Australia DCF (Residency Requirement)

[Apoc220 0]

I'm looking to use the DCF option to apply for the visa of my fiance while I'm in Australia on a working holiday visa. Does anyone here know if my time on the working holiday visa would fulfill the residency requirements? I spoke to an immigration lawyer and he thinks that the working holiday visa SHOULD be good enough for the residency requirements, but he wasn't sure. It doesn't help that our embassy charges $3.00 a minute to talk to someone who will give you information, and they respond to emails by saying that they WON'T reply to emails. Am I the only one that sees something messed up with this? Anyway, if anyone can shed some light on this it would be greatly appreciated.

[TOM&Riz 4]

I'm looking to use the DCF option to apply for the visa of my fiance while I'm in Australia on a working holiday visa. Does anyone here know if my time on the working holiday visa would fulfill the residency requirements? I spoke to an immigration lawyer and he thinks that the working holiday visa SHOULD be good enough for the residency requirements, but he wasn't sure. It doesn't help that our embassy charges $3.00 a minute to talk to someone who will give you information, and they respond to emails by saying that they WON'T reply to emails. Am I the only one that sees something messed up with this? Anyway, if anyone can shed some light on this it would be greatly appreciated.

Section 101(a)(33) of the Immigration and Nationality Act defines "residence" as the "place of general abode; the place of general abode of the person means his principal, actual dwelling place in fact, without regard to intent."

Documentation

The following list includes, but is not limited to, the types of documentation that USCIS considers in determining whether residency is established in order to file U.S. immigration benefits with USCIS :

•

Copies of U.S. / foreign tax returns for the last three years.

•

Copies of U.S. / foreign property deeds.

•

Evidence of U.S. / foreign business ownership.

•

Evidence of U.S. / foreign property rentals and/or leases.

•

Copies of U.S./ foreign utility bills, i.e. telephone, cell phone, electrical, water, etc.

•

Evidence of U.S. immigration status, i.e. copy of naturalization certificate, certificate of citizenship, birth certificate, or greencard.

•

Evidence of foreign immigration status.

If you can prove your there for at least six months consecutive legally, your golden !

Edited August 18, 2010 by Tommy&Riza

[TOM&Riz 4]

Aha oooops my bad, I just spotted an "issue" that being your "Fiance'" ... filing direct to the embassy is available for SPOUSES or CHILDREN of a USC, this process is not available for the allocation of a K1 visa... sorry

[Scoobs 0]

My husband and I were in your situation - he arrived here last year on a work and holiday visa. We got married a few months after he arrived, he had a job and we leased an apartment. We thought he would be considered a resident. We called the consulate to see if we would qualify for DCF, but were told we didn't as he isn't considered a 'permanent' resident. Being on a work and holiday visa, he is considered a temporary visitor. We were really disappointed and reluctantly began the long journey through USCIS.