DCF in Australia - Reestablishing Domicile Requirements

[kaffy 2]

Oh dear, what a pain when they don't know their stuff! Last year when I filed another couple on VJ and living in Perth filed at about the same time. He (USC) wasn't an Aussie PR either and was on a work visa I believe.. their petition went through just fine.

G'luck, I'm sure your I-130 approval/Packet 3 will come shortly!!

[mariahswind 0]

Too bad he was mis-informed. The website states that in order for it to be processed here you must have permission to be here living. I would think the purpose is to prevent people getting temporary visas to other countries just so they can DCF.

I am sure everything will go smoothly from here on for you. They really do seem easy going in Sydney. This was the second time I've been there, first was for the consular report abroad of my daughter.

I forgot to add in my earlier post that the lady said that my bank account in the states was enough to establish domicile!

take care,

mariahswind

[mariahswind 0]

Just checking in to see how things are going and let ya know my petition was approved by email on 30 Dec 09. Now on to the DS-230!

best wishes!

[AlexJ 0]

Hello, I am a US citizen and my wife is Australian, and we're interested in moving to the US. I have lived in Australia for 10 years and we were married here 4 years ago.

I'm a bit confused by all the options, but we think that we want to do the IR-1 visa so she comes in as a permanent resident. At first I thought we would have to wait 9 months or so with this option, but I have just found the DCF information, which appears to be much faster, especially in Australia.

The trick for us seems to be the domicile requirement. I use my parents address in the US for my US bank accounts and voter registration, but I have not been filing state taxes, nor have I renewed my driver's license, and I also am now a dual citizen. On the strict basis of the I-864 General Info document, it sounds like it does not qualify.

Does anyone have an idea of whether the Sydney consular staff are lenient enough to possibly allow this as a domicile?

If this doesn't work out, are there other options for us, other than re-establishing residency? Does an IR-1 filed in the US, or a K-3 visa avoid the domicile requirements?

Thanks,

Alex

[kaffy 2]

Does an IR-1 filed in the US, or a K-3 visa avoid the domicile requirements?

No, you still have to prove domicile irregardless of what method you file

I suggest the first thing to start with is to back-file your taxes and renew your driver's license

[trailmix 77]

Does anyone have an idea of whether the Sydney consular staff are lenient enough to possibly allow this as a domicile?

If this doesn't work out, are there other options for us, other than re-establishing residency? Does an IR-1 filed in the US, or a K-3 visa avoid the domicile requirements?

Thanks,

Alex

For U.S. immigration purposes there are 2 types of domicile and then there is intent to reestablish domicile.

1. Actual domicile - you actually live in the U.S.

2. Temporary absence. While you live in another country, you are only there temporarily - think 'visiting' - things like applying for PR status in that country would make it almost impossible for you to prove this.

3. Reestablishing domicile. This is where you must prove that you 'intend to reestablish domicile in the U.S. no later than the intending immigrant'. So basically they are saying that, we know you don't live there - however prove to us that you are planning to move back before or with the immigrant.

I'm not sure how lenient the Australian consulate is but you could look at proving number 3.

Good luck

[amylp 0]

I've been away traveling for the past few weeks, but have some good news! I received an email from the US Consulate General in Sydney on 5th January acknowledging they had received my petition. The following day, 6th January, email approval of the petition arrived! It's a relief to know that it went through alright and they didn't try to block the submission here in Oz since I'm not a PR here.

At this point, my husband is still waiting on receiving his police certificate from Ireland. Apparently with the recession, a large number of people leaving Ireland has created quite a backlog for the police to sort through. Hopefully we'll receive something soon so we can move on with the visa process!

[kaffy 2]

That's great to hear your I-130 approval came through so quickly! Hope that your husband's Irish police certificate comes soon

I actually submitted my packet 3 and was scheduled my interview minus my Japanese certificate. They were aware it was missing and simply asked me to bring it along on the day of the interview. I was cutting it very close with timing but luckily i received it back the day before my interview and was able to take it along to the interview.. otherwise they would have held my approval pending the police cert. So yeah, if you know you should receive it by a certain date, I see no reason to not go ahead and submit everything else now and get the interview scheduled

[amylp 0]

It would make me too nervous to send everything off without the police cert. Anyway, my in-laws just received the police certificate and are sending it off from Ireland today! It's the only thing we are waiting on to send everything in, aside from my husband's new passport (mailed from Canberra). It feels like everything is starting to fall into place now.

[amylp 0]

Finally received the police cert from Ireland in the post today. Still waiting on my husband's new passport which should arrive any day now (sent by registered post from Canberra on Thursday, 14 January).

A couple of questions about sending in everything for packet 3:

Do we need to send in the actual x-ray along with all the required papers, or just the medical results sent from the doctor?

Also, do I need to send an extra express post envelope when sending everything in, or is this brought later to the visa interview (for return of the passport with the US visa)?

[kaffy 2]

No, don't send the x-rays. Just send the envelope that contains the medical papers

Don't send the express post envelope. You bring that to the visa interview

[amylp 0]

No, don't send the x-rays. Just send the envelope that contains the medical papers

Don't send the express post envelope. You bring that to the visa interview

Great, thanks! Hope it's not a problem that I no longer have the envelope the medical papers came in (husband ripped it open when it arrived)....

[amylp 0]

I have an update!

Yesterday I received an email from the Sydney US Consulate to let me know they had received the DS230 parts I and II (mailed last Friday, Jan. 15), along with a reminder to obtain an Irish police cert to send in with packet 3.

We finally received my husband's new passport this morning (it took a full week to get here by registered post from Canberra. grr!), so I was able to express post packet 3 today. I'm crossing my fingers that it's all to their satisfaction and that an interview will be scheduled to take place before the end of February!

[amylp 0]

Just received the interview date by email! Packet 3 was received by the Sydney US Consulate last Friday (Jan. 22) and we heard back today, Thursday (Jan. 28)! It's scheduled for Tuesday, February 23rd - just a few days before we are due to leave Oz (flights are booked right now for the 26th). Do you think there's any chance we wouldn't have the visa in hand before then (assuming they approved us for the visa on interview day)?

I thought I read somewhere that people could come back the following day to pick up the visa in person instead of mailing it out? If this is possible, do you think I could pick up my husband's passport for him (he would probably have to return to work the following day).

I'm relieved that they haven't requested any additional documents from us, just the expected fee we'll have to pay, passport photographs and passport.

[kaffy 2]

Honestly I think 3 days is a little too rushed

They will approve your visa on the day of but it can take them up to 2 business days to issue it (sometimes longer - see my timeline)

Not sure about picking it up, you could email them to ask

Congrats on the process so far.. sounds like it's going very quickly

ps - please complete your timeline