I-130 declined

[Djuna]

I am a NZ citizen living in Australia. My US citizen husband has been living here with me for the past 2 1/2 years and when we applied for my visa to go to the US, it was declined because he hasn't been working and has no-one to provide Evidence of Support.

He's going back to the US next month to look for a job so he can sponsor me. I phoned the US Consulate in Sydney and they told me I couldn't go with him on the VWP because immigration in the US will think I am going to stay there illegally.

Is this true? Do I have to stay here in Australia alone while he looks for a job?

[PraetorianXI]

It is going to be very hard for you to enter the USA under VWP or a tourist visa because of your husband being an US Citizen.

He can file for your GC as soon as you enter the US, so the best for you would be him filing for a K-3 visa for you, he can find a co-sponsor to sponsor you too.