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Discussion Starter · #1 ·
Hi everyone,

I am an Australian who is living in Australia with my American wife. My wife is wanting to move back to the USA so we want to start the process for me to get a green card but I have a few questions as it all seems rather confusing. We are hoping that we will be able to move back to the USA together by July, 2018. We know that basically the first thing we need to do is file form i-130. From reading things it seems like my wife almost needs to be in the USA while this is all processing. We're originally going to go through the whole process of form i-130 and after that file form i-485 while in Australia but we have since become aware that I may be eligible for a K-3 visa.

So basically my questions are we able to stay living in Australia while i-130 is processing or does my wife need return to the USA to prove that she is domiciled in the USA and we are planning to live there or can we both travel to the USA together once I can legally live there?

Also because we are now aware of the possibility of a K-3 visa my wife would be quite keen to move to the USA asap so when would we file for a K-3 visa? Is it at the same time as we file form i-130 or would it be after we get confirmation they have received the form?

Then because of the K-3 visa possibility I am also confused about what to answer for questions 61.a to 62.c. At this stage I am not in the USA so I wouldn't be applying to change my status in the US and would want processing in Australia but if we did get the K-3 visa then I would hope for processing while in the US. So what should I answer there? I suppose right now it is still Australia where I want processing but is it possible to change it at a later date?

Thanks in advance for all your help.

Cameron
 

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Are her US tax returns current?
Will you be able to self sponsor Affidavit of Support or do you have US co sponsors lined up?
Does she have a US address - family, friends?

K3 is basically absolute as it rolls into CR1 during processing. Considering the problems that were often associated with it - no great loss.

Right now your wife files I 130 in AUS. Proof read it three times, copy everything! You will find a detailed flow chart on travel.state.gov and current processing times on uscis.gov. Let me know if you need help. Somewhat convoluted to post links with an IPad.
 

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Discussion Starter · #3 ·
Hi twostep,

Thanks for your reply. Her tax returns are current and we will initially stay with her parents so we would use their address and they will also be willing to be cosponsors so we have that part sorted.

I think I have managed to find the flowchart you were referring to, it is a help that's for sure. I am still somewhat unsure though do we submit the documentation for the K3 visa at the same time as we submit I-130 or wait until we hear from immigration and then submit papers for the K3 visa? If in the end we decide we will just stay in Australia while awaiting the entire visa process is that okay?

Thank you
 

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Hi twostep,

Thanks for your reply. Her tax returns are current and we will initially stay with her parents so we would use their address and they will also be willing to be cosponsors so we have that part sorted.

I think I have managed to find the flowchart you were referring to, it is a help that's for sure. I am still somewhat unsure though do we submit the documentation for the K3 visa at the same time as we submit I-130 or wait until we hear from immigration and then submit papers for the K3 visa? If in the end we decide we will just stay in Australia while awaiting the entire visa process is that okay?

Thank you
You got two big hurdles sorted out. Great!
Time wise K3 and CR1 are the same right now. You have some time until your I130 comes back. Please read up on K3 on USCIS.gov. Your decision but too many potential hick ups for me.
 

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Discussion Starter · #5 ·
Hi twostep,

Thanks for your help. We have decided to just file the I130 for now and probably will just go through the whole process in Australia. During research about the K3 I agree it looks like there is lots of potential hiccups and it could possibly delay everything.

I have another question, not sure if I should start a new thread or just ask it here so I guess I'll just ask it here for now. We are just trying to be as prepared as possible for when we reach the next stage so trying make sure we know exactly what we need to do before then so we can submit everything ASAP when we are able to. It is in regards to the sponsors for the Affidavit of Support. When it is time for us to submit the Affidavit of Support as you are aware that they want details from the most recent tax year but due to the processing time of the I130 it will likely be in the new financial year in the US and going by the current processing times it could very well be processed in the time between the end of the financial year and April when taxes are due by. Would the sponsor need to ensure they have completed their taxes before they can use their information or can if they complete the Affidavit of Support before they complete their taxes and use the most recent tax details they have filed (which they are all up to date with their taxes at present)? If they can use the most recent tax details then that would make things so much easier and less stressful with trying to get all documents submitted asap.

Thank you
 
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