Help with filing in Australia

[faith0922 0]

Hi loz and kaffy,

My husband and I also filed for DCF. I'm from the Philippines, but we got married here in Australia. We filed the I-130 in Perth two weeks ago, and still haven't heard back from Sydney. We're really starting to get anxious, and would really love to start ticking off Packet 3 documents. We're both currently in Australia on his 457 visa, but he's recently accepted a job offer in Missouri, and it will start in September this year. If my visa isn't ready by then, he'll have to go to the US, I have no means of staying in Australia because I'm a dependent on his 457, so I'll have to go home to the Philippines, then fly back to Sydney when they schedule my interview. Would really love to avoid that mess, and the expense.

I'm a bit worried about the duration of the police check because the earliest appointment I can get for fingerprinting in Perth is August 11, and it takes 3 weeks (15 days) to process the National Police Check. That's too long coz we're aiming for September, too. But then they told us we can get the fingerprints done at our local police department (they don't normally do it, but if we explain our situation, they would most likely do it for us). Kaffy, which document list has the "Do not to obtain the Australian police certificate..." note? It would be really nice if we don't have to obtain one.

I wonder whether I should start the police check process, just to get it on the way, just in case.

Anyway, just thought I'd let you guys know that we're going through the same process as you guys. And would really be great to know how things go as the process goes along.

Good luck on your appointment on Thursday, Kaffy.

Loz9, you filed for your I-130 a couple of weeks before we did, have you heard back from Sydney re: next steps?

Cheers and good luck to all of us!

faith

[kaffy 2]

Hi Faith, welcome to the thread! I'm pretty sure we all have to obtain an Australian police check. The DS230 checklist which I have says "Do not obtain unless the instructions are included in this packet." I'm guessing the "packet" they are referring to is Packet 3. I would like to apply for my Australian police check asap too so I will ask them on Thursday what these instructions are.

Do you have to obtain any other police checks? I sent away for my Japanese one 2 weeks ago. It's supposed to take 2-3 months to receive.. which is mid-August if I am lucky. I heard that most people usually have to wait a month for an interview after they submit their DS-2001 Notification of Applicant Readiness. I hope the consulate will allow me to submit first, then wait for my Japanese police check to show up in the meantime.. my husband flies back on 22 Aug and I really don't want to be apart from him for too long

[loz9 0]

Hi loz and kaffy,

My husband and I also filed for DCF. ....

Loz9, you filed for your I-130 a couple of weeks before we did, have you heard back from Sydney re: next steps?

Cheers and good luck to all of us!

faith

Hi Faith!

Welcome!! I haven't heard back from Sydney yet. I e-mailed them a couple weeks ago and they told me to expect info by the end of this week..they had to wait on the Adam Walsh check to go through. I think, from what I've read, they send that away to the US and then approval or denial is sent to the Sydney embassy THEN you they send you info with the next steps. It's all so long and drawn out!

I'm with Kaffy on waiting for the next packet to obtain your police check. I think you probably have to use a special form from the packet that you wouldn't be able to get from the police department.

Do either of you guys have an idea on what avg. processing times for DCFs are?? I've looked around, but haven't really found anything on timings. I really don't want to be separated! Hopefully you don't have to go all the way back to the Philippines while you wait!

Anyways, come back and let us know how you're going from time to time..especially once you hear back on your status. It's great to have other people to share this with and hopefully this will help others out who are going through the same thing!

[faith0922 0]

Thanks loz and kaffy.

I previously emailed the Sydney consulate whether we can apply for K3 in Australia. And here is the response they gave me two weeks after:

A K-3 visa must be filed in the U.S. and then an interview is conducted here in Sydney to obtain the visa, this process usually takes 6-8 months for processing.

If you and your husband are residing in Australia you may want to consider applying for a spouse visa from Australia, this process usually takes 2-4 months to process.

Then they attached a document that's exactly the same one as the one you posted on the forum.

Kaffy, I'm not sure whether I need to get any other police checks. I do have a recent national police check from the Philippines (got it early this year 'coz we had been planning on applying for Aus PR), and it's valid for one year. Hopefully that will suffice. Hopefully we dont have to get the Australian Police Check, but if it's required and it takes 15 days to process, and then the interview takes 1 month after submission of DS-2001, then it seems like it's a sure thing that we'll definitely be separated. Hope none of us have to go through it. Can't wait to hear about what info you get on Thursday.

Also, do any of you know how long it takes to do the background/name check on the Adam Walsh Act?

[kaffy 2]

loz9- am I actually allowed to go into the interview with my husband? otherwise I will have to pass a list of questions onto him

I've also been trying to find out what the average wait time for the visa is.. husband's Aussie spousal time was approved in just 2 months so I am hopeful that the US Consulate will be kind to me and process mine as quickly as possible

faith- I can't believe how long it takes a K3 visa to be approved! I thought that was meant to be the quicker route? hmm.. good thing I'm trying to get a CR1 instead I suppose..

I hope that you both hear back from the Consulate shortly!

[faith0922 0]

Hi again, Sorry if this post is too long. But I think every bit of information we can get helps, given that there's limited information we can get from the 'official' websites.

When we submitted our I-130 in Perth, the consular officer asked us when we need to leave, and when we said we're aiming for September and then explained our situation (i.e. I have no means of staying in Oz when he leaves), she said we should attach a letter stating our situation. So we did, and hopefully they will take our situation into consideration.

We also contacted a congressman in the US, informing them of our situation and they expressed their willingness to assist when the time comes. I'm not sure if any of the expedite criteria applies to us (financial hardship?) or if the office of the congressman can help when you're filing through a consulate. But still we think it's worth trying.

We made a follow up enquiry yesterday and the Sydney consulate was pretty quick in their response. I copy-pasted the response (sent as an email attachment) below. So it's been two weeks and we're still waiting for them to complete my husband's background/name check. That's why I'm wondering how long it takes to complete the name check based on the Adam Walsh Act. I sure envy those who were able to do a walk-in application-approval prior to this act.

CONSULATE GENERAL OF THE UNITED STATES

LEVEL 59 MLC CENTRE 19-29 MARTIN PLACE SYDNEY NSW 2000

61-2-9373-9200 sydney.usconsulate.gov/sydney

NEXT STEPS FOR PROCESSING YOUR I-130 PETITION

Name of Visa Applicant: Faith xxxxxxxxx Date: June 23, 2008

Case number: SYD2008xxxxxx

Please refer to the paragraph(s) checked below in regard to the immigrant visa petition (Form I-130) you filed with this office. Please disregard unchecked paragraph(s).

Please note: If this letter requests you to submit additional information before the petition can be approved, please return this form with the required information as soon as possible so that we may process your application quickly.

* Note: Your I-130 petition will not be approved until a background check is performed on you and you have cleared that process under the Adam Walsh Act.

( ) Before your petition may be adjudicated further, please submit the items checked below as soon as possible.

* Marriage certificate- original certified copy issued by the appropriate Registrar’s office or the Courts & one photocopy

* Proof of termination of all prior marriages – original certified copy issued by the Courts & one photocopy

* Birth certificate – original certified copy issued by the appropriate Registrar’s office & one photocopy

* Evidence of name change – original and one photocopy

* Valid U.S. passport and one photocopy of the biographic page

* One photocopy each of your valid Australian visa and arrival stamp into Australia to evidence your having resided in Australia for at least the preceding six months; or

* Valid Australian passport if you hold dual U.S. and Australian citizenships & one photocopy of the biographic page.

* One passport size photograph of yourself

* One passport size photograph of your spouse

* Other: ____________________________________________________________________

(XX) Once your petition is approved, forms and instructions known as Packet 3 will be mailed or e-mailed to your spouse/child/parent to begin the process of applying for his/her immigrant visa.

(XX) Upon receipt of Packet 3, your spouse/child/parent should immediately complete and submit their Biographic Data, Forms DS-230 Parts I&II.

Your spouse/child/parent will need to have an interview with a consular officer before a visa is approved and issued.

(XX) To receive an appointment date, your spouse/child/parent’s Notification of Applicant Readiness, Form DS-2001 should be completed and submitted together with all of his/her applicable documents.

An interview will not be scheduled for your spouse/child/parent until we receive the completed Biographic Data, Forms DS-230 Parts I&II, form DS-2001 and the applicable documents. Within 5 working days of receiving all 3 forms and documents, we will schedule the interview for the first available date, and will mail notice of the interview to the address provided for your spouse/child/parent.

( ) The attached documents are being returned to you, but will be required again at the final visa interview, so please ensure that your spouse/child/parent brings the documents with them.

(XX) Please email sydneyiv@state.gov should you require any information regarding this application.

( ) Please enclose a prepaid self-addressed “Express Post” envelope (available from Australia Post) for us to return your original documents.

( ) Comments or additional notes if applicable:

________________________

NextStepsAfterPetitionIsFiled.doc

(01/17/08)

March 26, 2007

[kaffy 2]

Did you husband submit his birth certificate to them? We havent prepared my husband's one because it wasnt specified on the form and he's not sure where it is (at his parents house I think)

[faith0922 0]

Did you husband submit his birth certificate to them? We havent prepared my husband's one because it wasnt specified on the form and he's not sure where it is (at his parents house I think)

Yes. They photocopied it and gave us back the original. Maybe his passport would suffice to prove he's a USC.

[loz9 0]

Hey Faith! Thanks for posting the info you were sent. The response I got from the Sydney consulate (when I was asking about the status of our I-130) was much less official sounding! Hopefully you'll hear back soon! That's currently the step we're waiting on..The Adam Walsh Act. It's been since May 21st when we filed, so a little over a month so far. I really hope they e-mail us in the next few days like they said they would! I can't believe they told you a K3 would take that long!! I thought it was supposed to be a quick option?! Oh well...2-4months isn't TOO bad I guess.

We had to supply both of our birth certificates and passports when we filed (originals and copies). They gave us back the originals once they checked the copies against them.

Kaffy, I hope it doesn't take long for you guys. Maybe if you could get those little microphones and earpieces-you can listen to eachother when they ask questions! Nah, we were both in the room at the same time and we just sort of took turns answering questions or added on to eachothers answers. You go in Thursday right?? My Aussie visa (subclass 309 - temporary spouse visa) took 2-3 months I think. Hopefully the US will be as quick, if not quicker!

Maybe if we go to the consulate and do the 'give me my visa' dance they'll approve us next week?

[faith0922 0]

Hi again guys, just a tax-question. My husband is backfiling taxes for the last couple of years. Is it mandatory that we file jointly? Is it required for the non-resident spouse to file taxes with the IRS?

kaffy, how was your appointment on Thursday?

[loz9 0]

Hi again guys, just a tax-question. My husband is backfiling taxes for the last couple of years. Is it mandatory that we file jointly? Is it required for the non-resident spouse to file taxes with the IRS?

kaffy, how was your appointment on Thursday?

I'm pretty sure it's only required for the USC. Who are you filing with? is he preparing the taxes himself?? I have to do the same thing..

I want to know how kaffy's appointment went too! any news?

[loz9 0]

I forgot to mention..the Syndey consulate told us we would hear back within 2 weeks from the time of my e-mail enquiry (June 12th is when I e-mailed) about our Adam Walsh and next steps/forms. That would have put us at today, which was about 5 weeks after we initially filed our I-130, and we didn't get an e-mail or anything.

I'm so tempted to e-mail them again. I just don't want to annoy them..then they may not answer my questions at all!

[kaffy 2]

Hi guys! just got back from Sydney. we've had such a busy Thursday & Friday so I'll see what I can remember from the interview.

We checked in at the Consulate at about 9.50am for our 10am appointment. It was quite busy so we didn't get called till about 10.45 but that was fine. The lady in window #1 was very friendly and we submitted the I-130 documents to her. She didn't take any of our supporting documents though because she said they were for my 2nd interview later on. She noticed that my husband was here on an Aussie spousal visa and asked if he was applying for his PR here (we said yes). Also, with my application I included a letter stating why my official name was still my maiden name (I had lived overseas until last August, QLD has silly name-change residency requirements, I intend on changing my name after arriving in the US). She was extremely understanding and actually offered to have them issue my green card in my married name! (and would include a note as reference to my official (maiden) name). I thought that was pretty darn nice of her since Aussie officials are so uptight about names/name changes. So she asked us to head over to the other window to pay while she entered the details into her computer. The cashier lady was not so friendly but I didn’t care. About 10 mins later we got called back to Window 1, submitted our payment receipt to the lady and she said she’d pass our application over to the next officer. We sat down, waited another 10 mins then got called to window 8(?). Another friendly guy, he asked my husband what he had been working here as here, they talked about jobs then husband explained he was planning on going back to school hence why we were applying for my visa. He also asked us how long we’ve been married for. My husband who has difficult keeping track of time stumbled on this question a little and had to ask me what month it currently was I asked him if he wanted to see my supporting documents and he again declined, said they were for my 2nd interview but saw how much stuff I had prepared and said we shouldn't have a problem. He asked us what our intended departure date was and we said September, he said we shouldn't have a problem with that either (the first lady explained that spousal visas are usually approved within 2-4 months through Sydney). Finally the guy says that the next step is to wait for the Adam Walsh check (2 weeks estimated processing time), then they will mail Packet 3 to me.

Went fairly smoothly I think! I was a little concerned that they didn’t ask to see any of my supporting documents though (they were pretty darn heavy to carry around too.. so I ended up mailing them back home to Brisbane right after the interview rather than carry them around town).. but husband said maybe it’s because he’s here on a spousal visa already?

Does this sound similar to you guys?

[Aussielad 37]

...........you might want to TRY the AUSTRALIA DCF thread that was done a few years back??..

the info is still basically the same.

[Aussielad 37]

apart from the whole Walsh act that was inacted, the Australia DCF is still basically the same. sounds like you did a thursday walk-in.