Australia to America (green card, marry, uscis, application)

[Marcl]

Hi folks, this is my first post and I did do a brief search but couldn't find something specific and recent to my simple question (which I know cannot be answered with pinpoint accuracy anyway)...

I married my wife (US citizen) in USA, we had a child, and I 'took them back' to Australia where we currently live.

The visa process for that was, of course, long, expensive and nerve wrecking.

I know my wife ultimately calls USA home and would like for us to go back there on a more permanent basis. Several years ago when I was debating staying in USA or taking her to Australia I did read about immigration options but it's now a little vague (but that is beside the point).

Who I'd like to hear from are people who have gone through the process of immigrating from Australia to USA with their US citizen spouse, how long it took you personally from application submission to green card, and any interesting things you learned through the process.

Once you got the green card, was it simply a matter of hopping on a plane, moving, and looking for work?

I'm basically wondering, if hypothetically my work contract here in Australia finished in December 2012 (coinciding with completion of my Masters), and we decided to make the move then, would I be wise to submit the application a year in advance (this December), a month, or week (haha) in advance?

How long did it take you? How much did it cost? What were the obstacles if any? What happens once it's approved?

I'd love to hear from some people who can share some insight,

Marc
(I am an Australian citizen)

[STT Resident]

No doubt others who've been in the same situation will offer their advice but if you go to the first "sticky" on this page, Immigration Links, and go to the USCIS website linked there you should be able to easily find a ton of applicable info. Good luck!

[Penguin_ie]

Not from Australia, but went through the spousal visa process. It takes 9-12 months- you can delay things your end a bit if the procvess is too quick-, and you then have 6 months to use the visa (IR-1). In fees, it costs just over $1000 for petition, visa and medical, then there may be extra expenses such as travel to US consulate for interview, getting birth cert and police certs etc- budget $1500- $2000. Once you land, you will get a greencard immediately and can work, travel etc, though most employers will want you to have a SSN, which takes 2-3 weeks to get.

The main obstacle people in our situation (where both spouses live outside the USA) face is the Affidavit of Support (form I-864); your US spouse must show she can financially support you to 125% of the poverty guidelines (about $24'000/ year for you, pne child an her), and she won't have a job in the USA when you interview. Three ways around this:
- Sponsor on assets; x3 the income needed, should be US based.
- Get a co-sponsor; a US based US citizen or greencard holder who will stand giarantoor for you.
- Your wife moved ahead of you, finds a job in the USA.

[Marcl]

Originally Posted by Penguin_ie

Not from Australia, but went through the spousal visa process. It takes 9-12 months- you can delay things your end a bit if the procvess is too quick-, and you then have 6 months to use the visa (IR-1). In fees, it costs just over $1000 for petition, visa and medical, then there may be extra expenses such as travel to US consulate for interview, getting birth cert and police certs etc- budget $1500- $2000. Once you land, you will get a greencard immediately and can work, travel etc, though most employers will want you to have a SSN, which takes 2-3 weeks to get.

The main obstacle people in our situation (where both spouses live outside the USA) face is the Affidavit of Support (form I-864); your US spouse must show she can financially support you to 125% of the poverty guidelines (about $24'000/ year for you, pne child an her), and she won't have a job in the USA when you interview. Three ways around this:
- Sponsor on assets; x3 the income needed, should be US based.
- Get a co-sponsor; a US based US citizen or greencard holder who will stand giarantoor for you.
- Your wife moved ahead of you, finds a job in the USA.

Thanks for your reply - that is interesting (bolded) as I am the one who takes home the majority of our income - I suppose I can just transfer a lump sump to her USD bank account and go from there?

[Penguin_ie]

Yes-ish- if you have large savings, that would work as you can be sponsored on assets. But your income in Australia doesn't count (neither will hers, if she has one), as it will not continue once you move to the USA.

[sondra_finchley]

Can her parents sponsor you? My dad sponsored my partner for his Green Card as I was unemployed at the time.

[Threestep]

Originally Posted by Marcl

Thanks for your reply - that is interesting (bolded) as I am the one who takes home the majority of our income - I suppose I can just transfer a lump sump to her USD bank account and go from there?

Does anyone ever bother to READ ALL OF THE INSTRUCTIONS for Affidavit of support?

[Marcl]

Originally Posted by Threestep

Does anyone ever bother to READ ALL OF THE INSTRUCTIONS for Affidavit of support?

As I said in my initial post, I may have done so a few years ago, but a few job changes and a child later I have certainly forgotten, so if you care to elaborate on your cryptic sarsacm with a more direct mocking of what has been said, that would be fantastic.

Regarding income not continuing when in USA, mine likely will.

Her parents or my uncle could sponsor me - I am sure they will be glad to help, but I haven't looked further into that at this stage as we may not start the paperwork for another 6-12 months.

Hence why I was asking for people who had 'been there and done that' to share their experience, rather than slam down the theoreticals.

[Marcl]

[quote=Penguin_ie;20903454] Once you land, you will get a greencard immediately and can work, travel etc, though most employers will want you to have a SSN, which takes 2-3 weeks to get.
[quote]

If I could just address the bolded wording - my other uncle (a different uncle to that mentioned in my above post) moved to USA to marry his wife and he said even though he had his greencard he still needed to apply for a 'work permit' or similar which took almost a year - it never sounded like that should have been the case - I wonder if he was mistaken - this is part of the reason for me asking for your experiences - I may have been offered misleading information - if the greencard is an 'access all areas' then that's great news... I just wonder what the delay was with my uncle... basically thinking out loud in this reply...

[Penguin_ie]

If you have a greencard, you do not need a work permit. Two possibilities:
- Uncle moved to the USA on a K1 (fiance) visa. This would mean he needed to get married within 90 days or arriving, then apply for Adjustment of Status before he can work. This can take up to a year.
- Uncle applied for some job that needed security clearance.