed too, as I aiming to commence the process with my consulate to change my passport to my married name anyways, which has been a complete BUST!

I receive my GC. My first name, last name (married name), and country is WRONG. Like completely wrong.

I then file an i90 and hand my Greencard back in.

I also then obtain my first 551 (stamp in my passport, which is my maiden name).

A year goes by.... no I90, but I need to travel internationally. I apply ONLINE for a replacement 551. It arrives in my married name.

Another year goes by.... no I90. But the time comes to remove my conditions, which I apply for.

In the mail, I receive a Notice of Action 797 in my maiden name, which extends my 551 for 48 months and allows me to travel and work.

So now.... I have a Passport with my maiden name. A 551 (expired) with my married name. and a 797 notice with my maiden name.

I travel to Colombia. thankfully, they allow me to travel back to the States, but I get held aside Stateside. Obviously the issue is the ONE document (expired 551) in my married name. It obviously confuses Airport USCIS.

They told me to file a form to have the 551 transferred back into my maiden name and a form to change my GC in process back to my maiden name.

But for the life of me I cannot remember the name of the document. Can someone help?

Hello All,

My wife and I have been married for two year and just gave birth to our first child 6 months ago.

My wife is Australian and has entered the US several times with an ESTA since 2017. During the pandemic she overstayed for over a year, but she was able to apply for an ESTA and visit the US last year. Not sure if her overstay will effect her green card application if she was still able to get an ESTA.

We currently reside in Malaysia where we gave birth to our daughter, but next week we are planning to visit the states while I start a new job. We are planning to stay for maybe 8 months and I have been looking into applying for a green card to avoid any future travel issues. Otherwise we would have to make visa runs to reset the ESTA. With a child this is not ideal for us.

Is it possible to apply for the green card once we arrive under an ESTA? Also how long would we have to reside in the US? I am looking into using a service like simple citizen to get some support with organizing the documents since I feel like my situation more complex and I can t afford a lawyer.

We intended to go back to Malaysia to visit after about 8 months. Our goal is to have the freedom to stay in Malaysia and US free. Thanks for any advice on the matter!