# Want to move to west coast USA



## kelhorch (Apr 11, 2016)

Hi Everyone! 
My husband and I (plus two children) would really like to move to the US, even for a just a year. We've been before and loved the states. 
My FIL is actually American but he lives in Australia with dual citizenship. We were hoping his citizenship would pass down to his children but from the research I've done this is only the case if he lived in the US still? 
Can anyone shed any light on this for me? We do still have family in the US who would help us get on our feet etc. 
Thanks!


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## Crawford (Jan 23, 2011)

Read the following to see if your husband qualifies as US citizen:

https://www.uscis.gov/us-citizenship/citizenship-through-parents

"Other" relatives cannot assist in sponsorship.

Unless your FIL has lived in the US at specific times of his life then he cannot pass on US citizenship to his children and/or the children are under 18 (which presumably your husband is not)


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## BBCWatcher (Dec 28, 2012)

Kelhorch, if your husband can be recognized/documented as a U.S. citizen, obviously that'd make things a lot easier. You could then immigrate with him to the United States fairly quickly. He would file a petition, and after several months (typically) you'd all head to the U.S. (perhaps to join him if he's the "advance scout").

Failing that, your father-in-law could move to the United States (at least at some point in time -- he might not need to be a U.S. resident to file a petition) and sponsor his adult son (your husband), you, and your minor children for immigration to the United States. You would all fall under "Family Third Preference" category F3, and there is an annual quota of 23,400 for that category. Meaning, there's a waiting list, unfortunately. According to the latest visa bulletin (as I write this) at least one F3 family applied over 11 years ago and was just recently approved. If the future is exactly like the past, the waiting time could be as long as that. I've seen other reports suggesting that a typical wait for F3 Australians is 3 years, but it just really depends on supply and demand within that F3 quota. Suffice it to say it's not overnight, but then again nothing would be.

Another option is that you and/or your husband may be eligible to apply for the Diversity Visa Lottery when that opens in October. There's no fee to enter the lottery through the official government Web site (don't use any other), and you and/or your husband can enter every year until your number gets drawn. Australians have had rather good luck getting such visas, from what I've seen.

Australians are also quite fortunate in being the only foreigners eligible for E-3 visas. That's a popular way for Australians to get into the United States and, if they wish, to stay in the United States. (An E-3 is renewable indefinitely.)

The last three options (at least) can all be pursued concurrently, in parallel, if you wish. They are not mutually exclusive. As one example, as you're waiting for an F3 petition, you and your husband can enter the Diversity Visa Lottery every year. That said, the E-3 requires "non-immigration intent," so you have to be a little careful with that. In other words, when you apply for or renew an E-3 at that time, for that visa, you must have the intention to leave the United States at some point in the future. But, _also in the future_, you can have the intent to immigrate to the United States. It is possible to hold both intentions simultaneously and to express yourself accordingly, but you just have to keep those concepts a bit separate that way. Hopefully that made sense.


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## kelhorch (Apr 11, 2016)

Thanks for your advice! 
My husband is definitely not under 18 anymore, ha ha, we're only 27 so plenty of time to move and enjoy ourselves. 
While I have an diploma and work as a nurse in a hospital on a surgical ward, I'd need to upgrade to a bachelor degree then some additional study to be able to work in the US as a nurse. At least 3 years study, this is in my plan but with a baby under 1 its a bit difficult at the moment. My husband has worked in the sheetmetal industry for a while now, approx 8 years he doesnt meet the 12 years in a trade required for a Visa. 
Ive spoken with my FIL who is going to speak to the appropriate officals today for us to see where we stand. My FIL didnt arrive in AUS until January and he turned 16 in the following April. He was returned to visit but I am thinking we may still be a few months shy for the 'at least 2 years past his 14th birthday in the states' required amount.
Like i said we are both still young, I'll see what happens today with the phone call and we'll continue to save for pur next holiday in the meantime. 
Thanks again! 
Any additional advice is appreciated!


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## BBCWatcher (Dec 28, 2012)

Wow, it sounds like your father-in-law is at least _very_ close to qualifying. Please do check that out with him carefully, and count every day, every hour. 

The U.S. embassy/consulate would require a _reasonable_ standard of proof to demonstrate that he met that minimum U.S. residence in order to have passed citizenship onto his son. If you find he might be one hour shy (or something like that), don't sweat that too much. If the evidence is highly suggestive he met the standard, that should be fine. Of course he can't lie, but if he's genuinely not sure, he should let the documentary evidence speak for itself.

Good luck!


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## crshedd (Apr 13, 2016)

heck, ted cruz did it so why couldn't you?


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