Advice sought for American and Australian to be TOGETHER...

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Advice sought for American and Australian to be TOGETHER...


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Old 03-17-2009, 12:25 AM
 
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Advice sought for American and Australian to be TOGETHER...

Hello!

I am an American citizen who has met and fallen in love with an Australian citizen. We are both divorced and plan to marry sometime in the near future. We are in the process of figuring out in which country we should marry and if that will make a difference. I have minor children in my custody, but he doesn't have children.

As it stands, he is planning to move to the States for a couple of years until we can sort out all the necessary paperwork and applications, in the hopes of eventually living in Australia permanently. This leads me to my first question: What is the best way for him to go about this? Should he, or can he apply for Dual Citizenship since our ultimate goal is to reside in Australia?

I was also curious about the best Visa for me to apply for...I would like to enter Australia on a Spouse Visa in the case that we marry in the States. Otherwise, on a Fiance Visa. I am also wondering if there is a separate Visa process for my children?

This is seeming to be a pretty complicated task ahead of us, and the more information I read up on, the more complicated it seems. We want to be sure to do everything correctly, as not to prolong the process. Any advice and suggestions that you may have would be greatly appreciated!

Thank you for you time and consideration.

Nicole M.


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Old 03-17-2009, 02:52 AM
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You just have to remember Nicole that any compound situation is going to be the sum of the various elements, and looking at what you describe I do not see too great a dilemma for Australian entry as far as immigration goes.

Family - Visas & Immigration shows options and for whichever one may apply if you have a look under eligibility you'll see mention of requirements re evidence of relationships and then for any application with you as the primary applicant, any children get tacked on to your application.

Before you get that far though you're going to need to look at what the US situation is in regard to Aussie fella heading there for whilst US has a visa waiver for tourist travel with a time limitation on it, there'll be something else for partners I'd imagine, similar to what we have here.
Is it the State department that US immigration comes under?, and if so that's where you ought to start re US immigration regs for Af.

Af also needs to consult with Australian Taxation Office in respect to what a [semi] permanent move may mean re taxation and any property held.
I do not think dual citizenship is an issue by itself but I'd suspect that it'll take a few years for Af to qualify, again details at State Department?

Then, possibly what may be the most crucial step in respect to an eventual move to Australia may be custodial rights if that is applicable and the US courts implications re you taking the children out of the US for what essentially is going to be viewed as a permanent move.

So three steps and the last to Australia is relatively straight forward.

EDIT: Just had a quick search out of interest and http://www.uscis.gov/portal/site/uscis seems where you/he needs to head re US immigration.
I'm glad I have the Australian site for reference, it appears to be much easier to find what you need!





Last edited by Wanderer; 03-17-2009 at 07:16 AM.

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Old 03-17-2009, 05:06 AM
 
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I think the American fiance visa is called a K1 visa. You see more cases on travel forums of men sponsoring their wives from Thailand/Philippines From what I have seen it can take several months. You might want to read up more on the best way to go about this, as sometimes things you do just so you can be together can go against you.

There was a good post recently on spouse visas which might be of interest.


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