Filing in Australia - need some advice

[kerstinh 0]

Hi,

I am a German citizen married to a US citizen (husband), living in Australia. We would like to move back to the US with our 2 children asap and have just started looking into the visa process here. It has been impossible to get information from the Melbourne consulate, so I'm hoping someone here could answer some of my questions... I am really nervous about this application process, as I am worried about being separated from my husband especially since our children are only 5 months and 22 months old.

-should we use an immigration lawyer or file our own application? If it is recommended to use a lawyer could someone refer us to someone trustworthy?

-is it better to file from Melbourne or Sydney? We live in Adelaide and Melbourne is responsible for Adelaide consular issues I think....

-when we need letters of support from family and friends, should these be written on Australian statuary declaration forms or is there a US equivalent?

I have many more questions, but it would be great to just get answers to these so we can start the process of filing. Thanks in advance to anyone who might be able to give us some advice,

Kerstin

Edited August 27, 2008 by kerstinh

[kaffy 2]

-should we use an immigration lawyer or file our own application? If it is recommended to use a lawyer could someone refer us to someone trustworthy?

I wouldnt bother with a lawyer. The DCF process in Australia is quite simple and straightforward. The very first step is to file a I-130 Petition with the Consulate. Info here: http://canberra.usembassy.gov/consular/visas/iv/file.html

-is it better to file from Melbourne or Sydney? We live in Adelaide and Melbourne is responsible for Adelaide consular issues I think....

According to this: http://canberra.usembassy.gov/consular/ you have to file with the Melbourne consulate

-when we need letters of support from family and friends, should these be written on Australian statuary declaration forms or is there a US equivalent?

Either would be fine. However I only just completed my DCF process earlier in the month and not once did they request to see them (I had about 6 from family/friends in Australia/the US)... but it's good to have them ready anyway just in case.

[kerstinh 0]

Hi Kass,

Thank you so much for your reply. I really appreciate your help. I noticed on your time line that you applied for a Japanese police clearance as well as an Australian clearance. I am a German citizen living in Australia. I immigrated to Australia in 1983 with my parents and since then have spent 3 years living in the US (work visa) and the last 4 years again in Australia. would I need to get a German police clearance also? I'm amazed by how quickly you ot your visa-that is really encouraging! Thanks again,

Kerstin

[faith0922 0]

Hi kerstinh,

Like kaffy, I also just recently completed the DCF process in Australia. It's best if you can read through this thread, as it has a detailed information of our recent experiences with the DCF process here in Australia. The process has been surprisingly easy and simple.

Click on this link and scroll down to the "Police Certificates" section, there you will see if you'd need to file for a police clearance from Germany.

Re: contacting the consulate for help, I think it's best to contact Sydney Consulate (SydneyIV@state.gov) if you have specific questions, because the immigrant visas are processed through them. I've had luck receiving answers from them within a couple of them.

Good luck!!!

[kaffy 2]

would I need to get a German police clearance also?

How old were you when you left Germany?

The rule is that you have to obtain police certificates for all countries you have lived in for 6 months or more, since reaching the age of 16. So if you left Germany before you turned 16, you won't require a German police certificate.

[kerstinh 0]

great, thank you. that all helps a lot. the link has been so useful and i feel like we are close to knowing exactly what to do. i just have another question on statuary declarations of friends and family in support of the application. In Australia there are specific stat dec forms, but I haven't found anything like this in the US. If my US sister in law wants to write one for us does she just need to send us a notarized letter? also, the final hurdle for us will be the I864. My husband was recently made redundant at the company where he worked in Australia and would like to wait to start working i the US when we can both move over. As a result i guess we have to show that we have enough assets to satisfy the I864. Could anyone tell me what this amount might be or have a link on where exactly to find the information on this?

Thanks again for all of your help. I really appreciate it.

[kaffy 2]

From: http://canberra.usembassy.gov/consular/vis.../affidavit.html

Q: May the petitioner/sponsor count assets to meet the 125 percent minimum income requirement?

A: Yes. The sponsor counts his/her U.S. income first, not foreign income. Next he/she counts the personal assets and/or the income and assets of household members who have signed an I-864A. If, using all of those sources, the minimum income requirement is met; the affidavit would be "sufficient."

To be counted, the cash value of assets must equal five times the difference between the sponsor's income and 125 percent of the poverty line for the household size.

(For spouses and unmarried children under 21 years of U.S. citizens, only three times the difference between the applicable income threshold and actual household income is required). For example, a petitioner/sponsor with a household size of four and an income of $18,000 would need assets equal to five (or three) times the difference between his/her income and the income required for a family of four at the current federal poverty guidelines level. He/she would also need to show evidence of mortgages, liens, and liabilities against the assets.

Poverty guidelines are here: http://travel.state.gov/visa/immigrants/info/info_1327.html

So since your household size is 4, the 125% is $26,500 and so you would need at least (5 x 26500) US$132,500 of assets to fulfill the I-864 on your own. (unless you use a joint sponsor)

For the statutory declarations I just had my family/friends type them up as letters on normal paper and take them to the JP/Notary public to be notarized. The Consulate didn't ask to see them though

Edited August 30, 2008 by kaffy

[kerstinh 0]

thanks again for your help! we should be good to go! good luck with your move - where in the US are you heading? we're going back to chicago where jay is from. thanks again,

kerstin

[kaffy 2]

You're welcome! Good luck with your filing!

I hopped on a plane almost immediately after I received my visa and am now living in Seattle. I'm pretty much all settled in now, except for job hunting which I will start next week!