help aussie married to US citizen w/ child from previous relationship

[sarahbunny]

Hi there,

I was hoping someone on here could help me out give me some advie or links to get me started.

I'm a australian, married to a US citizen. We are currently living in australia - however we are looking at moving back to the united states ( california )

I have a child from a previous relationship ( he is 3 years old ) - how does he get in with us? he isnt formally adopted by my husband, should we do this? what catagory would my son be classed at?

what would be my best starting point, how much is this going to cost, how long will it take.

And if we have a child together in australia, do we have to apply for that child also? or would that child be a automatic US citizen since his father is? so much and so confusing and so differnt to australian immigration.

Also, i see the forms that he has to use for me as his spouse, the affidavit of support - he isnt working in the united states, he does work on and off here in Australia - so does that mean he can't apply for me if he isnt working?

so many questions i know but this is a huge thing and i have no idea where to start

anyone who can help i would apprieaciate it.

sarah xo

 

[Jackolantern]

I have a child from a previous relationship ( he is 3 years old ) - how does he get in with us?

A US citizen can file for minor stepchildren without formal adoption. Your son would be classified as an Immediate Relative, just like you would, and be able to immigrate at the same time as you.

And if we have a child together in australia, do we have to apply for that child also? or would that child be a automatic US citizen since his father is?

The child may or may not be a citizen at birth, depending on whether certain criteria are met. The birth should be promptly reported to the US consulate in order to secure the child's citizenship with minimal headaches.
See http://travel.state.gov/law/info/info_609.html

Also, i see the forms that he has to use for me as his spouse, the affidavit of support - he isnt working in the united states, he does work on and off here in Australia - so does that mean he can't apply for me if he isnt working?

Unless the consulate will accept Direct Consular Filing from him, he is expected to move to the US, get a job in the US, and then file for you and your child. However, the income requirement can be reduced or eliminated with sufficient assets. Every $5000 in acceptable assets reduces the income requirement by $1000. With approx $115K in assets, he won't need any income for a family size of 3 (i.e. himself, you, and your 3-year old).

 

[sarahbunny]

hi there,

sorry im making another post i seem to have lost the other one.

I just had a couple more questions.

How much does he need to be earning to be able to support us 3? and is there a period of time he has to be working to ensure the visa gets approved?

And also, does he HAVE to be the supporter? or can someone in his family etc be a co-supporter?

Its just in Australia - anyone could be the supporter, a family memeber or friend - in the cases that the partner might not earn enough etc.

Thanks for taking the time to read through this.

Sarah

 

[sarahbunny]

hey again,

ive been back on the website and found out the poverty rates etc so im covered with that. And also with the co-sponser question.

My only remaining question is, how long is he going to have to be employed for it to go through smoothly????

Thanks

 

[Jackolantern]

He just needs to be employed when he files the papers, and still employed when you do the interview. But make sure he gathers up US tax returns from prior years in Australia, or file them if he hasn't already filed them. They require tax returns or transcripts from the sponsor, and even though he was living in Australia he was supposed to file US tax returns on worldwide income. Although the various tax treaties and foreign income exemptions/credits means he probably wouldn't have to actually pay any US taxes unless he has very high income, he's still supposed to file the US tax returns then and use those treaties and exemptions to cancel out the US tax liability.