# Relocating from Australia to USA



## GRETZKY427 (Jan 5, 2013)

Hi all, myself (31yrs) and my wife (27ysr) are Australian citizens living in Australia and although we would like to move to Canada but also considering the US, what options do we have ?

I have 8.5yrs experience in the Retail Industry, along with my current role 4yrs in the IT Industry (Deployment Systems Engineer) as my wife has 8yrs experience in the Finance Industry (Creditor/Accounting)

Do we have any visa options to relocate to the US from Australia, as a long shot would it have maded a difference the fact that we got married in the US, marriage recognized legally in the US ?

Appreciate any help that can be given


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## BBCWatcher (Dec 28, 2012)

GRETZKY427 said:


> ....as a long shot would it have maded a difference the fact that we got married in the US, marriage recognized legally in the US ?


Aside from a marriage (or "marriage") in a jurisdiction known to commonly issue fraudulent marriage certificates, no, no difference. Though the U.S. may be grateful for your tourism spending in the U.S. to hold your wedding, the location of your wedding is not a factor in deciding your eligibility for a visa.


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## GRETZKY427 (Jan 5, 2013)

No its legal we did all the background check prior, aside from this are they any other options with us ?


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## BBCWatcher (Dec 28, 2012)

There are all the usual U.S. visa options for an Australian (foreign) couple which can generally be summarized with the word "difficult." There is no additional U.S. visa category for Australians who happen to have been married specifically in the U.S.

As one option, you could apply for the next Diversity Visa Program (i.e. visa lottery). In the 2013 round over 1,000 Australians got their lucky tickets. That program offers roughly a 1% chance of getting a visa.


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## GRETZKY427 (Jan 5, 2013)

Diversity Visa Program we just may enter, you gotta be in it to win it.

What the site for to fill in an application form, etc ?

I looked a the other US Visa options seems our only chance is to get a job offer prior to moving there, although do the US have a Working Holiday Visa, up to what age ?

Appreicated.


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## BBCWatcher (Dec 28, 2012)

The U.S. has programs similar to Australia's working holidays, but they're somewhat narrower in scope and more rigid in their qualification requiremens. Examples include the Student Work and Travel Program, the Summer Work and Travel Program, and the general exchange visitor visa category. You can read up on those programs at the above referenced USCIS site.


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## GRETZKY427 (Jan 5, 2013)

BBCWatcher said:


> The U.S. has programs similar to Australia's working holidays, but they're somewhat narrower in scope and more rigid in their qualification requiremens. Examples include the Student Work and Travel Program, the Summer Work and Travel Program, and the general exchange visitor visa category. You can read up on those programs at the above referenced USCIS site.


I think they are some i may have read about looked like there only valid from 18-30yr olds...what is it with not excepting people from 31+ as im only 31...


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## BBCWatcher (Dec 28, 2012)

The same question would be directed at the Australian government if there's an age restriction since the policies tend to be reciprocal, and Australia is one of the countries pushing for such programs.


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## GRETZKY427 (Jan 5, 2013)

Ive applied for some jobs in San Francisco, one has email contacted me and wants to talk more about my resume, possible suiting for this job.

If i can get a job offer then myself and my wife would be fine immigrating to the US then.


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## twostep (Apr 3, 2008)

GRETZKY427 said:


> Ive applied for some jobs in San Francisco, one has email contacted me and wants to talk more about my resume, possible suiting for this job.
> 
> If i can get a job offer then myself and my wife would be fine immigrating to the US then.


You need a job offer, the employer must be willing to sponsor your visa and you must qualify for the visa. You will not immigrate but be tied to your visa and job.


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## Bevdeforges (Nov 16, 2007)

Just be careful and when talking to a potential employer in the US, ask if they have ever sponsored a job candidate before. Some small employers don't realize the process involved (it takes a crack legal staff to negotiate all the paperwork) and either say they will "take care of it" before knowing what they can and can't do - or they make an offer and then tell you to arrange the visa (which you can't do).

If it's a company that has done visa sponsorships in the past, you're in a better position.
Cheers,
Bev


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## GRETZKY427 (Jan 5, 2013)

So as long as the employer has a Sponsorship Program associated with there work business then this will be fine, but also make it alot easier for my wife and i to move to the US.


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## GRETZKY427 (Jan 5, 2013)

Ive received an email from the job agency recruiter in San Francisco asking if i am eligible to working in the United States? what do they exactly mean?

I emailed back saying that i will need either Letter of Employment so i can apply for a Working Visa or for the business to Sponsor me.


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## twostep (Apr 3, 2008)

GRETZKY427 said:


> Ive received an email from the job agency recruiter in San Francisco asking if i am eligible to working in the United States? what do they exactly mean?
> 
> I emailed back saying that i will need either Letter of Employment so i can apply for a Working Visa or for the business to Sponsor me.


It is a standard phrase. You are not eligible to work in the US unless you have a visa.


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## BBCWatcher (Dec 28, 2012)

To elaborate, it is illegal for a U.S. employer to ask questions about an applicant's citizenship, national origin, etc. The correct, legal way to ask the relevant question is "Are you eligible to work in the United States?" (or some close variation).

If a U.S. employer ever asks you a question about your citizenship, national origin, race, gender, age, religion, marital status, number of children, etc. then you should politely decline to answer the question. Such questions are well out of bounds. For example, if an employer asks, "Are you a U.S. citizen?"(*) then one way to handle that politely is to say something like, "I'm sure you meant to ask whether I am eligible to work in the U.S. The answer to that question is...."

(*) There are a few narrow exceptions relating to security clearances for certain sensitive jobs. However, that's still not the right way for an employer to ask the question in such circumstances. The correct way would be something like this: "I should mention that this position requires a U.S. security clearance, and the level of clearance required can only be granted to U.S. citizens. Do you have a current U.S. security clearance? If not, do you think you would be eligible for the appropriate security clearance?"


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## twostep (Apr 3, 2008)

These questions can be asked under certain circumstances. Plus a halfway skilled interviewer can get them answered without direct questions.


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## Bevdeforges (Nov 16, 2007)

GRETZKY427 said:


> I emailed back saying that i will need either Letter of Employment so i can apply for a Working Visa or for the business to Sponsor me.


Basically, you can't apply for a work visa. The initiation of the process has to be done by the employer. (And it isn't a particularly easy, nor cheap process.)
Cheers,
Bev


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## BBCWatcher (Dec 28, 2012)

"Illegal" is slightly strong but only slightly. _In general_ pre-employment inquiries that touch various "third rails" can be prima facie evidence of illegal discrimination. For more complete information, visit the U.S. Equal Employment Opportunity Commission.


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