Hazlehurst, 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.  

Generally a U.S. citizen may sponsor a spouse in a marriage-based adjustment of status application if the foreign national spouse entered the U.S. lawfully and with inspection, such as with an F1 student visa for an MBA program. This is true even if the U.S. citizen spouse may be unemployed and receiving unemployment benefits. If the U.S. citizen's income is insufficient to meet the legal requirements, however, it may be necessary to have a "joint sponsor" for the application process. Generally a joint sponsor may be any U.S. citizen or Permanent Resident who has sufficient documentable income and who is willing to assume the responsibilities contemplated in the Affidavit of Support. Of course, there are other details that can impact eligibility for a marriage-based immigration application. It would be wise for you and your fiance to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.

More facts are needed to sufficiently answer your question. For instance, is your sister in the US? What is her status? What is your sister's son's status? There are several possible options, but without more information, I am unable to provide you a sufficient answer.