Lived in Australia for 6 months, but mostly as tourist

[SydNY 0]

Okay I have a question about DCF... If a fiancée lived here in Australia for over 6 months as a tourist, but then we got married and she got a substantial visa, would we qualify for DCF? Or does she have to have been on that visa for 6 months before we can do DCF?

Thanks for any help

[Scoobs 0]

Hi SydNY

We were in a similar situation to you, as my husband is in Australia on a Work/Holiday visa. He came about 5 months before we got married and has remained living and working here since. We called the US consulate to see if we would qualify for DCF, but were told that we didn't as he is not a permanent resident. Even though he has a job, pays taxes, has an apartment lease, etc., he is regarded as a temporary resident. Even if we transferred his visa to a spouse visa (which would cost us $2500 ) it would still be six months before we could do DCF. Thus we had to file through the Chicago Lockbox. So to answer your question, you could file for DCF once he has been on a full residency visa for at least 6 months.

[kaffy 2]

I don't have a direct answer since my husband was on an Aussie spousal visa when we filed but I do know of another VJer who's USC spouse was on a work visa and they were able to file DCF successfully.