# An Aussie Dv dilemma



## Andresphabian (Jul 3, 2012)

Hi guys, 

My wife and I are both Aussies and we were lucky enough to have won the Aussie GC lottery here in Australia. At the time of the application our situation was significantly different than what it is now. We were we working on part time jobs and have had just come back to sydney from a long year trying ( unsuccessfully) to relocate overseas to Latin America where I'm originally from. That didnt work for many reasons mainly due to language barriers as my wife cans speak spanish. So applying for a US Visa seemed like the perfect choice as we could both work, and be part of a culture we enjoyed so much. But also we saw moving to America as a new chapter in our lives, somewhere we could start over fresh. 

Back here in Sydney and after all the waiting we finally heard back from the Immigration Office and were finally told that we were selected , so we won. This was around the same time my wife had just been offered the best job shes ever had here in Sydney working in marketing for a big car company. It was the same for me, after years struggling through the GFC I was offered a job working for Sydney's largest radio network. So we thought we might just wait and see how things panned out as we hadn't even had our meeting yet. 

Months went by and we finally had our interview on jan this year - where we were told we won this visa, but that we had only 6 months to move completely to the U.Ss!! We asked them if we needed to have the sticker stamped right away on our passports and the officer said no, that we had til sept 2012 to get the sticker on and then 6 months after that to finally move.

So, we got pregnant in the midst of all this, and now I have a baby on the way and a looming deadline to move to a country where either me or my wife will have a job, let alone shelter or support for our newborn.

My question - thanks for reading through so far. How can I keep my gc for at least the first 2 years while my kid spends his first years close to his Australian family? Do I have no other choice but to forfeit my long lost dream of working in America? Can anybody see a way out of this which doesn't involve us uprooting everything and be stranded in California jobless with a newborn or stuck in Sydney for the rest of our lives.

Many thanks for your collective wisdom.


k


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## twostep (Apr 3, 2008)

USCIS - Rights and Responsibilities of a Permanent Resident

Read up on maintaining permanent residence which is one othe responsibilities of Green Card holders. Re-entry has to be applied for while in the US and it has to be justified.


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## Andresphabian (Jul 3, 2012)

twostep said:


> Read up on maintaining permanent residence which is one othe responsibilities of Green Card holders. Re-entry has to be applied for while in the US and it has to be justified.


I have been reading hence why I'm asking for help. What are my options.


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## Andresphabian (Jul 3, 2012)

Andresphabian said:


> I have been reading hence why I'm asking for help. What are my options.


I'm well aware of all the stuff I can't do. I just need to know what guidance you can give me as to what I CAN do.


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## EVHB (Feb 11, 2008)

Not having a job lined up in the US is not a valid reason to give you extension. Neither is wanting to raise your child in close proximity to the family. Finishing a study is a valid reason (if you only have to do 1 more year to get your Bachelors or Masters degree, for example).
So it's either using the green card and settle in the US, or let it go.
(and if you don't have a lot of savings and currently no connections to get you a job, staying where you are right now might be the best thing you can do at this moment. Although I'm sure some see America as such a Big Dream that they wouldn't agree.)


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## belgarath (Jul 15, 2011)

If you get your sticker in Sep 2012, you need to make your first landing wthin 6 months : Mar 2013.

Your visa sticker will be endorsed upon arrival and is good for 1 year. You can come back to AUS the next day and return to USA before the year is out, which gives you a buffer until Feb 2014. Would that work for you ?


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## Andresphabian (Jul 3, 2012)

belgarath said:


> If you get your sticker in Sep 2012, you need to make your first landing wthin 6 months : Mar 2013.
> 
> Your visa sticker will be endorsed upon arrival and is good for 1 year. You can come back to AUS the next day and return to USA before the year is out, which gives you a buffer until Feb 2014. Would that work for you ?


Bingo !!! That's a cracker idea. Thank you so much

I don't want people to get the wrong impression. I DO want to go and settle in the US. This has been my absolute dream since I was little - to live in NYC and to work in advertising like some kind of modern day mad men. . But I just want to be smart about it. And traveling with a newborn and no job prospects is not ideal for anyone involved. Id like to be able to be a productive member of the society and not get stuck making ends meet. If I give myself til feb 2014 my kid would be 1.1/2


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## mfowler (May 29, 2009)

*Re-entry permit*

Hi there,

I would recommend going back to the US every 6 months for a stamp as after 6-12 months they seem to get more suspicious. I went back a few times before getting my re-entry permit but always before 6 months and never had any issues. 

I would recommend applying for the re-entry permit but not sure what reason you would use as it has to be extenuating circumstance - study or caring for a family member for example. At least it's valid for 2 years and would be the better option for you I think. Do some research on google and search the threads on this forum, I found plenty of information.

Good luck!


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## twostep (Apr 3, 2008)

mfowler said:


> Hi there,
> 
> I would recommend going back to the US every 6 months for a stamp as after 6-12 months they seem to get more suspicious. I went back a few times before getting my re-entry permit but always before 6 months and never had any issues.
> 
> ...


The six-months-rotations does not work anymore. Re-entry can be issued for up to two years depending on the circumstances.


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## belgarath (Jul 15, 2011)

By the way, getting the visa for the little one may be a pain - check with your local consulate how to get the visa for the baby. 

Alternatively you could have the birth in the US and get automatic citizenship for the baby - but I suppose you will want to do this at home where you have family & friend support - never mentioning the costs.


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## Andresphabian (Jul 3, 2012)

Hi there thank you all for all your answers, it is now february 2013 and we're about to enter the US for the first time after having been awarded the green card. 

Just so you all know our beautiful baby boy Luca was born on Sept 19th a few months after my last posting and he's gorgeous. Just a word of warning to those parents travelling with small children - not only we had issue him a passport but also a travelling permit letter granted by the U.S Consulate in Sydney. You're meant to hand it in at the airline counter. So make sure you don't leave home without it. 

We'll be on our way to enter the US on the 15th of feb. L.A from SYDNEY. However the U.S is not our final destination as we're heading straight to the Caribbean for a 2 week visit to my parents in the Dominican Republic. 

On our way back to Australia i'm looking to spend couple of weeks in Miami, with some relatives - getting a few things sorted before we head back to Sydney. We just wanted to get things moving before we head back to Miami for good later on this year. 

*Question 1*

At that first instance at the Airport we're just wondering what to expect on the day from the immigration officer? what sort of paperwork apart from the sealed envelope you recommend we must we have at hand? 


*Question 2*

During the two weeks we'll be in the US. Is it possible within that time frame to have been issued:
a) a driver's license issued, 
b) Social security number, 
c) bank account with internet banking

*Question 3*

What is the American equivalent to the Australian Tax File Number? and can i get one in the weeks that i'm there?


Thank you again for all your answers - its really reassuring that you guys have done it all and it has worked that everything is gonna be alright.


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## belgarath (Jul 15, 2011)

Hello, congrats for your son 

Q1 : Just carry the envelope, and remember to carry these in your cabin baggage, don't put them into your checked baggage. The officer will rip the envelope open, stamp your passport, get your fingerprints and welcome you. If there is no queue, should take less than 10 mins. Nothing else is required. If you are going to ask for an address change, let the officer know at that point.

Q2 : a) Yes, depends on queues but %99 possible
b) Most probably not, but your SSN card will arrive to the address specified if you ticked YES in your application form in the relevant article (43b?)
c) Yes

Q3 : SSN - see 2b

Good luck!


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