# Australian <3 an American



## d0mino (Sep 20, 2009)

Hello, 

I am an Australian born gentleman who met a very lovely American lady around six years ago while studying graphic design at university. We moved in together and have managed to get her permanent residency (through defacto status) here in Australia, and just recently, Australian Citizenship. 

We are both a little tired of Australian life and would like to move to the states for a while. What are our options? Marriage is not off the cards, but I understand there would be some limitations to my availability to work? Am I better off holidaying in the USA and trying to apply for sponsorship through an employer? I saw on the usic.gov website that my spouse/sponsor would have to be able to support me to 125% above the poverty line, but did not see mention of me not being able to work. 

I also saw the Fiancee visa there, which stipulates we need to get married within 90 days of arriving. Does this then make me as good as USA citizen? 

Any advice or suggestions would be much appreciated.


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## twostep (Apr 3, 2008)

Does your wife still have her US citizenship?


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## Davis1 (Feb 20, 2009)

twostep said:


> Does your wife still have her US citizenship?


Most people dont lose them behind the sofa 
Of course she does ....


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## twostep (Apr 3, 2008)

Davis1 said:


> Most people dont lose them behind the sofa
> Of course she does ....


a) Some households do not have sofas
b) Some people do not go through dual citizenship for reasons I do not want to discuss
c) It will make a difference in their options


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## Davis1 (Feb 20, 2009)

twostep said:


> a) Some households do not have sofas
> b) Some people do not go through dual citizenship for reasons I do not want to discuss
> c) It will make a difference in their options



You have never seen anybody try to get rid of their US citizenship
its like trying to get rid of your arms


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## twostep (Apr 3, 2008)

Davis1 said:


> You have never seen anybody try to get rid of their US citizenship
> its like trying to get rid of your arms


My question was directed at OP. Not you and/or your speculations. Unless you have facts regarding this particular person - thank you.


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## d0mino (Sep 20, 2009)

Yes, she still has her US citizenship and both her arms.


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## Fatbrit (May 8, 2008)

d0mino said:


> Hello,
> 
> I am an Australian born gentleman who met a very lovely American lady around six years ago while studying graphic design at university. We moved in together and have managed to get her permanent residency (through defacto status) here in Australia, and just recently, Australian Citizenship.
> 
> ...



Well this one's wandered off to be no help at all to the OP! For the record, a natural born citizen is not going to lose their citizenship without a trip to a consular officer and a formal renouncement. A naturalized citizen could also add judicial revocation.....but it's extremely rare unless you covered up a former life featuring high crimes. 

OP: if you want the best route immigration wise, marry now and then apply for a CR1 immigrant visa by filing a I-130 directly at the consulate. This gives you the right to live and work here (permanent residency) from day one of arrival. Budget 6 months from application to receipt of visa, and you have another 6 months from the issue of the visa to come over.

The financial obligation requires the sponsor to show earnings at 125% of the federal poverty level. In the case of a USC overseas, this earnings must be viable when they have moved to the US. Assuming they're not, you can substitute capital at 3 times the figure. If you fail to meet either of these, you can use a co-sponsor.

If you come over on the fiancée visa (K1), permission to work is sketchy until you've married and additional paperwork has gone through. It may be up to a year until you gain permanent residency and will need to use temporary permission while awaiting your green card.

You cannot attain citizenship until you have been a permanent resident for 3 years while married to a USC.

Under all circumstances, avoid the K3 visa.


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## Eastgate (Sep 21, 2009)

If you're serious about this, get married and apply for the CR-1 visa. It's a lot of paperwork, but do it right and you'll be able to enter the US without any restrictions (yes, you'll be able to work, and unlike employment-based VISAs you won't be kicked out if you don't have a job or something).

You and/or your spouse are going to need to provide evidence of either a USD income of poverty line +125% (so around $20000 USD or so) or three times that amount in assets. (Cash, real estate, etc. Vehicles don't count.) Or, you have to have a kind friend or relative who will sign an affadavit of support to co-sponsor you.

I have just moved to the US from Australia. Started the whole process mid-late February, and my visa was issued at the beginning of August. My co-sponsor bailed on me after reading what they were signing up for, and we didn't have a USD income, but luckily I was able to scrape up enough assets to satisfy the requirements.


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## d0mino (Sep 20, 2009)

Thank you all for your helpful responses! 

We have recently bought an apartment, even though its a loan from a bank that should still count as an asset?


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## Fatbrit (May 8, 2008)

d0mino said:


> Thank you all for your helpful responses!
> 
> We have recently bought an apartment, even though its a loan from a bank that should still count as an asset?


It's an asset. But you take the market valuation and subtract the unpaid loan amount from it to get the worth of the asset. For some in today's market, the asset is a liability!


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## Eastgate (Sep 21, 2009)

d0mino said:


> Thank you all for your helpful responses!
> 
> We have recently bought an apartment, even though its a loan from a bank that should still count as an asset?


Fatbrit already answered this, but I'd recommend checking with the US consulate (or reading the paperwork) to see what things you can and can't use as assets to see what might apply to you.

Also, aside from the official documentation which you need to read, have a look at a website called ******* for some info from people who've made the move.


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