Quitman, GA Immigration Law Firms & Lawyers

The US allows dual citizenship with Australia. If you move to Australia and become an Australian national, you will not lose your US citizenship. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  

It depends on your wife's status and how she entered the US. If she overstayed a visa, it will be forgiven under section 245(a). If she entered EWI, she will need to be grandfathered for section 245(i) or will need to leave the US and apply for a waiver along with her immigrant visa application. The waiver is discretionary and granted based on an extreme and unusual hardship to a US citizen spouse or child.

A foreign national who legitimately enters the U.S. on a visitor's visa and then becomes engaged to be married to a U.S. citizen, generally may become married in the U.S. and apply to adjust status to become a Lawful Permanent Resident (to get a "Green Card"). This is true regardless of whether the foreign national spouse may have overstayed an initial visa. Note, however, that the timing of the engagement, marriage and application can be quite important to avoid the risk that the USCIS might incorrectly conclude that the foreign national entered the U.S. fraudulently on a visitor's visa while intending, at the time of entry, to marry and remain permanently in the U.S. It would be wise to consult with an immigration attorney who, after learning all of the relevant details about the foreign national and about the relationship, would be able to advise about immigration eligibilities, options and strategies.