Results 1 to 2 of 2
  1. #1

    Default File the Forms Before or After

    I am a US citizen, currently living in Australia. My husband is Australian.

    We are looking to move back to the US. From what I gather, we need to fill out the form I-130 for him to get residency.

    Am I correct in understanding though, that if he files that from Australia, he will have to wait an unmentioned period of time before he enters the US, but if he goes to the US legally (so like a 6 month visitor visa) and files from the US, he is allowed to stay?

    What is the best thing to do, as we'd like to get there sooner rather than later.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: File the Forms Before or After

    Your spouse should resolve the issue of whether he continues to hold U.S. Citizenship before proceeding as if he does not.

    Entering on a tourist visa with the intent of staying is an act of fraud, and making fraudulent statements to gain access to the United States can get somebody banned from entering the U.S. for life. I thus don't personally find it to be a particularly good idea to bring a spouse in on a tourist visa (tourist visas involves affirming that you have no intent to immigrate) and then to try to adjust his status and seek permanent residency.

    1. Sponsored Links
       

Similar Threads

  1. Replies: 3
    Last Post: 05-13-2011, 01:31 AM
  2. Filing a Complaint: What Forms Do I Have to File for Breach of Contract or Fraud
    By fabiocao1980 in forum Civil Procedure
    Replies: 2
    Last Post: 08-12-2009, 07:30 PM
  3. Marriage: What Other Forms Can I File While Waiting?
    By smustudentx in forum Visas for Business, Tourism and Family
    Replies: 2
    Last Post: 10-23-2008, 01:52 PM
  4. Debt Collectors: Help Finding the Right Forms to File
    By kita427 in forum Debts and Collections
    Replies: 1
    Last Post: 10-27-2007, 12:22 PM
  5. Disabilities and Accommodation: Employers Forms Versus Standard State Workers Comp and Federal FMLA Forms
    By raidernick in forum Employment and Labor
    Replies: 5
    Last Post: 01-23-2007, 02:10 PM
 
 
Sponsored Links

Legal Help, Information and Resources