mizzle

Thanks for all your replies.

SO consensus seems to first give up my greencard before trying to enter? Or can I do that at the border when I am entering. 

Hello

I obtained a Greencard over 3 years ago while my husband and I were living in the USA. We left there to base ourselves in Australia about 2.5 years ago. We have been back to the USA about 1.5 years ago for 6 weeks, and are planning on heading back for 6 weeks in a few months. How does this affect my Greencard? Can I re-enter the USA on it, even though by the time we travel it will be about 20 months since I last was in the USA. Do they honour a greencard when I haven't been in the USA for 20 months? Would I need to give it up and apply for visa waiver? There is a chance in the near future we might move back to USA, so am reluctant to give it up. Thanks for any help. 

So just to clarify, if I leave the country for 6 months or more then 'continuous residency' is abandoned and I have to start again to qualify for the 3 year period needed to become apply for naturalisation? Thanks

How does my husband petition for my permanent residency? Is this done if my residency is in revoked?

Thanks for your replies. Does the fact that my husband and 2 children are US citizens count for anything?

My husband and our 2 children are all US citizens. We lived in the USA for 16 months. While we were there I received a green card and I lived in the USA for 9 months as a permanent resident. Since December 2014 we have been living in Australia (so for 6 months now as I wanted to have our 2nd child here close to my family). Now, however, I am wondering about my green card and continuous residency. Can I lose my green card if we stay away too long? Do I need to come back every year? We have maintained ties back in the USA (family, bank accounts etc). I am confused about if I am a continuous resident if I am in Australia but go back yearly and then in the future move back to the USA for 18 months would I be able to apply for naturalisation after 18 continuous months there? Would the time away from the USA but while maintaining ties there count towards the 3 years required for the spouse of a US citizen? Thanks!

Thanks for your replies so far! I now have another question...

When I am filling out the I-485 form, at the bottom of part 1 it asks for my USCIS status. What is that?

Also, in section 2 of the same form do I check box A because I am married to a USC and a visa number is immediately available, but I am filing the I-130 concurrently?

And, on the same form, Part 3 asks about my non-immigrant visa number and where it was issued. I came on a visa waiver. How do I answer that?

Thanks so much for your help everyone:)

The 'intent' to immigrate issue is only raised on the VJ website. On the official gov websites (USCIS) and the US consulates in Australia it never mentions anything about AOS from a visa waiver being fraud.

I am wondering if anyone can shed some light on my situation.

I am a dual citizen (The Netherlands and Australia) and my husband is an US citizen and an Australian permanent resident. We have a daughter who is an Australian and US citizen. We have been living in Australia for the past few years and are wanting to try living closer to my husbands family now. We are in the USA (I am on a visa waiver) and are going to adjust my status and apply for a green card. Is there anything special I need to do or extra info I need to give being a dual citizen? Thanks.

K-3 visas are rarely issued anymore, due to IR-1 / CR-1 visas being processed faster than they were a few years ago.

If you apply for a K-3 it will usually be administratively closed.

Pardon my ignorance, but what do you mean, 'administratively closed'? Thanks. I was kind of thinking it would be my best option since I would be able to travel to the US while its still in progress.

The K3 visa is obsolete.I believe that route is also more costly. There are many people who expedite their I-130s, that may be an option you might want to consider but only if you qualify (there are specific qualifications). Otherwise, having the entire process be complete and arrival into the US by July when you JUST filed the I-130, it's unlikely.

What do you mean about the K3 being obsolete? Its on the USCIS website as a valid visa option, I think.

Im not entirely sure but maybe you could request and expedite? I heard people have tried it before but Im not sure of the outcomes. Check and see if thats possible and what the requirements are...I dont think a friends wedding is a good requirement but your father being sick and dying might be a good reason.

GOOD LUCK!

Has anyone out there requested an expedite for an I-130 lately?

arrive? no. not at all.

send things in as soon as yer allowed, instead.

How do I know when Im allowed? Will they tell me? Or is it a better idea for me to do a K3? I just found out about that option.

review, put timeticks to calendar dates:

Loto's Wiki Page - http://www.visajourney.com/wiki/index.php/How_to_bring_your_foreign_spouse_to_live_in_the_US

I think you are missing some dead zone times inbetween stages.

Thanks so much Darnell. That is really useful info. I suppose you're saying to get things back to them as soon as they arrive so there is no wasted time. Its basically like having a full time job, this whole visa process!!

Hmmmm. I think it will be very tight too, and that its slightly unrealistic. But I notice that some people are approved so quickly, say in 4 or 5 months. How do they do that? What can I do to increase my chances?

What do you VJers think my chance is of being approved for an IR-1 visa before the end of July 2013?

My husband (USC) has filed the I-130 petition for me but it hasn't arrived at Chicago yet (its going via his mother's for a cheque). We have spent the last 4 years in Australia (with annual trips to the US). We were married in the USA 4 years ago and now have a tiny daughter. We are filing from Australia.

We have a wedding in which we are both involved on August 3rd (which could be considered a trivial reason to want to get there fast). Also, my husband's father has Parkinson's and is ailing. Once we get there, my husband has work lined up with him, so we want this to happen sooner rather than later.

Thanks.

Hey again guys!

This is hopefully the last time i need to look for advice! This is more to put my fiance at ease, She has her interview on Tuesday (Hooray)!! When she tried to schedule her medical they were not able to get her in till 2 weeks later, She lives in Adelaide so she was hoping to save a trip to Sydney, so clearly that back fired. so we just want to make sure that she wont be turned away from the interview and will just have to wait till the embassy receives the medical results in a few weeks before they issue her the visa. Thanks again guys! This forum has mad this horrible, stressful, and at times hopeless ordeal easier!!

I have the same problem as I live in Tassie. I emailed the Sydney consulate asking if I could do the medical and interview in one trip. They said to do the interview in the morning and schedule the medical for the afternoon. They said the results could be sent straight to the consulate when they are ready (since it can take a couple of weeks for them to be done). So I assume it doesn't really matter if the results arrive after the interview. Good luck!

Congrats! I almost wish I waited to send my I-130 in after August 15th instaed of in June! I might be approved by now.

I'm just wondering why you wished you waited? I am from Australia and my husband a USC. We are thinking of filing an I-130 and moving to USA (currently in Australia) but I think the wait times are too long as we have to go to the USA for a wedding in August and then plan on staying there. How come your wait is so long and this one only took 81 days?

Sorry to hear about your father in law. If Aus still has DCF I would certainly think this would qualify you for a speedy DCF processing. I'm not familiar with the rules for Australia. I'm a USC living in Canada and filing for my Canadian citizen husband. I had to submit my I-130 though the lock box in Chicago, but I believe that if your situation is urgent (and I personally believe your situation may qualify because of your father in law's illness) they do allow for DCF processing, at least they do here in Canada. Anyway, as long as Aus *offers* expedited DCF at least for emergency situations I'd try to do that. The worst they'll say is no, but I'd like to think your situation will get the special attention it deserves due to your circumstances,

For the children you have together, have you actually sought US citizenship for them yet? Just having a US parent does not automatically grant them citizenship by itself if they were born in Aus. You'll need a Certificate of Birth Abroad, and that will grant them their US citizenship. If you haven't done this already, you'll need to go to the website for your nearest US consulate and make an appointment to bring your children there to get them a certificate of birth abroad for US citizenship. I'd suggest doing this today because it may take a little while to get an appointment. Your USC husband will need take the children with him to the appointment and present his proof of US Citizenship and some evidence proving he's lived in the USA for X amount of time (I believe 5 years...but all of this should be on the website as far as what they need for proof.) I ordered my university and high school transcripts and that worked fine for me. There are a few forms to fill out and a fee and a few weeks after the appointment at the consulate you'll have a very fancy certificate mailed to you proving you children are officially US citizens.

While you're at the consulate, I'm pretty sure they'll let you apply for a US passport for your children the same day. At least they allow that at the Toronto consulate. Again, there are forms to fill out and fees but it would potentially save you another trip to the consulate for a US passport.

It may not hurt to ask the US consulate workers if they can advise you on what to do in your situation with immigrating. The people I dealt with at the Toronto consulate were all super nice and friendly and helpful. Hopefully you'll have a good experience at your consular office. Good luck with everything and best wishes to you and your family during this rough time. Hang in there.

Thanks so much for your reply. It gives me hope to think i can file for DCF. They still have it here, but has restrictions, such as illness. I'm hoping we fit into the category for this. I will get onto the passport for my daughter. I had no idea it could be so difficult!! Thanks again.

Well you cannot file for AOS from VWP with intent. However you can file for CR1 from Australia and visit with VWP as long as you are able.

Do you mean that I can file from Australia, enter the USA on a VWP and then extend the VWP? I thought I could only stay for 3 months with VWP.

Hello

I am looking for some advice about my situation...

I have been married to a USC since 2008. We were married in the USA but have lived in Australia since then. My husband (USC) now has permanent residency in Aus (soon to be a citizen). We want to go back to the USA as my husband's sister is getting married in August 2013 and my husband has work lined up starting ASAP with his father. His father has been diagnosed with Parkinson's Disease and is ailing. We also have a 5 month old daughter born is Aus.

What is the quickest option for me?

Do you think this is grounds for DCF, because his dad is sick?

Can I file an I-130 while living in Aus and then move to the USA on a visa waiver and convert my status while there?

Or, should I begin the process there?

Should I go over on a tourist visa or waiver and then apply?

Any information would be greatly appreciated.

Thanks