LAND DOWNUNDER

[herself 0]

Hi all! Happy to say that our visa was APPROVED on May 9, after a bit of drama. My fiance's packet four letter said his interview was scheduled for May 6, but when he arrived they said it was closed and they were not doing interviews that day!! They claimed they sent out an email that morning but he did not receive one. He also never received an explanation as to why they had closed for that day. I guess everyone must have called in sick or something...grrrrr..... Thankfully, he was able to reschedule rather quickly. He had a very short interview (5 min) and was approved on May 9th!! I'm so excited to see him again when he arrives next Monday morning!! :dance:

[aussie angel 0]

congratulations to both of you. now you can start planing for the wedding.

angela

[vylex 0]

hey everyone, just wanted to drop in and say hi and give you all a bit of an update...

've applied for the aos and while they are still processing they have approved my request to be able to work which is really good...

also to let you know that i'm almost 3 months pregnant - so thats also good news that has hit us this month and april....

to everyone that is going thru all the visa paperwork in sydney - dont despair, be positive and everything will go perfectly fine .... the american embassy are really nice people and very helpful...

oh and my husband is ordering me pies and sausage rolls lol cause i miss them so much, if only i could get a pavlova mailed over now huh?....

talk soon!!

WHOA! CONGRATS SHARYNA!!!

Hope everyone else is doing well!

[whisper2me 0]

It's been pretty quiet in here. Just thougth I'd pop to let you know we received NOA1 for our I-130 petitions. Unfortunately we are going through the Vermont Service Centre so its gonna be quite a wait for NOA2.

I'm planning on flying over to the U.S for 3 weeks holiday in Sept. and taking my grandmother with me. It will be her 80th Bday on the day we fly out and she has never been overseas. It will be nice to have company during those long hours on the plane. I have already warned her that because our petition is in, that there is a slight chance they may not let me in.

I intend to show the following documents as proof of return to Aus:

1. Letter from Employer showing holiday leave dates and return to duties date.

2. Return ticket & travel intinerary

3. Travel insurance document for same period as return ticket.

4. Copy of petitions and original NOA1 (and hopefully by then NOA2). These will be for myself and 2 children to show we are following the process.

5. My children's birth certificates and custody documents - to show they live with me and I am responsible for well being.

6. Rental letter from Landlord

7. Insurance periods for car, work etc

My grandmother's intinerary and travel insurance will also match my own.

Sound ok?

[TracyOz 0]

Hidie Ho all...

just wanted to give you a bit of an update about what has been going on...

A crazy couple of weeks have gone by, I was in the USA until the 6th May and flew back to Adelaide - MAN I was missing my kiddos SO MUCH by then.

We packed a bunch of stuff up and then headed to Sydney for the interview - they had emailed me a couple of times about what extras I need to bring (and my boys each had to have another vaccination before the interview) so no dramas.

Interview set for the 13th May 11.00am... We all go in, wait wait wait.... and then this really MEAN woman behind the counter called me up - started shoving papers at me under the glass and said that there would be a problem with my youngest two as their birth certs. didn't match their passports... I totally froze and then tears streamed down my face - as I got out "ummmm what are you talking about and why hasn't someone mentioned this to me before now.... like they found missing vaccinations in my huge pile of stuff - but something as GLARING as different names didn't raise a flag with them".... she curtly told me "I just work here and prepare the documents for your interviewing officer - and from what I see you will NOT be issued visas"..... The kids and I sat back down in total shock WAITING for the interviewing officer (Brad).....

Finally called up to him - and with my tear stained face I just looked at him as he went through everything, I told him that I thought that they would be asking me questions about mine and Steves' relationship - he said ummmm there was no need as they have no doubts about the validity of that ... (so that is a good start).

But the big problem is that my kids have their fathers' names on their birth certs, but in their passports they all have my maiden name as their surname - and there isn't a legal paper trail for that . I told him that they have been commonly referred to as that for over a decade and that OBVIOUSLY the Australian Government aren't going to just issue Passports "willy nilly" unless they are satisfied about the identity of the person and that my kids have each held 3 passports (2 expired) over the past decade and all are in the same surname, and that medically and school wise and in all personal aspects they use this surname (I also had included affidavits from various people including their father) which stipulated this.

Brad suggested me going and organising a Change of name via Deed poll - UMMMMMM hellooooo that takes weeks - and the fact that their Dad was in Adelaide - how on earth could I do that being we had flights booked for the 16th May... PURELY BECAUSE OF THE PREVIOUS EMAILS from the Consulate that had advised me that I didn't need anything else at my interview and that there wouldn't be a problem.

I also informed him that "common usage" of a name was legal both in Australia and also in the USA as long as you weren't doing it for fraud or illegal things...

He ummed and ahhed and finally said that while he would approve our visas (YAY) there was no guarantee that we would actually get through POE in LAX on the friday and that it would be entirely up to the POE immigration officer and whether or not he picked it up when going through our envelopes.... or whether it would be an issue.

So we left - feeling good but flat if you know what I mean?

We went back the next day and collected our passports with the visa stamps in them, along with our "envelopes".

Boarded our plane on the Friday - I had used points and upgraded the kids and I to business class - which I thought would be a nice way for that long journey and a nice way for "me" to just stress until we got through POE at LAX.... Great flight and all the staff were wonderful with the kids especially when they heard my story and where we were going etc...

Got to LAX - ummmm so did about 10 other flights at the same time LOL... the immigration area was packed (and I mean PACKED) it took about an hour before we even got close to the front of the line and then we were directed to this officer (who appeared gruff) he unceremoniously ripped open our envelopes - all the while I am just holding my breath and holding back tears.... we were with him for about 35minutes or a little more while he went through everything - then YAY YAY YAY - he stamped our passports, drew a line throuugh our visas, put all of our paperwork into a pile - reminded me that I have to marry within 90 days and then "welcome to america".... I was so relieved you have no idea.

We went to baggage claimed our 8 bags LOL.... put them on the transfer belt and through the glass window I could see my fiance Steve waving to us - MAN OH MAN what a wonderful site (he had flown from Cleveland to meet us and fly back to cleveland with us)..... I literally fell into his arms (great to see him and yes I missed him, but I think the tears of relief that waved over me was the main reason).

We then continued on with our extremely long day - flying to Chicago and then Cleveland - arriving here at home around 35 hours after getting to Sydney airport.... and now we are all just getting over jet-lag and the (cold/flu) that my daughter and I managed to pick up...

So onward we go - the wedding is on the 31st and SO MUCH to do between now and then LOL...

there you have it in a nutshell

now I must go and have a coffee

have a GREAT day folks

Tracy

[vylex 0]

Congrats TracyOZ!!!! Sorry to hear the drama and anticipation! Glad you and your kids are here now!

Also was that mean lady some big Samoan looking lady? If so I know who you're talking about! She seemed like a bitter lady! When my wife was issued her visa they added additional alias note at the bottom that worried us because it misused my wife's middle name as her last name. We were worried it would be an issue at POE. Anyhow, we emailed the consulate and they asked us to come back the following day. When we did come and eventually got called up to the booth, that bitter lady was really curt..."where is your appt. You can't come here without an appt....blah blah blah..."

I shoved the visa and the printed email asking us to come back. Everyone else was very nice though, especially the interviewing officers.

Anyway glad that you made it through! Luckily we had no issue with the misprinted note at POE at LAX. The folks there were nice to my wife so I was happy.

[patriciaofoz 0]

Welcome to the US, Tracy and kids!

I think I had the same lady at the Consulate. She wasn't mean to me but it sounds like she's the keeper of NAMES because she picked up that I had my Mother's maiden name on my passport but not on any other documents - so she added it to my Visa. She said she just did this to "be sure". She was really nice about it though.

Enjoy the wedding planning and get over your flu!

[vylex 0]

Welcome to the US, Tracy and kids!

I think I had the same lady at the Consulate. She wasn't mean to me but it sounds like she's the keeper of NAMES because she picked up that I had my Mother's maiden name on my passport but not on any other documents - so she added it to my Visa. She said she just did this to "be sure". She was really nice about it though.

Enjoy the wedding planning and get over your flu!

hehe that "Keeper of Names" was probably the same one for us then. The first time we saw her she was nice but seemed like she could be a handful. She also clarified the (middle) name with my wife although she proceeded to screw that up and make her middle name the last name as a second alias. Oh well luckily that annotated section was really minor.

[k32007 0]

I've got a question for you all that relates to the "Keeper of Names" comments.

My wife has not changed her name yet but wants to do so. She has her interview in Sydney on May 27th. Can we request that they add an "additional alias" to the visa (eg with my last name) so that if she gets a new passport with my last name that things will "pass muster" when she shows her old passport with the visa along with her new passport with the new name?

Any gotchas regarding K3 interviews @SYD?

[BlueB 0]

Hi all

i'm new here and trying to make sense of everything. I read on another thread that Australia is one of only a few countries where there weren't any residency requirements for the the USC!

I take it that's changed again? I'm in such a pickle as i try to call the consulate in Sydney and they say there's no one I can speak to over the telephone!

Okay okay, slow down, here's my deal.

I'm Australian, living here and my Fiancee is American, living in LA. We're not married (obviously!) but as per above, we found out that when we're married, we can do a direct consular filing... only now, it appears we cant because he's not a resident here!

Basically, we got told by an immigration lawyer in December that i didn't need a fiancee visa as we're covered under the visa waiver program, but they warned me to not mention getting married when i entered the states. the way it was explained was believeable! However, the more we've looked into it and the closer our wedding date gets (sep 19th!!) the more we started doubting what we'd been told. Turns out it's a load of **** and I either need a fiancee visa (which I think takes 8 months currently) or we get married then file a spouse petition (another 8-12 months) before I'm allowed in!

Finally I think I've seen the light and found out about the DCF, only to find out that we NOW have residency restrictions?? Is this correct?

We were so organised getting lawyers involved so early (we only announced our engagement a month ago as he hadn't met my parents yet) and were planning for a September 19 wedding in Hawaii... now looks like the laywers were wrong and we're going to miss our wedding date :-(

Can anyone help or give advice on what the hell we should do now? how long has it taken recent ppl to get their fiancee visa through? are we really looking at 8 months??

help?!

[patriciaofoz 0]

Hi all

Hi BlueB and welcome

Basically, we got told by an immigration lawyer in December that i didn't need a fiancee visa as we're covered under the visa waiver program, but they warned me to not mention getting married when i entered the states. the way it was explained was believeable! However, the more we've looked into it and the closer our wedding date gets (sep 19th!!) the more we started doubting what we'd been told. Turns out it's a load of **** and I either need a fiancee visa (which I think takes 8 months currently) or we get married then file a spouse petition (another 8-12 months) before I'm allowed in!

Bad lawyer. I wouldn't take that advice AT ALL.

Finally I think I've seen the light and found out about the DCF, only to find out that we NOW have residency restrictions?? Is this correct?

That's correct. We also wanted to do this because my (now husband) lived in Australia for 4 years with me. The DCF rules were changed about a month before we wanted to apply. It was a bummer.

Can anyone help or give advice on what the hell we should do now? how long has it taken recent ppl to get their fiancee visa through? are we really looking at 8 months??

I have no clever advice on how to make your Sept. 19 deadline, sorry. You can role the dice and see if your K-1 application can be approved. Not sure what the timelines are like for K-1s these days but here's ours:

We applied for K-1 in May 07.

Got approved in January '08. Though, we did get ONE RFE which probably didn't affect us too much due to the backlog anyway.

Mind you, there was a huge number of applications June '07 because of the new fees. Not sure if that has died down since. There are a few new K-1ers on the board who may be able to help you out with their timelines and experiences. I'm an old timer now

Is your wedding set in stone already? As in things are booked and paid for? My husband and I personally wanted to do a K-1 because, for us, it was the quickest way to be together. We didn't want to be separated right after we got married if we went through the K-3 route. That was a personal preference on our part and I'm sure other K-3ers will say also say that their process was ideal for them. It's up to you and your fiancee to figure out which suits you best. To be honest, if we had more time and my husband was able to stay in Australia with me while we were waiting for our K-3, we would have gotten married in Australia. But when you're on a time constraint, we made the best decision for US.

Good luck with it all and try to get your money back from that silly lawyer

On another note, had my AOS Biometrics in St. Louis today. Yay! Here's hoping for a speedy approval for my EAD - I'm busting to get out there and apply for work and to START work Being a Homemaker, apparently, is not quite my deal just yet.

Edited May 23, 2008 by patriciaofoz

[CarolineM 0]

That's one of the reasons that in every piece of literature I've read from USCIS it is clear about NOT booking tickets, setting wedding plans, etc until you have your visa in hand.

BUT...it is fine for your fiance to come to America for the two of you to get married, and you can use the VWP to do that, but then he has to return to Australia. Coming to America with a tourist visa with the intent to marry is not illegal as long as from day one he plans to (and has proof to show) return home. Then you can proceed with the visa to get him here permanatly (with him in Oz and you here).

Does that make sense?

eta: I would not lie about why he's coming here to immigration! that is just a desicion that could come back to bite you later. Be honest - make sure he has tons of proof of his return to Oz, and be honest with them. Lying at any point during the process is NEVER advisable!

[Davis 0]

Hello Land down under people :-)

For the last 6 years I have been living in this beautiful county on a 457 Business sponsorship visa with my long time US girlfriend of 7 years, but as you might be able to tell I am not an Aussie but a Englishman living in Sunny Sydney

Reading the forums and help from others it looks like I should go down the I-130 route as we want to move to the US at the end of the year, as I will need to work in the US and be able to travel the fastest way to do that seems to be I-130 route. What we are thinking is we can get married here and have our fairy tail wedding with our family and friends back in the US and make a home there.

but to be able to file a I-130 and do all the interviews and other bits and pieces will I able to do that here in Sydney / Australia I have been here more than 6 months but will they allow me as I am not a true Aussie

Does any one have any experience in this mater ?

[Liam and Sam 2]

Hi all

i'm new here and trying to make sense of everything. I read on another thread that Australia is one of only a few countries where there weren't any residency requirements for the the USC!

I take it that's changed again? I'm in such a pickle as i try to call the consulate in Sydney and they say there's no one I can speak to over the telephone!

Okay okay, slow down, here's my deal.

I'm Australian, living here and my Fiancee is American, living in LA. We're not married (obviously!) but as per above, we found out that when we're married, we can do a direct consular filing... only now, it appears we cant because he's not a resident here!

Basically, we got told by an immigration lawyer in December that i didn't need a fiancee visa as we're covered under the visa waiver program, but they warned me to not mention getting married when i entered the states. the way it was explained was believeable! However, the more we've looked into it and the closer our wedding date gets (sep 19th!!) the more we started doubting what we'd been told. Turns out it's a load of **** and I either need a fiancee visa (which I think takes 8 months currently) or we get married then file a spouse petition (another 8-12 months) before I'm allowed in!

Finally I think I've seen the light and found out about the DCF, only to find out that we NOW have residency restrictions?? Is this correct?

We were so organised getting lawyers involved so early (we only announced our engagement a month ago as he hadn't met my parents yet) and were planning for a September 19 wedding in Hawaii... now looks like the laywers were wrong and we're going to miss our wedding date :-(

Can anyone help or give advice on what the hell we should do now? how long has it taken recent ppl to get their fiancee visa through? are we really looking at 8 months??

help?!

I'm not sure that I'll be able to answer all of the questions but I do know that yes the US citizen needs to have lived in Australia for 6 months prior if you're going to go the DCF route. The waiting time is really up in the air - at one point the Vermont Service Center was turning them around quite fast and now they've slowed the pace. The California is even more of a nightmare for some. When we originally started this process I read up online and saw that the K1 (Fiance visa) was faster than the K3 (Marriage visa) but I'm not sure if that's still true. We were lucky enough to finish the process within 5 or so months.

Not sure if you already have, but post this in the K1 visa forum and get other's opinions on what's the best option. Sorry I couldn't help more.

[mellie 1]

Hey All!!

Thought I would pop in since I know a few of you and let you know......

WE ARE NOW DONE TILL CITIZENSHIP!! WAHOOO!!!!

And that is SO non stress its not funny. So basically done for another 10 years.

*** DO NOT RESPOND TO THIS E-MAIL ***

The last processing action taken on your case

Receipt Number: WAC

Application Type: CRI89 , PETITION TO REMOVE CONDITIONS OF PERMANENT RESIDENT STATUS RECEIVED

Current Status: Card production ordered.

On May 30, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

*Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.

*** Please do not respond to this e-mail message.

Sincerely,

The U.S. Citizenship and Immigration Services (USCIS)