1) I am on H1b 2) Just got married to a US citizen 3)We are moving to Australia soon 4)What to do?

[johankar01]

My questions are two fold so thanks for your patience in advance.

1. I officially got married to a U.S. citizen in August 2012. I am currently on H1B visa which is valid until September 2015 but I plan to resign from my current position as I've been offered a position in Australia. The catch is our wedding reception in the U.S will be on October 20, 2012. Can I end my employment on October 17 and leave the U.S. on October 26, 2012 for Australia without jeoparadizing my future spouse visa application? My fear is that my employer could ask me to leave after I give my two week notice. In that case, I will be out of status from October 3 till October 26.

2. I held off on filing an adjustment of status petition and a green card application through my american citizen spouse as I will live in Australia at least in the next two years. What is the best course of action to take so that I can return to the U.S. (say in three years)? Spouse visas (IR1 or CR1) seem to be the option but I am confused as to when and where I can/should apply for this visa. Can we file a petition for this visa type in Australia or I will have to go back to my home country? What about my wife? Will she have to be residing in the U.S. at the time when we file a spouse visa application? I hear that once you are married to a U.S. citizen, it is almost impossible to get a tourist visa to return to the U.S. to see friends and family. Is there any truth to this?

Thanks in advance for your answers!

 

[easteuropean]

My questions are two fold so thanks for your patience in advance.

1. I officially got married to a U.S. citizen in August 2012. I am currently on H1B visa which is valid until September 2015 but I plan to resign from my current position as I've been offered a position in Australia. The catch is our wedding reception in the U.S will be on October 20, 2012. Can I end my employment on October 17 and leave the U.S. on October 26, 2012 for Australia without jeoparadizing my future spouse visa application? My fear is that my employer could ask me to leave after I give my two week notice. In that case, I will be out of status from October 3 till October 26.

2. I held off on filing an adjustment of status petition and a green card application through my american citizen spouse as I will live in Australia at least in the next two years. What is the best course of action to take so that I can return to the U.S. (say in three years)? Spouse visas (IR1 or CR1) seem to be the option but I am confused as to when and where I can/should apply for this visa. Can we file a petition for this visa type in Australia or I will have to go back to my home country? What about my wife? Will she have to be residing in the U.S. at the time when we file a spouse visa application? I hear that once you are married to a U.S. citizen, it is almost impossible to get a tourist visa to return to the U.S. to see friends and family. Is there any truth to this?

Thanks in advance for your answers!

Q1) you should be fine with 1-2 weeks of presence in the US beyond your last employment day. First of all, "out of status" is technically only a problem if you plan to change your status while remaining in the U.S., which you don't plan to do - you plan to depart. "Illegal presence" is a more serious problem, but it only starts to accumulate once you remain in the U.S. past the date on your I-94 - for you this one is sometime in 2015.

Q2)

First step for her is always to file I-130 with USCIS.
Then there two options for you:
1. if you are in the US, you can file for adjustment, concurrently with the I-130.
2. if you are outside US, you have to wait for the I-130 to get approved, before you can file for immigrant visa. This can happen either in your home country, or any third country that you are "permanently" in (working long term should also count - but check with the US consulates, they may have special rules).