Guinavere

I was under the impression that you would be able to apply for adjusment of status if you marry a US citizen or a lawful permanent resident. In other words, there is no reason for your fiance to become a citizen as long as they are a lawful permanent resident of the US.

"n order for a relative to sponsor you to immigrate to the United States, they must meet the following criteria:

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They must be a citizen or lawful permanent resident of the U.S. and be able to provide documentation providing that status.

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They must prove that they can support you at 125% above the mandated poverty line, by filling out an Affidavit of Support

The relatives which may be sponsored as an immigrant vary depending on whether the sponsor is a U.S. Citizen or a lawful permanent resident.

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If the sponsor is a U.S. Citizen, they may petition for the following foreign national relatives to immigrate to the U.S:

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Husband or wife

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Unmarried child under 21 years of age

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Unmarried son or daughter over 21

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Married son or daughter of any age

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Brother or sister, if the sponsor is at least 21 years old, or

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Parent, if the sponsor is at least 21 years old.

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If the sponsor is a lawful permanent resident, they may petition for the following foreign national relatives to immigrate to the U.S.:

o

Husband or wife, or

o

Unmarried son or daughter of any age.

In any case, the sponsor must be able to provide proof of the relationship."

Hi Guinavere! Welcome to the Aussie thread lot's of nice people in here.

Wow, another Aussie going to Colorado awesome! Oh and you're from Melbourne too, even better! Sorry to hear about your father but I think it is great that you will be nearer to him and will be able to spend more time with him.

How are you K3ers going? I have been reading your postings and the whole thing since the new rules came in seems horribly confusing and complex! I hope you all hear something soon. We almost got married in Maui last year but decided to wait..I am glad we did now.

Hey I have been helping an Aussie in PM. Her name is Koukla07 so if you see her about VJ say hello to her. She is having a hard time. She had her K1 interview 6 Feb and they gave her passport back but told her she is approved...weird. I am trying to ascertain what that means and have encouraged her to send an email to the consulate and ask what her status is.

Still trying to sell my stupid car!

Lyndel

Hi! I have downloaded all the forms I think we need so that I can read through them and gather all the stuff we need to file. I want to get as much in place before I go back to Denver so that my sweet hubby won't have too much to try and figure out on his own! LOL...It is quite confusing! More so than when I immigrated to Australia. Maybe the US can learn some lessons from the way it is done here! LOL sure would cut down on all the forms and paperwork involved. It was great to be assigned an immigration officer who was keeping track of my application throughout the entire process. And even when he went on holiday, I was notified of another immigration whom I could contact in case of emergencies! So efficient! But then again I have heard of others who have migrated to OZ and had many problems. so I guess it goes to show that not all are as lucky as I was.

My original goal was to file for citizenship here so that I would have a dual citizenship. I would be able to file for that at the end of this year, but I am not sure now how to handle that with my father in the condition he is in. ah well...c'est la vie!

Now if I can just make sense of this paperwork for the USCIS! LOL

Good luck with the sale of your car...hope it happens soon!!

I had to sell my car in the US when I came down under....now I will have to find myself a cheap car when I get back so that I can get back and forth to a job!

I was wondering if the following scenario is possible and if anyone has any recommendations. I am looking what would be necessary to marry and aussie and have her immigrate to the US.

What we would like to do:

* Her come to USA (I'm a US Citizen) -- get engaged, plan wedding

* Go to Australia and get married (she wants her family there..)

* Come back to the USA

* Live happily ever after.

It might be worth mentioning she already has a SS card from working temporarily in the US. I'm not sure if this helps/hurts. The part I'm most concerned about is the "Come back to the USA." Does anyone know what I need to do so she can come back immediately and then get spousal status?

I am in similar situation except that I have been married for three years to my aussie hubby and I have permanent resident status here in OZ. I am originally from Denver. The steps I am looking into is filing the I-130 petition along with the k-3 visa and hope that it doesn't take forever. In the meantime it looks as if I will have to go to the US and find a job considering I will have to show affadavit of support. That means we will be separated during the processing of that k visa which will allow my husband to come to the US while the rest of the application is being processed. I haven't seen any other way to do it legally. And I am not about to take a risk any other way. As $hitty as that will be to be apart from my hubby...well...I want him to be able to stay with me in the US without the stress of doing something dodgy.

As was previously mentioned, discrimination occurs when it violates an inalienable right not a privilege.

Thanks for clarifying that.

i have no problem with the intentions of this bill or the Adam Walsh Act, i agree 100% with their ideas, the problem is that adding these restrictions without properly thinking about their implementation simply makes things worse, not better. its like deciding to put a 5-ton water pump on a sinking 30 foot boat. yea the water pump will help pump out the water, but the extra wait is just gonna help make it sink faster.

I agree...it just slows down an already slow process to do yet another background check. I personally don't have any of these things in my background, but it will still slow down my process even further because they have to do that check for everyone. I guess this is what all those fee increases are supposed to take care of! RIIIGGHHT!!!

I don't understand what is wrong with that bill. It actually makes sense.

If someone does not have the decency or maturity to pay for their present children, how they hell are they going to support an immigrant who is not eligible for any federal aid until they become a citizen..

Exactly my point! Not every USC who is rearing children without eligible child support qualifies for federal aid. The immigrant who does not qualify for federal aid is not the point that should be looked at. Every state has it's financial guidelines to qualify a person for aid. There are single parents who are working and barely keeping their heads above water who have a spouse who is supposed to be payig child support but isn't. And that single parent may be making more than the qualifying guideline and therefore does not qualify for federal aid. Shouldn't the person who is supposed to be paying child support have a background check before marrying anyone else? Foreign or USC?

Are they checking whether or not the USC owes child support? Is that what this implies? and if that is the case, then does that mean that any USC who is marrying for the second, third, etc time will undergo a background check before getting married to make sure they don't owe child support to someone else? If they don't do this for every person getting married (whether to a USC or otherwise) then wouldn't that be considered discrimination against a person marrying a foreign spouse?

I will be going to Denver too! It's my hometown, but Melbourne has been home for just over the past three years. My hubby and I were married at the registry in Melbourne and just recently had our 3rd anniversary. I went through so much paperwork to get my permanent residency here in asutralia and the thought of going through it in reverse to get to Denver is quite intimidating. But with my father's declining health and my mother needing me closer, it looks like I really don't have much choice. I so hate the fact that they have done away with the DCF!

I'm 50 USC, hubby is 28. We met online 6 years ago. We have been married 3 years.

I'm 50 USC, hubby is 28. We met online 6 years ago. We have been married 3 years.

I don't think the US government even took into consideration the american citizens who are permanent residents of a foreign country and married to a foreign spouse and how this would affect them if they decided to move to the USA.

I am an American citizen, married to an aussie husband and migrated here to be with him after getting married in australia. The process was much easier than what I am now going to have to go through in order to move back to the US to be closer to my family. My father is in extremely bad health and it would be better for me to be there and spend some time with him and to help my mother when the time comes for my father to have to be placed in hospital or having to make several trips to and from the hospital.

I came to OZ on the VWP. Had no intention of getting married here, we had made all of our plans to do that in the US because my family is much bigger than my husband's. However, circumstances change and after being here for over a month decided to get married here. I called australian immigration told them my situation, asked what I needed to do to be able to stay with my husband and they directed me to their website, sent me forms to fill out and we paid $1800AUD, filled out the application for my temp residency and spousal visa, submitted all the required documents and evidence of a genuine relationship, went through the interview, medical exam, police clearance checks with the FBI, etc and was granted the visa. I was able to work, apply for medicare (the national health care system) and stay and wait for the second phase of being granted permanent residency. Close to my second year anniversary here, the dept of immigration sent me a packet with the forms I needed to fill out, submitting once again the evidence of an ongoing marriage/relationship. I sent the packet in, and 2 days later they sent me my approval letter and I went and had the visa put into my passport.

There was none of this fill out one form for this with a fee paid, then another form and another fee, oh and more forms and more fees! Geez! And let me tell you, the stuff I had to submit to the australia immigration dept was the same kind of things we will have to supply to the USCIS. Thank goodness I kept all of that stuff!

I just hate that I will now have to go another route other than DCF. Not going to be easy for this permanent resident of Australia who has been living in OZ for the past three years and not working in the US. No job lined up in the US. I do have a domicile that I have kept in the US in order to keep my US driver's licence current. Thank goodness for some foresight on my part there. But they have you between a rock and a hard place in actually trying to keep you from being separated as husband and wife! So it looks like I will have to go to the US, secure a job and a place to live and file for a K-3 visa along with the I-130 application as well as file all of the other damn forms and fees as they go through each step of the process. Not happy about this at all!

that stinks... One time I was in Chicago and the lines explicitly said "Citizens Here" "Non-citizens Here". After the citizen line went through quickly, the officers yelled at us from theri booths to come over and why the heck we weren't coming... most of the foreigners weren't budging for fear of loosing their place in the line I suppose and also because the signs were so clear, and what the officers were yelling wasn't.

The last time we visited the US we had no idea what line we were supposed to be in. My husband is Australian. We asked one of the officers directing traffic and were told to go through the US citizens line because we were travelling together as husband and wife. So that is where we went. They fingerprinted my husband, asked a few questions about our trip and then told to have a nice visit. This was at LAX.

But hey! who knows...the next time we visit, we might have to do something different. Consistency would be nice!

Sounds to me that you are already married. Therefore you would apply for a K-3 visa. http://www.visajourney.com/forums/index.ph...mp;page=compare

Thanks Lurker!

Another question...

Do I have to move back to the US to file? It looks like I will have to have some type of job in place so that I can show support requirements. If I can file while still living in australia, what office would I send the forms to? Looks like doing away with the DCF has made a mess for people like me who happen to be residing in a foreign country.

I do not have a permanent residence in the US; however, I have used my daughter's address to keep my driver's licence current in Utah.

Hello everyone! I hope I can get some good advice on how to start this procedure!

First let me give you some background info. I am American, married to an aussie husband. I am a permanent resident of Australia and have lived in Melbourne since November 2003. We just recently celebrated our 3rd wedding anniversary! woohoo!

Anyway, now we are seriously considering moving to the US because my father who is 75 years old is in declining health and it would be nice if I could be closer, plus the fact that my adult children are having and raising beautiful grandchildren that I am unable to see . Two new babies have just been added to the family in the past 6 weeks.

What is the best way for me to go about moving back to the US and being able to have my husband be with me and not have to be seperated?

Thanks for any advice you might have for me.