Whats the best way to bring Aussie husband back to the US with me?
Nov 12th 2007, 12:36 pm
#1
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Joined: Oct 2007
Posts: 18
Whats the best way to bring Aussie husband back to the US with me?
I'm a USC who recently married an Aussie.We both reside in Australia at the moment.I'm only here on a student visa though.We have applied for an australian spouse visa but have not yet gotten a decision and have started thinking about the possibility of moving back to the states together.
I've been doing some reading about the k129 and 130 visas and am wondering if this would be our best option? It doesn't look like id be qualified to apply at the u.s. consulate here since I am on a temporary visa.Would I have to go back to the u.s. to apply for him? also is there some kind of visa he could come to the u.s. on while his spouse visa is pending? I cant bear the thought of being seperated for the 8 months to a year it seems to take to process
thanks so much for any advice
I've been doing some reading about the k129 and 130 visas and am wondering if this would be our best option? It doesn't look like id be qualified to apply at the u.s. consulate here since I am on a temporary visa.Would I have to go back to the u.s. to apply for him? also is there some kind of visa he could come to the u.s. on while his spouse visa is pending? I cant bear the thought of being seperated for the 8 months to a year it seems to take to process
thanks so much for any advice
Nov 12th 2007, 12:47 pm
#2
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Joined: Jan 2005
Location: HOME
Posts: 23,182
Re: Whats the best way to bring Aussie husband back to the US with me?
I'm a USC who recently married an Aussie.We both reside in Australia at the moment.I'm only here on a student visa though.We have applied for an australian spouse visa but have not yet gotten a decision and have started thinking about the possibility of moving back to the states together.
I've been doing some reading about the k129 and 130 visas and am wondering if this would be our best option? It doesn't look like id be qualified to apply at the u.s. consulate here since I am on a temporary visa.Would I have to go back to the u.s. to apply for him? also is there some kind of visa he could come to the u.s. on while his spouse visa is pending? I cant bear the thought of being seperated for the 8 months to a year it seems to take to process
thanks so much for any advice
I've been doing some reading about the k129 and 130 visas and am wondering if this would be our best option? It doesn't look like id be qualified to apply at the u.s. consulate here since I am on a temporary visa.Would I have to go back to the u.s. to apply for him? also is there some kind of visa he could come to the u.s. on while his spouse visa is pending? I cant bear the thought of being seperated for the 8 months to a year it seems to take to process
thanks so much for any advice
For visiting: VWP (bringing plenty of ties to Oz to prove non-immigrant intent at *that* visit - to be shown *only* if asked).
Nov 12th 2007, 12:51 pm
#3
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: Whats the best way to bring Aussie husband back to the US with me?
He can *visit* the US while his visa is pending, but there is always the chance that he will be denied entry to the US.
I cant bear the thought of being seperated for the 8 months to a year it seems to take to process.
Keep focussed on the goal... not the journey.Ian
Nov 12th 2007, 12:52 pm
#4
Retired
Joined: Apr 2004
Posts: 34,649
Re: Whats the best way to bring Aussie husband back to the US with me?
I'm a USC who recently married an Aussie.We both reside in Australia at the moment.I'm only here on a student visa though.We have applied for an australian spouse visa but have not yet gotten a decision and have started thinking about the possibility of moving back to the states together.
Have you thought of staying at least long enough to get your Australian citizenship before you move back to the U.S.?
Nov 12th 2007, 1:08 pm
#5
Joined: Apr 2002
Posts: 35,082
Re: Whats the best way to bring Aussie husband back to the US with me?
and
read the first link in my signature.
Filing in Australia is almost always 'the best way'.
Nov 12th 2007, 1:27 pm
#6
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Joined: Oct 2007
Posts: 18
Re: Whats the best way to bring Aussie husband back to the US with me?
Thanks very much for the replies.How long could he visit on a visitors visa? Can that be extended while waiting?
JAJ,to try and make a long story short.I visited an immigration agent about my student visa and she started questioning me about my spouse visa (which I applied and had an interview for 6 weeks ago and had thought was fine)and scolded me several times for not hiring a migration agent and that my spouse visa is going to fail based on character for lack of relationship evidence,that i'm here on a student visa and that my husband and I have only been together a few months.She insisted that I go hired an agent and submit more evidence.I called one of the people she referred me too and he asked me some questions like where my husband works and said that he thought it would be looked at pretty hard and maybe someone would show up at our house to check out that we are living here together but that he thought it would be ok.I did feel better after talking to him but still have alot of doubts after what the original agent said to me.
Plus our CO hasnt answered our 2 emails over the last 5 weeks,the latest being 2 weeks ago when all we were trying to do was confirm that they'd received all the additional evidence we sent in.I don't know if thats typical or not.
We were never told a timeline for processing and in reading over forums it seemed like the applications for spouse visas were processed pretty quickly once all the evidence was in and we sent in all the additional requested evidence 4 weeks ago.
Our thinking was that if we can work on getting him a us visa from here while we are waiting for a decision then we wont have to be apart as long if my aussie visa ends up getting denied.
JAJ,to try and make a long story short.I visited an immigration agent about my student visa and she started questioning me about my spouse visa (which I applied and had an interview for 6 weeks ago and had thought was fine)and scolded me several times for not hiring a migration agent and that my spouse visa is going to fail based on character for lack of relationship evidence,that i'm here on a student visa and that my husband and I have only been together a few months.She insisted that I go hired an agent and submit more evidence.I called one of the people she referred me too and he asked me some questions like where my husband works and said that he thought it would be looked at pretty hard and maybe someone would show up at our house to check out that we are living here together but that he thought it would be ok.I did feel better after talking to him but still have alot of doubts after what the original agent said to me.
Plus our CO hasnt answered our 2 emails over the last 5 weeks,the latest being 2 weeks ago when all we were trying to do was confirm that they'd received all the additional evidence we sent in.I don't know if thats typical or not.
We were never told a timeline for processing and in reading over forums it seemed like the applications for spouse visas were processed pretty quickly once all the evidence was in and we sent in all the additional requested evidence 4 weeks ago.
Our thinking was that if we can work on getting him a us visa from here while we are waiting for a decision then we wont have to be apart as long if my aussie visa ends up getting denied.
Nov 12th 2007, 1:30 pm
#7
Homebody
Joined: Jan 2005
Location: HOME
Posts: 23,182
Re: Whats the best way to bring Aussie husband back to the US with me?
Thanks very much for the replies.How long could he visit on a visitors visa? Can that be extended while waiting?
JAJ,to try and make a long story short.I visited an immigration agent about my student visa and she started questioning me about my spouse visa (which I applied and had an interview for 6 weeks ago and had thought was fine)and scolded me several times for not hiring a migration agent and that my spouse visa is going to fail based on character for lack of relationship evidence,that i'm here on a student visa and that my husband and I have only been together a few months.She insisted that I go hired an agent and submit more evidence.I called one of the people she referred me too and he asked me some questions like where my husband works and said that he thought it would be looked at pretty hard and maybe someone would show up at our house to check out that we are living here together but that he thought it would be ok.I did feel better after talking to him but still have alot of doubts after what the original agent said to me.
Plus our CO hasnt answered our 2 emails over the last 5 weeks,the latest being 2 weeks ago when all we were trying to do was confirm that they'd received all the additional evidence we sent in.I don't know if thats typical or not.
We were never told a timeline for processing and in reading over forums it seemed like the applications for spouse visas were processed pretty quickly once all the evidence was in and we sent in all the additional requested evidence 4 weeks ago.
Our thinking was that if we can work on getting him a us visa from here while we are waiting for a decision then we wont have to be apart as long if my aussie visa ends up getting denied.
JAJ,to try and make a long story short.I visited an immigration agent about my student visa and she started questioning me about my spouse visa (which I applied and had an interview for 6 weeks ago and had thought was fine)and scolded me several times for not hiring a migration agent and that my spouse visa is going to fail based on character for lack of relationship evidence,that i'm here on a student visa and that my husband and I have only been together a few months.She insisted that I go hired an agent and submit more evidence.I called one of the people she referred me too and he asked me some questions like where my husband works and said that he thought it would be looked at pretty hard and maybe someone would show up at our house to check out that we are living here together but that he thought it would be ok.I did feel better after talking to him but still have alot of doubts after what the original agent said to me.
Plus our CO hasnt answered our 2 emails over the last 5 weeks,the latest being 2 weeks ago when all we were trying to do was confirm that they'd received all the additional evidence we sent in.I don't know if thats typical or not.
We were never told a timeline for processing and in reading over forums it seemed like the applications for spouse visas were processed pretty quickly once all the evidence was in and we sent in all the additional requested evidence 4 weeks ago.
Our thinking was that if we can work on getting him a us visa from here while we are waiting for a decision then we wont have to be apart as long if my aussie visa ends up getting denied.
Do you guys want to live in Oz or in the US?
Nov 12th 2007, 1:42 pm
#8
BE Site Lead
Joined: Aug 2004
Location: MA, USA
Posts: 92,175
Re: Whats the best way to bring Aussie husband back to the US with me?
VWP = max 90 day stay, can't be extended.
Border hopping is not advised...you might get away with it a couple of times you might not.
If you don't have the patience to wait out the Oz side of things, you'll be in for a surprise with the cracking pace of things on the US side of things.
Good luck.
Border hopping is not advised...you might get away with it a couple of times you might not.
If you don't have the patience to wait out the Oz side of things, you'll be in for a surprise with the cracking pace of things on the US side of things.
Good luck.
Nov 12th 2007, 2:41 pm
#9
Just Joined
Thread Starter
Joined: Oct 2007
Posts: 18
Re: Whats the best way to bring Aussie husband back to the US with me?
Please please please read this thread http://britishexpats.com/forum/showthread.php?t=493156 (gets very interesting for you on page 2)
and
read the first link in my signature.
Filing in Australia is almost always 'the best way'.
and
read the first link in my signature.
Filing in Australia is almost always 'the best way'.
Nov 12th 2007, 2:50 pm
#10
Just Joined
Thread Starter
Joined: Oct 2007
Posts: 18
Re: Whats the best way to bring Aussie husband back to the US with me?
VWP = max 90 day stay, can't be extended.
Border hopping is not advised...you might get away with it a couple of times you might not.
If you don't have the patience to wait out the Oz side of things, you'll be in for a surprise with the cracking pace of things on the US side of things.
Good luck.
Border hopping is not advised...you might get away with it a couple of times you might not.
If you don't have the patience to wait out the Oz side of things, you'll be in for a surprise with the cracking pace of things on the US side of things.
Good luck.
I had hoped there would be some kind of temporary (non tourist visa) that he could come out on if need be to wait on the spouse visa.Doesn't sound like there is.
Nov 13th 2007, 3:55 am
#11
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,687
Re: Whats the best way to bring Aussie husband back to the US with me?
It has nothing to with with patience on the Oz side of things.I'm happy to wait for months for a decision now that I know thats the norm.The issue is since I am concerned that our application may end up denied,I want to have a plan B in place just in case! I had hoped there would be some kind of temporary (non tourist visa) that he could come out on if need be to wait on the spouse visa.Doesn't sound like there is.
I had hoped there would be some kind of temporary (non tourist visa) that he could come out on if need be to wait on the spouse visa.Doesn't sound like there is.Now, however, the I-130 process has sped up so much, that the K-3 does not bring the spouse here much earlier. It only takes around 8 to 10 months to process the Immigrant Visa, and it takes about that same amount of time for the K-3.
Just wanted to warn you that you may run across this K-3 visa which sounds like what you're looking for, but nowadays does not really bring the spouse here any earlier than the I-130 would.
Rene
Nov 13th 2007, 5:58 am
#12
Joined: Apr 2002
Posts: 35,082
Re: Whats the best way to bring Aussie husband back to the US with me?
Again, it only takes about a month or so if you file from inside Australia, to get a US spouse visa.
Nov 13th 2007, 1:26 pm
#13
Retired
Joined: Apr 2004
Posts: 34,649
Re: Whats the best way to bring Aussie husband back to the US with me?
Thanks very much for the replies.How long could he visit on a visitors visa? Can that be extended while waiting?
JAJ,to try and make a long story short.I visited an immigration agent about my student visa and she started questioning me about my spouse visa (which I applied and had an interview for 6 weeks ago and had thought was fine)and scolded me several times for not hiring a migration agent and that my spouse visa is going to fail based on character for lack of relationship evidence,that i'm here on a student visa and that my husband and I have only been together a few months.She insisted that I go hired an agent and submit more evidence.I called one of the people she referred me too and he asked me some questions like where my husband works and said that he thought it would be looked at pretty hard and maybe someone would show up at our house to check out that we are living here together but that he thought it would be ok.I did feel better after talking to him but still have alot of doubts after what the original agent said to me.
Plus our CO hasnt answered our 2 emails over the last 5 weeks,the latest being 2 weeks ago when all we were trying to do was confirm that they'd received all the additional evidence we sent in.I don't know if thats typical or not.
We were never told a timeline for processing and in reading over forums it seemed like the applications for spouse visas were processed pretty quickly once all the evidence was in and we sent in all the additional requested evidence 4 weeks ago.
Our thinking was that if we can work on getting him a us visa from here while we are waiting for a decision then we wont have to be apart as long if my aussie visa ends up getting denied.
JAJ,to try and make a long story short.I visited an immigration agent about my student visa and she started questioning me about my spouse visa (which I applied and had an interview for 6 weeks ago and had thought was fine)and scolded me several times for not hiring a migration agent and that my spouse visa is going to fail based on character for lack of relationship evidence,that i'm here on a student visa and that my husband and I have only been together a few months.She insisted that I go hired an agent and submit more evidence.I called one of the people she referred me too and he asked me some questions like where my husband works and said that he thought it would be looked at pretty hard and maybe someone would show up at our house to check out that we are living here together but that he thought it would be ok.I did feel better after talking to him but still have alot of doubts after what the original agent said to me.
Plus our CO hasnt answered our 2 emails over the last 5 weeks,the latest being 2 weeks ago when all we were trying to do was confirm that they'd received all the additional evidence we sent in.I don't know if thats typical or not.
We were never told a timeline for processing and in reading over forums it seemed like the applications for spouse visas were processed pretty quickly once all the evidence was in and we sent in all the additional requested evidence 4 weeks ago.
Our thinking was that if we can work on getting him a us visa from here while we are waiting for a decision then we wont have to be apart as long if my aussie visa ends up getting denied.
It is quite unusual for genuine (Australian) spouse visa applications to be refused (and there are appeal processes), so without knowing the details it sounds like that agent was trying to scare you.
If you want a second opinion, why not go to see IARC in Sydney:
http://www.iarc.asn.au
If you're not in Sydney then IARC could refer you to another more local support group.
Do bear in mind that you must continue to abide by the conditions of your student visa (attend classes etc) until spouse visa is granted.
