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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 12163
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My husband is a US Citizen. We married in Australia in February

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My husband is a US Citizen. We married in Australia in February 2010 and currently reside in Australia. We are now looking to move to Texas (his hometown). I have an 8 year old son from a previous marriage and a 2 year old son from this current marriage. Would it be quicker for our family to immigrate to the US if my husband moves back to Texas first and lodges the Form I-130 and we then apply for an I-129 (K-3/K-4 visa), or should he just stay here in Australia and we apply for the Form I-130 and wait? What are the current waiting times for IR greencards? Are there any quicker ways to move to the US (with no special circumstances being relevant?) Thank you

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Does your husband have any strong ties to the US, like property, bank accounts, filing of federal tax returns, etc.?

Customer: replied 4 years ago.

Besides his family (mother and brother) he does not have any strong ties to the US. He does not have any property or a US bank account. He hasnot filed a tax return since moving to Australia in 2009. He has not worked consistently here in Australia.

Hi Kate,

Thanks for the information.

Your husband doesn't have to come back to the US to file the I-130 petition on his family's behalf, but he will have to submit form I-864, and that will require him to show that he is domiciled in the US.

The I-864 will be requested after the I-130 is approved, which should be about 5 months after submission.

If he cannot establish that he is domiciled in the US, then he can show an intent to be domiciled in the US. He can do this by accepting a job or “seeking employment” in the US, signing a lease or purchasing a residence, or other arrangement including living in another person's home, registering children for school, opening bank accounts and/or transferring funds to the US, etc.

So the botXXXXX XXXXXne is, it would be easier to complete the process if he were in the US when all of this is taking place - that he has established a domicile in the US.

As far as the K3/K4 visas, these are unlikely to be successful. I encourage you to try to go through that application process, sine it is free and requires all of the evidence and information you will be gathering for the I-130 process. I say this is unlikely because the the K3 spousal visa was created to help bring families together during a time that I-130 petitions were taking a very long time to process. As such, when an I-130 is approved before the K3 is issued, the K3 stops processing because the alien is no longer eligible. Recently, the I-130 has been processing within about 5 months on average, and the K3 process takes a least 6 months to complete.

But again, I encourage you to try anyway, in case your husband's I-130 takes a long time to process.

The entire process, from filing of the I-130 petition to being eligible to immigrate to the US is about 8 to 10 months.

Unfortunatley, without extenuating circumstances, ther eis no way to speed up the process.

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