# Challenges for a potential E3 application for a new Australian Citizen - Indian born



## sreeramb93 (May 5, 2020)

Hello All,

I came to Australia to potentially move to the US on an E3 visa. However, from what I read, an E3 visa can get rejected if you are applying for one just after citizenship.
I am on a fast track PR pathway and will likely be a citizen by 2024-2025. I plan to get married soon however, would like to keep my spouse on Indian citizenship.

How can I prepare myself to strongly prove my case has a non-immigrant intention? I can never be a US GC holder by my country of birth.

1. I plan to show significant immovable assets in India and stock investments in Australia.
2. I will only move to the US for Goog or FB so high TC.
3. I hold a masters degree from Aus relevant to my occupation i.e STEM.
4. My sibling has been living in Australia for the last 10 years.
5. By the time, I give my LCA, I will have completed my stay of 6 years in Australia.

As an Indian born, I can never be a permanent resident in my lifetime nor do I intend to be.
What can I do if I have years to plan to make sure my application is not rejected after a newly granted citizenship?


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## Moulard (Feb 3, 2017)

You simply must satisfy the consular officer that you intend to depart the US at the end of your visa.
There is no right way, or wrong way to show this - you just need to show that your ties outside of Australia are enough to counter the presumption that you will remain in the US.

According to the FAM...



> An applicant for an E visa need not establish intent to proceed to the United States for a specific temporary period, nor does an applicant for an E visa need to have a residence in a foreign country which the applicant does not intend to abandon. The applicant may sell his or her residence and move all household effects to the United States. The applicant’s expression of an unequivocal intent to depart the United States upon termination of E status is normally sufficient.


That said, the onus of proof will be on you, and the consular official can ask for whatever documentation they want.

As to the length of time you have held citizenship....

9 FAM 402.9-8(L) covers Considerations in Processing E-3 Visas, length of citizenship does not appear to be consideration.

In any event I don't think that there is any way for a consular official to determine how long you have been a citizen unless you volunteer the information.

It doesn't look like the DS-160 ask the question and an Australian passport does not include this information


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## sreeramb93 (May 5, 2020)

Thanks, Moulard, I guess I need to prepare some documentation that my ties to Australia are very strong.


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## Moulard (Feb 3, 2017)

I suspect it will be as simple as stating that you intend to depart the US upon termination of the E class visa if asked during your E3 visa appointment.

FWIW I checked out the I-129 and it only asks country of country of citizenship.. nothing on when citizenship was granted which suggests your fears over how long you have been an Australian citizen may well be unfounded.


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## sreeramb93 (May 5, 2020)

Thanks Moulard. It is very helpful


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