DCF in Sydney - How to prepare?

[kaffy 2]

Hi all,

I am a dual Australian-Taiwanese citizen.

I moved to Japan in August 2005 for work and met my husband (USC) there.

In February 2007 we were married on paper in Japan (wedding ceremony was held in July in Hawaii)

In March 2007 we applied for his Aussie spousal visa through the Tokyo embassy and it was a fairly quick and painless process, if I remember correctly we received his visa around 8 weeks after filing.

In August 2007 we both finished our work contracts in Japan and he moved to Australia with me.

We initially wanted to settle here, raise a family, etc but have now decided we would like to be closer to his family and so we're looking at applying for my US spousal visa and moving over there.

My husband will obtain his Aussie PR in May 2009 so we would be looking at moving over sometime after July/August 2009.

How early would I need to start the application process? and is there anything I can begin preparing now?

Thanks in advance!

[Chica Yeyé 41]

You might want to for DCF. Has the USC maintained residential ties to the US? Has he filed tax returns with the IRS all these years? Begin by gathering evidence of bonafide marriage, joint bank accounts (or things showing commingling of assets), utility bills, etc.

[kaffy 2]

thanks for ur info!

Has the USC maintained residential ties to the US? Has he filed tax returns with the IRS all these years?

He's been living outside of the US since 2004 but has filed tax returns with the IRS each of these years.

What do you mean by maintaining residential ties to the US?

[CarolynRitesh 0]

Way to be prepared Kaffy, I wish I had done the same so far in advance! I would say the best thing (after reading the guides!) is keep up with what the American Embassy in Australia says about filing an I-130 - that could change in the next year or so as govt. things are bound to do!

I found some really interesting and helpful checklists on their website last month, take a look at their requirements, etc. so that you know what you need to gather.

Len and Bren is right, make sure your hubby keeps up with filing his US taxes (we all have to do it, even if we don't owe anything!) They ask for the previous year's 1040, and reported income for the previous 3 years.

For domicile, make sure that he keeps up or obtains a current Driver's License (I keep mine at my parent's address) and a stateside bank account are also good proofs of domicile. (He could ensure that those are up and running on a trip home before you start the process!)

The biggest thing for DCF is proof of on-going income - our income outside the US doesn't count. Unless using a joint sponsor, you guys would (for this year, it goes up every year!) need $52,500 in assets such as CDs, bank accounts, property, etc.

I don't know about Australia, but we just did ours in India, and the whole process from filing the I-130 to getting the visa took 8 weeks and 3 days. Check the timelines for Australia DCF to see what they average. Once you get the visa, you have 6 months to use the visa to enter the US for the first time, so you can plan when you submit and give yourself enough lee-way for unexpected events!

Good luck!

[kaffy 2]

Congrats on having your visa approved! and thank you so much for such an informative post!!

I know a lot can change in a year but I do hope that I can still file the I-130 with the embassy here next year.. the process sounds much less complicated than filing in the US!

For domicile, make sure that he keeps up or obtains a current Driver's License (I keep mine at my parent's address) and a stateside bank account are also good proofs of domicile. (He could ensure that those are up and running on a trip home before you start the process!)

Yes, he still has his Washington state drivers license with his parents' address listed as his residence. He also has two bank accounts still active too.

The biggest thing for DCF is proof of on-going income - our income outside the US doesn't count. Unless using a joint sponsor, you guys would (for this year, it goes up every year!) need $52,500 in assets such as CDs, bank accounts, property, etc.

If income outside the US doesnt count we will probably need to use a joint sponsor. Can we use immediate family members (i.e. parents)?

thanks again!

[Chica Yeyé 41]

Joint sponsors can be family members or friends, no worries. The USC would remain the primary sponsor nonetheless.

As for proof of domicile; they would take into account whatever ties he maintained in the US: credit cards, Driver's License, Voters' Registration; etc. Showing intent to return and live in the US material.