Want to bring spouse to US (Australian)
Jan 22nd 2006, 5:54 pm
#1
Guest
Posts: n/a
Want to bring spouse to US (Australian)
Hi!
I've been living in the USA for 2 months (permanent resident visa).
I moved from australia. I was wondering what the best course of action
to bring my girlfriend here would be...
We are both eager to marry. But I don't want to take any steps yet
without knowing details!
>From what I have read from other people, my options are:
1. marry now, and apply (as a perm. resident) which will no doubt take
a long long time..
or
2. wait till i'ma citizen (5 years right?) then marry and apply
I am not really worried about time, I am just worried about the IFs
hehe. if it's possible at all.
I know it should take less than a year once I'm a citizen. But i have
heard contradicting things about as a permanent resident. 2-7 years....
(the 7, in which case it would be better for me to wait until I was a
citizen anyway)
What are your opinions?
We are both australian citizens too...if that helps.
Also one other thing that could potentially be a problem.
I have heard that to bring someone over you have to be able to support
them 125% over the poverty line or something?
I'm in the dark about what that is....
Another thing is I am 18 (she is 18 in about 3 months)
Would it be best to get my parents to petition?
Can they say that THEy can support her over the 125%?
Because I don't know if a job at a video shop will be able to support
us both opver 125% ;)
But my parents would be mainly supporting us both...
Sorry for the long winded message.
If anyone could give me some advice on what to do and if not, who to
contact.
Thanks!!!
I've been living in the USA for 2 months (permanent resident visa).
I moved from australia. I was wondering what the best course of action
to bring my girlfriend here would be...
We are both eager to marry. But I don't want to take any steps yet
without knowing details!
>From what I have read from other people, my options are:
1. marry now, and apply (as a perm. resident) which will no doubt take
a long long time..
or
2. wait till i'ma citizen (5 years right?) then marry and apply
I am not really worried about time, I am just worried about the IFs
hehe. if it's possible at all.
I know it should take less than a year once I'm a citizen. But i have
heard contradicting things about as a permanent resident. 2-7 years....
(the 7, in which case it would be better for me to wait until I was a
citizen anyway)
What are your opinions?
We are both australian citizens too...if that helps.
Also one other thing that could potentially be a problem.
I have heard that to bring someone over you have to be able to support
them 125% over the poverty line or something?
I'm in the dark about what that is....
Another thing is I am 18 (she is 18 in about 3 months)
Would it be best to get my parents to petition?
Can they say that THEy can support her over the 125%?
Because I don't know if a job at a video shop will be able to support
us both opver 125% ;)
But my parents would be mainly supporting us both...
Sorry for the long winded message.
If anyone could give me some advice on what to do and if not, who to
contact.
Thanks!!!
Jan 22nd 2006, 6:36 pm
#2
Guest
Posts: n/a
Re: Want to bring spouse to US (Australian)
[email protected] wrote:
> Hi!
> I've been living in the USA for 2 months (permanent resident visa).
> I moved from australia. I was wondering what the best course of action
> to bring my girlfriend here would be...
> We are both eager to marry. But I don't want to take any steps yet
> without knowing details!
Very good plan. Indeed there are some pitfalls.
>>From what I have read from other people, my options are:
> 1. marry now, and apply (as a perm. resident) which will no doubt take
> a long long time..
Yes. For most countries, the current backlog is around five years.
> 2. wait till i'ma citizen (5 years right?) then marry and apply
You can do that, too.
Option 3 is to get married now, and still wait with applying until you are a
citizen. There is no real benefit to doing that, though.
> I am not really worried about time, I am just worried about the IFs
> hehe. if it's possible at all.
> I know it should take less than a year once I'm a citizen. But i have
> heard contradicting things about as a permanent resident. 2-7 years....
> (the 7, in which case it would be better for me to wait until I was a
> citizen anyway)
Five to seven years is correct. Once you become a citizen, the process gets
"shortcutted" and you would, more or less automatically, get the benefit of
the second process.
The advantage of the first process is that a large part of the paperwork
will already be done when you become a citizen. You will just have to
inform the National Visa Center of your naturalization, and they will send
out the paperwork to the consulate. It make take just a few months from
there.
Another advantage of this approach is that by the time she gets her Green
Card, the marriage will already have existed for five years. That means
that she will immediately get an unconditional Green Card - that can be
important in case you find out after moving together that you don't work
out well together.
The drawback of the first approach is that having an immigration petition
pending can on occasion cause problems with travel to the USA as a tourist.
As Australian citizens, that is not all that likely, though.
A second drawback of the first approach could be that five years is a very
long time, and there is a chance that you end up drifting apart - yet you
still have the entanglement of being married to somebody thousands of miles
away.
A third drawback is that such a long long-distance marriage could raise the
question of how legitimate the marriage is in the first place.
> What are your opinions?
> We are both australian citizens too...if that helps.
What really matters is the location of your birth. Citizenship is not all
that critical.
> Also one other thing that could potentially be a problem.
> I have heard that to bring someone over you have to be able to support
> them 125% over the poverty line or something?
Correct.
> I'm in the dark about what that is....
Depends on whether there are any children involved. If not, I think it's
around $18k/year or so.
> Another thing is I am 18 (she is 18 in about 3 months)
At that age, i would suggest you go for the second option, wait until you
are a citizen. That way, you can be sure that the relationship will last.
> Would it be best to get my parents to petition?
No, they don't have a basis to petition her.
> Can they say that THEy can support her over the 125%?
Yes. This is called co-sponsorship. You would still be the petitioner and
sign a primary affidavit of support (that's the form about the income to
support her). Your parents would also sign another copy of the same form.
> Because I don't know if a job at a video shop will be able to support
> us both opver 125% ;)
By the time you become a citizen, your income may well be higher, and it may
no longer be an issue.
> But my parents would be mainly supporting us both...
>
> Sorry for the long winded message.
> If anyone could give me some advice on what to do and if not, who to
> contact.
No problem, that's what this group is here for. Actually, you may find more
marriage-based information in the alt.visa.us.marriage-based newsgroup.
--
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
> Hi!
> I've been living in the USA for 2 months (permanent resident visa).
> I moved from australia. I was wondering what the best course of action
> to bring my girlfriend here would be...
> We are both eager to marry. But I don't want to take any steps yet
> without knowing details!
Very good plan. Indeed there are some pitfalls.
>>From what I have read from other people, my options are:
> 1. marry now, and apply (as a perm. resident) which will no doubt take
> a long long time..
Yes. For most countries, the current backlog is around five years.
> 2. wait till i'ma citizen (5 years right?) then marry and apply
You can do that, too.
Option 3 is to get married now, and still wait with applying until you are a
citizen. There is no real benefit to doing that, though.
> I am not really worried about time, I am just worried about the IFs
> hehe. if it's possible at all.
> I know it should take less than a year once I'm a citizen. But i have
> heard contradicting things about as a permanent resident. 2-7 years....
> (the 7, in which case it would be better for me to wait until I was a
> citizen anyway)
Five to seven years is correct. Once you become a citizen, the process gets
"shortcutted" and you would, more or less automatically, get the benefit of
the second process.
The advantage of the first process is that a large part of the paperwork
will already be done when you become a citizen. You will just have to
inform the National Visa Center of your naturalization, and they will send
out the paperwork to the consulate. It make take just a few months from
there.
Another advantage of this approach is that by the time she gets her Green
Card, the marriage will already have existed for five years. That means
that she will immediately get an unconditional Green Card - that can be
important in case you find out after moving together that you don't work
out well together.
The drawback of the first approach is that having an immigration petition
pending can on occasion cause problems with travel to the USA as a tourist.
As Australian citizens, that is not all that likely, though.
A second drawback of the first approach could be that five years is a very
long time, and there is a chance that you end up drifting apart - yet you
still have the entanglement of being married to somebody thousands of miles
away.
A third drawback is that such a long long-distance marriage could raise the
question of how legitimate the marriage is in the first place.
> What are your opinions?
> We are both australian citizens too...if that helps.
What really matters is the location of your birth. Citizenship is not all
that critical.
> Also one other thing that could potentially be a problem.
> I have heard that to bring someone over you have to be able to support
> them 125% over the poverty line or something?
Correct.
> I'm in the dark about what that is....
Depends on whether there are any children involved. If not, I think it's
around $18k/year or so.
> Another thing is I am 18 (she is 18 in about 3 months)
At that age, i would suggest you go for the second option, wait until you
are a citizen. That way, you can be sure that the relationship will last.
> Would it be best to get my parents to petition?
No, they don't have a basis to petition her.
> Can they say that THEy can support her over the 125%?
Yes. This is called co-sponsorship. You would still be the petitioner and
sign a primary affidavit of support (that's the form about the income to
support her). Your parents would also sign another copy of the same form.
> Because I don't know if a job at a video shop will be able to support
> us both opver 125% ;)
By the time you become a citizen, your income may well be higher, and it may
no longer be an issue.
> But my parents would be mainly supporting us both...
>
> Sorry for the long winded message.
> If anyone could give me some advice on what to do and if not, who to
> contact.
No problem, that's what this group is here for. Actually, you may find more
marriage-based information in the alt.visa.us.marriage-based newsgroup.
--
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
Jan 22nd 2006, 7:01 pm
#3
Guest
Posts: n/a
Re: Want to bring spouse to US (Australian)
Thanks for the response kevin.
I guess it seems that the best way to go about it would be wait till
I'ma citizen then marry her I guess =)
One more question though (sorry!)
What can I do about visits?
Can I visit her?
Can she visit me?
I know that one does not need a visa to enter the US for 90days or
less...but how many times can someone visit per year? or how long per
year can theys pend in the country?
We will both be at university/college so there would be 2-3 weeks
breaks 4x a year.
I think what I heard about naturalization is that I have to be in the
USA for 3years+ out of the 5 years....
Thanks
I guess it seems that the best way to go about it would be wait till
I'ma citizen then marry her I guess =)
One more question though (sorry!)
What can I do about visits?
Can I visit her?
Can she visit me?
I know that one does not need a visa to enter the US for 90days or
less...but how many times can someone visit per year? or how long per
year can theys pend in the country?
We will both be at university/college so there would be 2-3 weeks
breaks 4x a year.
I think what I heard about naturalization is that I have to be in the
USA for 3years+ out of the 5 years....
Thanks
Jan 22nd 2006, 8:53 pm
#4
Guest
Posts: n/a
Re: Want to bring spouse to US (Australian)
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Hash: SHA1
[email protected] wrote:
> Thanks for the response kevin.
> I guess it seems that the best way to go about it would be wait till
> I'ma citizen then marry her I guess =)
>
> One more question though (sorry!)
>
> What can I do about visits?
> Can I visit her?
Yes, of course. You do need to make sure that you do not appear to give up
your US residency, or else you may lose your Green Card. Also, if you spend
too much time outside the USA, your five-year clock for naturalization
could get reset.
> Can she visit me?
Yes. There could be a snag here, but it is not illegal.
> I know that one does not need a visa to enter the US for 90days or
> less...but how many times can someone visit per year?
There is nothing in the law about that, but my rule of thumb would be to use
the 90 days only once in a 12-month period. Even then, her having a
boyfriend in the USA could be misinterpreted as her intending to immigrate.
> or how long per year can theys pend in the country?
> We will both be at university/college so there would be 2-3 weeks
> breaks 4x a year.
That should be fine.
> I think what I heard about naturalization is that I have to be in the
> USA for 3years+ out of the 5 years....
No, that's not true. The actual requirements are actually more complicated
and include:
- - no absences of more than six month. In some cases, an absence of up to one
year can be OK.
- - you must have spent at least 50% of your time physically inside the USA.
For more complete information, please go to the USCIS.gov Web site and
download the naturalization guide.
- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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[email protected] wrote:
> Thanks for the response kevin.
> I guess it seems that the best way to go about it would be wait till
> I'ma citizen then marry her I guess =)
>
> One more question though (sorry!)
>
> What can I do about visits?
> Can I visit her?
Yes, of course. You do need to make sure that you do not appear to give up
your US residency, or else you may lose your Green Card. Also, if you spend
too much time outside the USA, your five-year clock for naturalization
could get reset.
> Can she visit me?
Yes. There could be a snag here, but it is not illegal.
> I know that one does not need a visa to enter the US for 90days or
> less...but how many times can someone visit per year?
There is nothing in the law about that, but my rule of thumb would be to use
the 90 days only once in a 12-month period. Even then, her having a
boyfriend in the USA could be misinterpreted as her intending to immigrate.
> or how long per year can theys pend in the country?
> We will both be at university/college so there would be 2-3 weeks
> breaks 4x a year.
That should be fine.
> I think what I heard about naturalization is that I have to be in the
> USA for 3years+ out of the 5 years....
No, that's not true. The actual requirements are actually more complicated
and include:
- - no absences of more than six month. In some cases, an absence of up to one
year can be OK.
- - you must have spent at least 50% of your time physically inside the USA.
For more complete information, please go to the USCIS.gov Web site and
download the naturalization guide.
- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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Jan 23rd 2006, 10:36 am
#5
Guest
Posts: n/a
Re: Want to bring spouse to US (Australian)
Thanks again!
I probably should have gone there first but it is so daunting with all
the different fromsand all the pages.
I can never find the relevant ones. But now I know what to look for ;)
Thank you for your help! I feel a lot better now.
I think it's better to know the facts (even if they are worse than
expected) than to know nothing at all.
I probably should have gone there first but it is so daunting with all
the different fromsand all the pages.
I can never find the relevant ones. But now I know what to look for ;)
Thank you for your help! I feel a lot better now.
I think it's better to know the facts (even if they are worse than
expected) than to know nothing at all.
Jan 24th 2006, 4:34 am
#6
Joined: Apr 2002
Posts: 35,082
Re: Want to bring spouse to US (Australian)
Originally Posted by tatuboy
Thanks again!
I probably should have gone there first but it is so daunting with all
the different fromsand all the pages.
I can never find the relevant ones. But now I know what to look for
Thank you for your help! I feel a lot better now.
I think it's better to know the facts (even if they are worse than
expected) than to know nothing at all.
I probably should have gone there first but it is so daunting with all
the different fromsand all the pages.
I can never find the relevant ones. But now I know what to look for
Thank you for your help! I feel a lot better now.
I think it's better to know the facts (even if they are worse than
expected) than to know nothing at all.
DCF is not the Consulate's term for that process, but youi can find lots of personal stories on the net about it.
