Leslie Massey
Australian citizens in a civil partnership with a US citizen can apply for a Green Card (permanent residency in the US). To do so, the US citizen must file a Form I-130, Petition for Alien Relative, and the Australian citizen must submit an official civil record to establish that the marriage is legal and valid. If an official civil record cannot be produced, secondary evidence may be accepted on a case-by-case basis. If the couple has been married for less than two years when the Australian spouse is granted permanent resident status, the status will be conditional, and they must apply to remove the conditions using Form I-751. Australian citizens are also eligible to apply for the US diversity visa program (the 'green card lottery'), which issues 55,000 immigrant visas each fiscal year to randomly selected applicants.
| Characteristics | Values |
|---|---|
| Who can apply for a Green Card? | U.S. citizens or Green Card holders |
| What is the eligibility criterion? | Immediate relative of a U.S. citizen |
| What is the application process? | Submit Form I-130, Petition for Alien Relative, and Form I-485, Application to Register Permanent Residence or Adjust Status |
| What are the supporting documents required? | Divorce decrees, death certificates, annulment decrees, passport-style photos, evidence of legal name changes, and civil records |
| Are there any fees? | Yes, filing fees are final and non-refundable |
| Is there a minimum duration of marriage required? | Yes, spouses must have been married for at least 2 years for unconditional permanent resident status |
| Is a U.S. criminal history check required? | Yes, applicants must apply to the FBI directly |
| Is COVID-19 vaccination documentation required? | No, as of January 20, 2025, it is no longer required for immigration medical examinations |
| Can Australian citizens apply for the U.S. diversity visa program? | Yes, commonly known as the green card lottery |
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What You'll Learn
Civil partnerships are not recognised as marriages in the US
Australian citizens are eligible to apply for the U.S. diversity visa program, commonly known as the green card lottery. However, it is important to note that civil partnerships are not recognised as marriages in the U.S. by the United States Citizenship and Immigration Services (USCIS). This is the case even if the civil partnership is valid in the place of celebration.
In the U.S., a civil union is a legally recognised status almost identical to marriage. On the other hand, a domestic partnership does not confer the rights and responsibilities of marriage, and is not recognised by the federal government. Domestic partnerships are determined by each state or local jurisdiction, so there is no nationwide consistency on the rights, responsibilities, and benefits accorded to domestic partners.
Since 1999, the West Coast states of California, Oregon, Washington, and Nevada have all passed domestic partnership statutes. In 2003, California's Domestic Partner Rights and Responsibilities Act added nearly all the state rights and responsibilities of marriage to domestic partnerships. This took effect in 2005, and in 2007, domestic partnerships were allowed to change their surnames and jointly file state income taxes. Since 2009, both opposite-sex and same-sex couples have been able to enter a designated beneficiary agreement, granting them limited rights.
In 2013, the Supreme Court held that limiting the terms "marriage" and "spouse" to opposite-sex marriages for purposes of federal laws was unconstitutional. As a result, USCIS determines the validity of a same-sex marriage by the place-of-celebration rule, just as it does for opposite-sex marriages.
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Applicants must be a US citizen or Green Card holder
To bring your spouse to live in the United States as a Green Card holder, you must be either a US citizen or a Green Card holder yourself. This means that if you are an Australian citizen or permanent resident in a civil partnership with a US citizen or Green Card holder, you can apply for a Green Card.
To do so, you must submit Form I-130, Petition for Alien Relative, along with the necessary documentation, including passport-style photos, evidence of legal name changes, and proof that all previous marriages have been terminated. If you have been married for less than two years when your spouse is granted permanent resident status, their status will be conditional, and you must apply to remove these conditions by filing Form I-751 within 90 days of the expiration date on their conditional resident card.
It is important to note that common-law marriages or civil partnerships may not be recognized as valid marriages for immigration purposes. The applicant must provide official records or secondary evidence of their valid marriage.
Australian citizens are also eligible to apply for the US Diversity Visa Program, commonly known as the Green Card Lottery, which issues 55,000 immigrant visas each fiscal year through a random draw.
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Applicants must prove their relationship is valid
To apply for a Green Card as an Australian citizen, you must be the spouse of a U.S. citizen or Green Card holder. This includes marriages conducted as civil unions or domestic partnerships, as long as they are recognised as marriages in the place of celebration.
To prove the validity of your relationship, you must submit an official civil record with your application. This can include a marriage certificate, which will also serve as evidence of a legal name change if relevant. If an official civil record is not available, secondary evidence may be accepted on a case-by-case basis. An officer may request an original record if there is any doubt about the authenticity of the submitted record.
If you have been married for less than two years when your spouse is granted permanent resident status, the status will be granted on a conditional basis. To remove these conditions, you and your spouse must apply using Form I-751, Petition to Remove the Conditions of Residence. You must apply within the 90-day period before the expiration date on the conditional resident card.
Additionally, you must provide passport-style photos of yourself and your spouse, and copies of all divorce decrees, death certificates, or annulment decrees that demonstrate that all previous marriages have been terminated.
It is important to note that Australian citizens are also eligible to apply for the U.S. diversity visa program, commonly known as the green card lottery. This program issues up to 55,000 immigrant visas each fiscal year to randomly selected applicants.
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Applicants must submit Form DS-117
To apply for a returning resident status, applicants must submit Form DS-117, also known as the Application to Determine Returning Resident Status. This form is used to apply for a special immigrant visa for those who have spent a long time outside the country due to circumstances beyond their control.
Form DS-117 must be submitted to the nearest U.S. consulate or embassy, and applicants are required to appear in person to finalize their application. The form can be found on the U.S. Embassy & Consulates in Australia website and must be emailed in PDF format. In Section 3 of the form, applicants should include their Australian home address, telephone number, and email address.
Along with Form DS-117, applicants must provide supporting documentation, including their permanent resident card and re-entry permit if available. They must also present evidence of their ties to the United States and their intention to return. This evidence can include tax returns, ownership of property and assets in the U.S., maintenance of U.S. licenses and memberships, and ties to family members in the U.S.
It is important to note that simply submitting Form DS-117 does not guarantee approval for a returning resident status. The applicant will be interviewed, and their supporting documents will be reviewed. They will be notified soon after the interview whether their application has been granted or refused.
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Applicants may stay in the US while their application is pending
Australian citizens are eligible to apply for the U.S. Diversity Visa Program, commonly known as the Green Card Lottery. This program issues up to 55,000 immigrant visas each fiscal year to applicants who are randomly selected.
If you are in the process of applying for a Green Card, you may be able to stay in the U.S. while your application is pending, thanks to the Adjustment of Status provision. This provision allows eligible individuals to apply for permanent residence without returning to their home country. By filing Form I-485, Application to Register Permanent Residence or Adjust Status, applicants can continue living in the U.S. during the application process. It is important to note that there may be some travel and work restrictions at the beginning of this process. While waiting for their Green Card, applicants may apply for an Employment Authorization Document (EAD) or work permit, which allows them to work legally in the U.S.
It is crucial to maintain lawful status and avoid any criminal activities during this period, as any violations may jeopardize the application. Additionally, applicants should be aware that travelling outside the U.S. while their application is pending may be considered abandoning it, resulting in immediate denial. For those who need to travel, it is essential to obtain Advance Parole, which permits re-entry into the U.S. without compromising the pending application.
Navigating the immigration process can be complex, and applicants are advised to consult with immigration or legal professionals for the most up-to-date and accurate guidance regarding their specific situation.
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Frequently asked questions
The process for an Australian citizen to apply for a US Green Card is the same as for any other applicant. The applicant must be eligible for adjustment of status, be present in the United States, and have been "inspected and admitted" or "inspected and paroled" by an immigration officer. There are some exceptions to this rule, which can be found in the USCIS Policy Manual Volume 7.
Marriage is not a requirement for a US Green Card application. However, if you are applying as the spouse of a US citizen, you must provide official documentation to establish that the marriage is legal and valid.
Filing fees are final and non-refundable, and the amount varies depending on the specific type of application.
Under most circumstances, you may stay in the US while your application is pending, but there will be some travel and work restrictions.
Outside of a few specific categories, there is generally no avenue to self-sponsor yourself for permanent residency in the USA as an Australian citizen.
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