Help with filing in Australia

[BlueB 0]

Hi all,

i'm new here and trying to make sense of everything. I read on another thread that Australia is one of only a few countries where there weren't any residency requirements for the the USC!

I take it that's changed again? I'm in such a pickle as i try to call the consulate in Sydney and they say there's no one I can speak to over the telephone!

I'm Australian, living here and my Fiancee is American, living in LA. We got told by an immigration lawyer in December that i didn't need a visa as we're covered under the visa waiver program, but they warned me to not mention getting married when i entered the states. the way it was explained was believeable! However, the more we've looked into it and the closer our wedding date gets (sep 19th!!) the more we started doubting what we'd been told. Turns out it's a load of **** and I either need a fiancee visa (which takes 8 months currently) or we get married then file a petition (another 8-12 months) before I'm allowed in!

Finally I think I've seen the light and found out about the DCF, only to find out that we NOW have residency restrictions?? Is this correct?

Can anyone help or give advice on waht the hell we should do now?

[loz9 0]

Hi all,

i'm new here and trying to make sense of everything. I read on another thread that Australia is one of only a few countries where there weren't any residency requirements for the the USC!

I take it that's changed again? I'm in such a pickle as i try to call the consulate in Sydney and they say there's no one I can speak to over the telephone!

I'm Australian, living here and my Fiancee is American, living in LA. We got told by an immigration lawyer in December that i didn't need a visa as we're covered under the visa waiver program, but they warned me to not mention getting married when i entered the states. the way it was explained was believeable! However, the more we've looked into it and the closer our wedding date gets (sep 19th!!) the more we started doubting what we'd been told. Turns out it's a load of **** and I either need a fiancee visa (which takes 8 months currently) or we get married then file a petition (another 8-12 months) before I'm allowed in!

Finally I think I've seen the light and found out about the DCF, only to find out that we NOW have residency restrictions?? Is this correct?

Can anyone help or give advice on waht the hell we should do now?

I just wrote a response and the internet ate it. Grr!

Hi! sorry to hear you're having trouble. My (now) husband, who is Australian, came to the US under the VWP to get married. It's just important that you show you have plans to return to Oz..and don't mention the wedding. He had his return ticket and proof that his work was expecting him back. No issues at all. (That was with me moving to Australia after the wedding though)

BUT..do you plan on living in the US? That might cause issues. I'm not sure which visa you should apply for, but you will need one. K1 or other.. You might want to head over to the Aussie board here and ask them their opinions. I'm applying for a K3 spouse visa, so I'm not sure how things work for non-married people. A lot of the girls (and guys?) over on that board are applying for K1s and other visas. They may be able to give you better advice, timelines, etc.

I hope things go a bit better for you. Good luck!

Edited May 21, 2008 by loz9

[BlueB 0]

I just wrote a response and the internet ate it. Grr!

Hi! sorry to hear you're having trouble. My (now) husband, who is Australian, came to the US under the VWP to get married. It's just important that you show you have plans to return to Oz..and don't mention the wedding. He had his return ticket and proof that his work was expecting him back. No issues at all. (That was with me moving to Australia after the wedding though)

BUT..do you plan on living in the US? That might cause issues. I'm not sure which visa you should apply for, but you will need one. K1 or other.. You might want to head over to the Aussie board here and ask them their opinions. I'm applying for a K3 spouse visa, so I'm not sure how things work for non-married people. A lot of the girls (and guys?) over on that board are applying for K1s and other visas. They may be able to give you better advice, timelines, etc.

I hope things go a bit better for you. Good luck!

I'm moving there. Thanks so much! jsut seems like every time we have it sorted out, the rug gets pulled out from under us!

thanks again, i'll try the Aussie board.

[kaffy 2]

hey loz9 have you heard back from the Sydney embassy yet?

My husband (USC) is also planning on going back to school so we are looking at starting our DCF through Sydney soon

[loz9 0]

hey loz9 have you heard back from the Sydney embassy yet?

My husband (USC) is also planning on going back to school so we are looking at starting our DCF through Sydney soon

Hi Kaffy! I e-mailed them about a week ago just to follow up and make sure they got our paperwork from Melbourne and they responded on Friday. They said they'd received everything and were just waiting to hear back on the Adam Walsh Name Check. Once they get an answer on that we will be sent an e-mail on how to proceed. They said that should be within the next 2 weeks. In the meantime we are just trying to get some of the supporting documents ready for the next round of forms so we can expedite the process as much as possible. They sent us a link (it's actually on the Canberra consulate's site) with a list of all the necessary documents. I swear I looked all over Sydney's site and couldn't find the equivalent, but who knows. Sometimes I can overlook things (even though I tend to be pretty thorough when it comes to immigration).

When are you guys planning on moving back? Do you think you'll have to be separated? We're not sure if we're going to have to be or not, but it's looking like if we do have to be separated that it won't be TOO long (even though any time is too long IMO). I think it also depends on how quickly we can get all the forms done.

Sorry it took me a few days to respond..I haven't been on too much lately b/c I didn't have an update to give! Best of luck and let me know how you go!

[kaffy 2]

Hey thanks for responding. We were initially planning on moving back next year for him to start school next Fall but he found out he may be eligible for admission this fall which means we might be moving back as soon as (this) August. We have the I-130 appointment with the Consulate next week (which we only arranged today! which means I have a week to get everything together.. crazy huh?!). I too am trying to get as much of the supporting documents together now so that once the I-130 is approved I can be prepared and move quickly through the 2nd stage.

Chances are we will have to be separated for a month or two (which totally sucks.. but it's our fault for doing everything so last minute) since my Japanese police check won't come back for another 2 months. I just hope that I can make it there by September!

How about you guys? When do you start school and how long do you think you will have to be separated?

[loz9 0]

Hey thanks for responding. We were initially planning on moving back next year for him to start school next Fall but he found out he may be eligible for admission this fall which means we might be moving back as soon as (this) August. We have the I-130 appointment with the Consulate next week (which we only arranged today! which means I have a week to get everything together.. crazy huh?!). I too am trying to get as much of the supporting documents together now so that once the I-130 is approved I can be prepared and move quickly through the 2nd stage.

Chances are we will have to be separated for a month or two (which totally sucks.. but it's our fault for doing everything so last minute) since my Japanese police check won't come back for another 2 months. I just hope that I can make it there by September!

How about you guys? When do you start school and how long do you think you will have to be separated?

Ah well that's good that you got an appointment so quickly! The Sydney consulate only takes I-130s once a month right? I was told that my husband didn't need to come with me to file, but he ended up needing to be there (luckily he came with me and was just waiting in the lobby). If you hadn't planned on having both of you there I would do so to be on the safe side.

I start school in August. I applied for a program that I don't have a background in so there was no guarentee I would be accepted b/c they only let in a certain number of people without the background. So we waited until I heard that I was accepted to start the process b/c if I hadn't been accepted then we would have stayed in Australia and could have potentially wasted quite a bit of money on my husband's visa.

Right now I'm thinking we'll end up being apart for maybe a month. Possibly less. It's so up in the air b/c processing times vary. There aren't too many people that I've found on VJ who have done DCF in Australia (mostly K1s), so there's not much to go against. I hate not knowing! I reckon that's the worst part.

Do you know if you have to wait for the second round of forms to start the Australian police check (for the non USC) and medical?? From what I've read I think we have to wait for the medical, but not sure about the police check. Since those can take a while I just want to get them now so I have it ASAP.

Sorry if this post is a bit scatterbrained..I'm trying to do a few things at once.

[kaffy 2]

Funny you ask about the Australian Police Check. I actually went to the local police station last night and they gave me the forms to fill out but then I got to the question of them asking whether it needed to be sent directly to the Embassy and I got stuck. I looked through the information I had and the Document checklist had a Consulate note that said: "Do not to obtain the Australian police certificate unless the instructions are included in this packet". So I told the police station I would have to come back another time. I will ask the Consulate when I am there next week.

We do have some good news, my husband won't need to fly over until August so that means less time for us to be apart! And if I am very lucky with my visa I might even be able to fly the same time as him (I doubt it but there's always hope)

What will you do about the Affidavit of Support? My husband is going back to school full time and so it will be me who is working to support the two of us. We will ask his parents to act as joint sponsors but I'm not sure if his non-employment will affect my visa or not..

by the way- do you have your Aussie PR yet? Mu husband's still considered a Temporary Resident until next May but from what I heard he can apply for the conversion to PR status from overseas since he obtained his TR from overseas (confusing, isnt it)

[loz9 0]

Funny you ask about the Australian Police Check. I actually went to the local police station last night and they gave me the forms to fill out but then I got to the question of them asking whether it needed to be sent directly to the Embassy and I got stuck. I looked through the information I had and the Document checklist had a Consulate note that said: "Do not to obtain the Australian police certificate unless the instructions are included in this packet". So I told the police station I would have to come back another time. I will ask the Consulate when I am there next week.

We do have some good news, my husband won't need to fly over until August so that means less time for us to be apart! And if I am very lucky with my visa I might even be able to fly the same time as him (I doubt it but there's always hope)

What will you do about the Affidavit of Support? My husband is going back to school full time and so it will be me who is working to support the two of us. We will ask his parents to act as joint sponsors but I'm not sure if his non-employment will affect my visa or not..

by the way- do you have your Aussie PR yet? Mu husband's still considered a Temporary Resident until next May but from what I heard he can apply for the conversion to PR status from overseas since he obtained his TR from overseas (confusing, isnt it)

Ahh good to know about the police check. I'll have to wait until the next packet comes.

I think it's the same deal for the medical check. You have to have the forms they send you with the second round packet. I know there are a few doctors who do the medical checks in Melbourne, so I'm sure that wouldn't take too long to get in for an appointment.

We are having my parents be joint sponsors b/c I won't be able to work full time and it's going to be him supporting us. I don't think his non-employment will affect you. As long as you have someone based in the US who is eligible to be a sponsor then you should be set. I know when I came to Australia and went through the immigration process, my in-laws were my joint sponsors b/c my husband didn't make much at the time and that turned out ok!

I don't have my PR yet. My application is being processed though. I submitted everything back in Jan or Feb and haven't heard anything. There was a problem with my police check (I messed up and sent the form to DIAC instead of the police) so that's probably why there's a bit of a delay. I should hopefully hear back within the next month. Mid-July marks two years that I've been here as a temporary resident. Hm..I don't know how his residency would work. I have been told that if you're not living in Oz for a good portion of 10 years after PR is granted that it is revoked? I hope not b/c it'd be a lot easier to travel in and out for extended periods of time as a PR. So confusing isn't it?

I hope we get sent our next round of forms soon. I don't want to be separated! Hopefully your appointment goes smoothly!

[kaffy 2]

Good to know that about the joint sponsors! Good luck with your Aussie PR and his US Spousal visa! Please keep me updated with how it goes!

I am putting together the things I need to take to Sydney next week for the I-130 interview. In regards to #12 Evidence of a valid relationship, do you think the following is adequate:

Documentation showing joint ownership or property- Car purchase agreement, Diamond certificate for my engagement & wedding rings

A lease showing joint tenancy of a common residence- Lease from my father (we have been living with them rent-free)

Documentation showing co-mingling of financial resources- ANZ bank statement, Medibank Private health insurance policy, HSBC bank statement

Affidavits sworn by third parties- mother in law, father in law, sister in law, my mother, plus 3 friends. Total of 7

Any other relavent documentation- Photos, lots of photos. Wedding/birthday/christmas cards. Lots of boarding pass stubs to show evidence of joint travel. Cards which we have exchanged with one another (we never wrote letters or emails because we saw each other everyday right from the start). Pre-marriage counselling exercise books. Copy of our wedding vows.

Is there anything else you think I should include?

Edited June 19, 2008 by kaffy

[loz9 0]

Good to know that about the joint sponsors! Good luck with your Aussie PR and his US Spousal visa! Please keep me updated with how it goes!

.....

Is there anything else you think I should include?

Thanks!! I just want to get it done and over with! I'm so tired of dealing with immigration!!!!!

I think the list you have is great. The only thing I might add would be bills - electric, phone, gas, etc. For example, I showed a couple different Telstra bills from two different times to show comingling of finances, joint responsibilities and that we share the same residence. Same with electric and a couple other bills...I figure more documentation is better than too little!

If you have any phone records of calls made back and forth when he was in the US then that might be good too. Or receipts from calling cards. It's hard b/c at the time you're calling back and forth you don't really think to keep it as evidence! As far as pictures go I'd make sure to show pictures from a wider period of time. Wedding pics are great to include, obviously, but I was told they like to see pics with different hairstyles, in different places with friends and family. It just further proves that it's a longterm relationship and you didn't just go out and snap a few pics one weekend for the application.

Does your husband file his taxes (declare income, whatever you want to call it) with the US? I JUST realized that I was supposed to do that. I didn't last year. I don't know where to get them done through. I go to H&R Block here for my Aussie taxes, so I'm hoping they might be able to prepare last year's taxes and this year's. I think I will need them for the next steps when they ask all the financial information so I'm a bit worried. Usually they don't take that long to get done, so it should be too big of a problem.

I can't wait to hear back! I'm hoping next week we will get the e-mail with information on our next steps. You'll have to let me know how your filing goes!

[kaffy 2]

Hi again

Unfortunately I have no joint utilities bills since we've been living with my parents and they've taken care of everything. No phone records either because we've never been apart (how boring ). I have heaps of pics right from the very start of our relationship till now so I will be sure to include them.

We're each going to write a short statement about how we met, our relationship, our future, etc.. kind of like what we had to do for the Aussie spousal visa. Did you include this in your application?

Yep, my husband has filed all his taxes (up to 2006) with the IRS, but he lost those records so he rang them earlier this week and requested copies to be sent to him. He filed his 2007 one the same day. He tried to do it online but it got too complicated so he just did it on the 1040 form and mailed it off.

visa aside, what are you going back to school for?

[kaffy 2]

also wondering, do they keep the documents you submit as evidence of a valid relationship for the I-130? Or are they returned immediately after the interview?

[loz9 0]

also wondering, do they keep the documents you submit as evidence of a valid relationship for the I-130? Or are they returned immediately after the interview?

What I did was took all the original documents and certified copies of all originals with me on the day. They checked the certified copies against the originals just to make sure they were real and then gave me all the originals back. I would think it's safe to say that you'll be getting any originals back, but you never know with embassies. Sometimes one will do things one way and another will do it completely different!

[kaffy 2]

What about for photos, cards, etc? I have a huge bag of wedding cards that I will be bringing with me.. Plus a couple of photo albums. They're welcome to keep them if they like for a short while but I would like it back at some stage down the line

I cannot wait for this Thursday to be over ><