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faith0922

Can we apply for K-3 in a third country?

By faith0922 in K-3 Spouse Visa Process & Procedures

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faith0922 Contributor

faith0922   0

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Filed: IR-1/CR-1 Visa (DCF) Country: Australia
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Hi,

I've been reading so much information, and now I'm so confused. Can someone help me?

My husband and I are currently living in Australia as temporary residents. I am Filipina, but we got married here in Australia. We are now planning on going back to the US. He's got a job offer that's starting in September (the latest). For now we don't meet all the requirements to apply for an immigrant spouse visa, so we're now thinking of applying for K3. Can we apply for DCF for K-3 (non-immigrant) in Australia? Or do our applications need to be filed with a USCIS centre in the US? Also do the expedite criteria apply for K3 applications?

Need help and clarifications. Thanks in advance.

****

June 10, 2008 - Filed I-130 at the Perth Consulate

June 23, 2008 - Made a follow up email enquiry, was told "petition will not be approved until a background check is performed on you and you have cleared that process under the Adam Walsh Act."

July 3, 2008 - Received communication that husband's Adam Walsh clearance request was sent on June 23, 2008.

July 3, 2008 - Received PACKET 3 on email!!! soon after previous email.

July 9, 2008 - Saw GP for a varicella shot. Will need to get the 2nd dose after 4 weeks.

July 14, 2008 - Medical appointment.

July 20, 2008 - Fingerprints taken (finally!)

July 21, 2008 - Sent application for Australian name and fingerprint check.

July 22, 2008 - Sent DS-230 Parts I & II .

Aug 5, 2008 - Sent DS-2001 and supporting documents (minus Aus Police clearance)

Aug 11, 2008 - Received Australian Police Clearance

Aug 14, 2008 - Received PACKET 4!

Aug 26, 2008 - Visa Interview... VISA APPROVED!!!

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pushbrk Grand Master

pushbrk   12,881

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Filed: Other Country: China
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Posted
Hi,

I've been reading so much information, and now I'm so confused. Can someone help me?

My husband and I are currently living in Australia as temporary residents. I am Filipina, but we got married here in Australia. We are now planning on going back to the US. He's got a job offer that's starting in September (the latest). For now we don't meet all the requirements to apply for an immigrant spouse visa, so we're now thinking of applying for K3. Can we apply for DCF for K-3 (non-immigrant) in Australia? Or do our applications need to be filed with a USCIS centre in the US? Also do the expedite criteria apply for K3 applications?

Need help and clarifications. Thanks in advance.

DCF is only for immigrant visas.

Your husband can file an I-130 with a service center in the USA and the follow the immigrant visa route or the K3 route. The K3 interview will be in the country the marriage took place. The only exception is if the marriage took place in the USA. Then the interview is in the beneficiary's country of residence.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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faith0922 Contributor

faith0922   0

Posted
Filed: IR-1/CR-1 Visa (DCF) Country: Australia
 Timeline
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Posted

is that the case even if he's been in Australia for several years (since 2001)?

****

June 10, 2008 - Filed I-130 at the Perth Consulate

June 23, 2008 - Made a follow up email enquiry, was told "petition will not be approved until a background check is performed on you and you have cleared that process under the Adam Walsh Act."

July 3, 2008 - Received communication that husband's Adam Walsh clearance request was sent on June 23, 2008.

July 3, 2008 - Received PACKET 3 on email!!! soon after previous email.

July 9, 2008 - Saw GP for a varicella shot. Will need to get the 2nd dose after 4 weeks.

July 14, 2008 - Medical appointment.

July 20, 2008 - Fingerprints taken (finally!)

July 21, 2008 - Sent application for Australian name and fingerprint check.

July 22, 2008 - Sent DS-230 Parts I & II .

Aug 5, 2008 - Sent DS-2001 and supporting documents (minus Aus Police clearance)

Aug 11, 2008 - Received Australian Police Clearance

Aug 14, 2008 - Received PACKET 4!

Aug 26, 2008 - Visa Interview... VISA APPROVED!!!

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pushbrk Grand Master

pushbrk   12,881

Posted
Filed: Other Country: China
 Timeline
Posted
is that the case even if he's been in Australia for several years (since 2001)?

DCF (Direct Consular Filing) can only be done for an immigrant visa for spouse of US Citizen. You said you don't qualify for that. There is no other DCF that exists, so I don't understand your question.

Is WHAT the case?

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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Todd-Leah Community Regular

Todd-Leah   0

Posted
Filed: IR-1/CR-1 Visa Country: Malaysia
 Timeline
Posted

Does your husband has Australian work authorization ?(I presumed he has since he has worked there for years)

Some consulates accept DCF for beneficiary who are not citizen of that country, some do not. You best bet is go to the Australian US consulate website to find out, or email/phone them to find out whether you husband is eligible for DCF.

I would advise you to check out the DCF option before your husband goes home, that will save you a lot headaches dealing with USCIS in the long run. I believe he can file the petition and leave, and let you complete the process, of course provided your husband is eligible for DCF.

HTH,

Leah

Hi,

I've been reading so much information, and now I'm so confused. Can someone help me?

My husband and I are currently living in Australia as temporary residents. I am Filipina, but we got married here in Australia. We are now planning on going back to the US. He's got a job offer that's starting in September (the latest). For now we don't meet all the requirements to apply for an immigrant spouse visa, so we're now thinking of applying for K3. Can we apply for DCF for K-3 (non-immigrant) in Australia? Or do our applications need to be filed with a USCIS centre in the US? Also do the expedite criteria apply for K3 applications?

Need help and clarifications. Thanks in advance.

I found this on http://sydney.usconsulate.gov/consular/visas/iv/faq.html#g

Question: Can a third country national (not a permanent resident of Australia) apply for an immigrant visa in Australia?

Answer: In some cases. First, that person must show that they have permission from the Australian Department of Immigration to remain in Australia for 6 months or longer. Depending on the immigrant visa category involved, it is possible that we would accept that person’s immigrant visa application. In general, however, the person must have some ties to Australia; that is, some reason for being here beyond applying for the visa.

HTH,

Leah

USCIS

03/15/08 Mailed I-130 package

07/17 I-130 package delivered to Chicago lockbox

03/26 NOA1 received (Priority date 03/24/08)

04/18 Touched

06/05 Expedite request on humanitarian ground (medical emergency)

06/16, 06/17, 06/18, 06/19, 06/20 Touched

06/28 Received RFE dated 06/23

06/30 mailed RFE express mail to CSC

07/02, 07/03 Touched

07/08 07/09 Touched. "RFE received & processing resumed"

07/11 Congress aide found out I-130 was approved on 07/09!!!

07/17 NOA2 hardcopy dated 07/09

07/21 Approval notice hardcopy dated 07/11 I-130 was approved in 116 days from filing date (expedited).

NVC

07/15 NVC received and assigned case #

07/16 Emailed expedite request & supporting documents

07/17 DS-3032 and AOS fee bill generated, Emailed DS-3032.

07/21 Received DS-3032 & AOS fee bill hardcopy.

07/24 NVC approved expedite request

US Consulate

07/31 Package arrived at US consulate

08/01 Was told to pick up packet 3 on 08/04

08/04 Req packet 3 send by mail.

08/09 Received packet 3

08/11 Returned packet 3

08/15 Picked up packet 4 & medical check up

08/28 Submitted civil docs & paid $400 IV fee. Visa Interview & approved !!!

08/29 Visa in hand

09/30 POE IR1 visa interview took 166 days from the I-130 filing date (expedited).

10/04 Applied for SSN in married name.

11/11 Welcome notice received (dated 11/04)

11/15 Received Green card.

11/21 2nd Welcome notice received (dated 11/13)

11/24 Received SS card in maiden name.

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