sarahaha

Hi everyone,
I've tried googling to no avail and can't find a way to understand the procedures... My husband is a US citizen by descent but has never been a resident in the US. We're currently living in Australia but would like the chance to move to the US. Is there a way for us to apply for a spouse/migration visa for me (Aus citizen) and our two sons?
Thanks in advance,
Sarah

Noorah101

Yes. The key term you'll be looking to research is "DCF" (Direct Consular Filing).

Make sure your husband has filed at least the most recent 3 years of US Tax Returns, if he hasn't done so.

Make sure he reads the I-864 affidavit of support form and instructions found at www.uscis.gov. Two things he will have to address: 1) having enough income or assets, or finding a joint sponsor; and 2) showing intent to domicile in the USA.

There is a very good Wiki article on here regarding DCF. It's geared toward those in the UK, but your process will be the same....just a different consulate.

Rene

Noorah101

He probably won't be able to pass on his US citizenship to his sons, so make sure he files an I-130 for each person who is immigrating.

Rene

ian-mstm

To add to what Rene has said, be aware that your husband will need to file an I-864 for you, but will need I-864Ws for your sons. As long as your sons are under age 18 the day they enter the US with him and with their immigrant visas (the result of filing I-130s), they will immediately become US citizens. The day you enter the US, you will immediately become a US permanent resident - but, you will be eligible to naturalize after 3 years.

Ian

S Folinsky

Australia had "true" DCF which is now dead and gone as of this week. UK has a DHS office so it was not, and still is not, "DCF" even though the Consulate and the DHS office are both in the Embassy.

So, if OP's family wishes to immigrate, the I-130 will not be filed in Australia, but will go to Chicago lockbox.

I think it is unfair that the same filing fee must be paid for each I-130. Someone may want to make a general comment to the Powers That Be who set the filing fees. There is already precedent in regards to the I-765 & I-131 filed concomitant to an I-485 adjustment.

Noorah101

Thanks for the reminder.

Sarah, go to www.uscis.gov, Forms, and look at the I-130 form and instructions. This is the first step in your immigration journey, so start there. The I-130 must be sent to the USA.

Rene

sarahaha

Wow, thanks so much for all the help, we'll start looking into the paperwork now

sarahaha

http://www.immihelp.com/affidavit-of...-domicile.html I have just been sent this link by a friend, which suggests that because my husband is not a resident, and has never been, he is unable to sponsor us for a spouse/family visa. So under these circumstances, how would we apply? I'm very confused as the visa paperwork (that I've just spent days preparing) does not mention this fact anywhere.
To clarify, my husband is a US citizen, by descent. He has not lived in the US for any extended period of time, and is currently living, with me, in Australia. Are we ineligible for visas?

sarahaha

My apologies - I've done a more thorough search with the keyword domicile and have found plenty of information.

Noorah101

The i-130 was filed to the USA, correct? Using a US address. So there shouldn't be a domicile issue. The USC will hear from NVC when it's time to submit the I-864.

Rene

sarahaha

The i-130 was sent on to my brother-in-law in the US to attach the checks and forward on to Chicago lockbox. I was just thinking ahead to the i-864 and my BIL was concerned about proof of domicile (not being aware that intent to domicile was sufficient).

Noorah101

Intent to domicile is only for DCF cases. Yours is not DCF. Since the I-130 was filed in the USA, USCIS believes the USC lives in the USA.

Rene

jeffreyhy

How so? There is no more 'DCF'. Any US citizen who resides abroad may or may not have US domicile, and must file the I-130 in the USA unless USCIS has a field office in the country where the USC is residing.

Very few countries have a USCIS field office, and the I-130 should indicate whether the petitioner is residing in the USA or in some other country. If the USC does not reside in the USA they will have to return to the USA, or demonstrate the intent to return to the USA, at an appropriate time during the visa application process.

Regards, JEff

Noorah101

Thanks JEff, that makes sense.

Rene