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

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

    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!

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