# Moving to USA - Visa help please



## Miriam80 (Feb 9, 2010)

Hi
I am new to this forum and really need some advice please 

This is our situation:

I am a dual citizen (Australia/US). I was born in Australia and received US citizenship through my Dad. I have never lived in the US.

My husband is British with permanant residency in Australia however he has just applied for Australian citizenship.

My son (17months) was born in Australia. He is a dual citizen (Australian/British).

We are wanting to move to the US and I am just trying to sort out which visa application I need to complete for my husband and son.
I found out that since I have never lived in America that I can not automatically pass on US citizenship to my son.

It is my understanding that I need to file a I-130 petition for both my husband and son to apply for a Green Card (Permanent Residence) in Sydney (I live in QLD).
Then once the petition is approved, fill in the forms, attend an interview and if approved my husband and son will be given visas.

Is that about right?

Also, does anyone know how long the process takes roughly? For example, from the time I file the petition in Sydney to the time the visas are issued - how long?

Thank you


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## Miriam80 (Feb 9, 2010)

Also, does my 17month old have to have a medical exam? 

Thanks


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## Fatbrit (May 8, 2008)

Miriam80 said:


> Hi
> I am new to this forum and really need some advice please
> 
> This is our situation:
> ...


You're basically right. They actually apply for an immigrant visa at the consulate, which gives them permenant residency on first entry to the US. Well, actually it gives your husband permenant residency -- your son will become an instant US citizen on entry with an immigrant visa.

The process is usually around 6 months with no complications. And the visas when issued are a one-shot deal valid for a maximum of six months.

Complications in your case that are common are having to prove the intent to move your domicile to the US, back filing of US taxes (they usually require 3 years) and, perhaps, meeting the financial requirements.


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## Fatbrit (May 8, 2008)

Miriam80 said:


> Also, does my 17month old have to have a medical exam?
> 
> Thanks


Yes!


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## Miriam80 (Feb 9, 2010)

Fatbrit said:


> You're basically right. They actually apply for an immigrant visa at the consulate, which gives them permenant residency on first entry to the US. Well, actually it gives your husband permenant residency -- your son will become an instant US citizen on entry with an immigrant visa.
> 
> The process is usually around 6 months with no complications. And the visas when issued are a one-shot deal valid for a maximum of six months.
> 
> Complications in your case that are common are having to prove the intent to move your domicile to the US, back filing of US taxes (they usually require 3 years) and, perhaps, meeting the financial requirements.


Thank you. 

Could you please tell me a bit more about the potential complications.......What is meant by domicile? Why would I have to back file US taxes if I never had lived or worked there? What is the financial requirement?

Thanks again


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## Fatbrit (May 8, 2008)

Miriam80 said:


> Thank you.
> 
> Could you please tell me a bit more about the potential complications.......What is meant by domicile? Why would I have to back file US taxes if I never had lived or worked there? What is the financial requirement?
> 
> Thanks again


Domicile in this context means you live there permanently. The consulate may expect you to take steps to show that you intend to move there. Stuff like having a bank account there, somewhere to live, a job to go to, etc. Or failing that, you're looking to establish these things.

US citizens are taxed on their worldwide income irrespective of where they live. There's a large exemption for those who live overseas and also dual taxation agreements -- so you're unlikely to have to actually pay anything. But you must still file.....and when you apply for an immigrant benefit for family members is one of those few times they check that you have. Generally they will require your US tax returns for the previous 3 years. See if there's an IRS office at any of the US Consulates in Australia. they're generally helpful and understanding.

For the financial requirement question:
Do you have any income that would continue when you're in the US, e.g. a pension or annuity or remuneration from self-employment work (e.g. you're a translator) that could reasonably be expected to continue when you move to the US?


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## miss omy (Feb 9, 2010)

australia doesnt have a tax treaty with the US

and

why do you want to move to america if you live in sydney!?!?!?!?!


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## Bevdeforges (Nov 16, 2007)

miss omy said:


> australia doesnt have a tax treaty with the US
> 
> and
> 
> why do you want to move to america if you live in sydney!?!?!?!?!


According to the latest US tax instructions for overseas residents, there is both a tax treaty and a tax "protocol" between the US and Australia. (I have no idea the difference between a tax treaty and a tax protocol.) If you're desperate for something to put you to sleep sometime, the treaty should be downloadable from the IRS website The citation given is: 1986-2 C.B. 220 
Cheers,
Bev


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## miss omy (Feb 9, 2010)

the europeans and the indian's at work dont have to pay tax in america for 2 years, but if they stay longer than 2 years, they have to pay it all back. 

i didnt have that choice as an australian- i had to pay usa state and federal tax.

Also we have to submit an australian tax return now, declaring our usa income- which can put you in a higher tax bracket in australia.

you also get 2 years where you dont pay social security tax- however it runs on the american financial year which is december to december (i think?). because i moved there in december, that counted as one tax year. So move in january if you can



that is all i know


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## Bevdeforges (Nov 16, 2007)

miss omy said:


> the europeans and the indian's at work dont have to pay tax in america for 2 years, but if they stay longer than 2 years, they have to pay it all back.





> you also get 2 years where you dont pay social security tax- however it runs on the american financial year which is december to december (i think?). because i moved there in december, that counted as one tax year. So move in january if you can


I'd be careful citing those examples. They are based on very specific circumstances - if they are, in fact, legitimate. Some employers push limited exemptions to the limit and sometimes beyond - but it's not because they're "europeans" or "indians" that they aren't paying taxes (or social security) if that is the case.

For more information, consult publication 519 from the IRS. Basically the exemption from taxation is only available to certain categories of "students, researchers and exchange workers" on certain types of visas. The exemption from paying social security is even more limited.

(I'm not trying to give you a hard time, miss omy, just trying to avoid flocks of europeans and indians coming through here asking about getting themselves exempted from paying income taxes and social security.)
Cheers,
Bev


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## miss omy (Feb 9, 2010)

Bevdeforges said:


> I'd be careful citing those examples. They are based on very specific circumstances - if they are, in fact, legitimate. Some employers push limited exemptions to the limit and sometimes beyond - but it's not because they're "europeans" or "indians" that they aren't paying taxes (or social security) if that is the case.
> 
> For more information, consult publication 519 from the IRS. Basically the exemption from taxation is only available to certain categories of "students, researchers and exchange workers" on certain types of visas. The exemption from paying social security is even more limited.
> 
> ...


Basically the exemption from taxation is only available to certain categories of "students, researchers and exchange workers" on certain types of visas.

this would include myself and the co workers i speak of.

they are most likely on J1 visas.

If you are in the J1 program, america does have a tax treaty between European countries and india for 2 years- which was not available to me as an australian. i sat there with other j1 visa holders filling out paper work- and was told- australia doesnt have a tax treaty- whilst my friend from the UK was offered it.
i work for a company that is government funded, but im sure you are right, companies do push the envelope on tax exemptions


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