Help! A Very Complex Situation

[kimcheez 0]

Hi all,

This is my first time posting and I hope you can help me. I am an Australian Citizen marrying a US Citizen in April 2006. That's pretty straightforward...but here's where it gets complicated. I left the US in 2004 (I was on a work visa then) to come back to Singapore for family reasons (my entire family lives in Singapore). I've been here on a short term tourist visa, meaning that I leave the country every 90 days and come back so my 90 days gets renewed. My fiance will be flying down to Singapore in April to get married and staying here for 3 weeks before he returns to the US. I am unable to file a DCF through the US Embassy in Singapore because they only deal with Singapore Citizens or US Citizens who have permanent residence or a work visa in Singapore.

My dilemma is, since we have a week after the wedding, should we take the risk to fly to Sydney to get the DCF filed? Is it even feasible since technically I don't have a "residence" in Australia? I would really appreciate if you had any advice. Thanks so much

[mellie 1]

Only one of you has to be resident in Australia to file DCF. You can get married anywhere in the world, so long as you are married and can prove it!!

For more info on this method of filing, there are about 3 different threads going right now explaining what you need to do to get it started, so take a look!!! I just finished DCF through Sydney with my husband, Karo is going in March, wolvendove is just starting to file (I beleive). So theres quite a few out there!! Read away!!

[Ameristralian 0]

Hi all,

This is my first time posting and I hope you can help me. I am an Australian Citizen marrying a US Citizen in April 2006. That's pretty straightforward...but here's where it gets complicated. I left the US in 2004 (I was on a work visa then) to come back to Singapore for family reasons (my entire family lives in Singapore). I've been here on a short term tourist visa, meaning that I leave the country every 90 days and come back so my 90 days gets renewed. My fiance will be flying down to Singapore in April to get married and staying here for 3 weeks before he returns to the US. I am unable to file a DCF through the US Embassy in Singapore because they only deal with Singapore Citizens or US Citizens who have permanent residence or a work visa in Singapore.

My dilemma is, since we have a week after the wedding, should we take the risk to fly to Sydney to get the DCF filed? Is it even feasible since technically I don't have a "residence" in Australia? I would really appreciate if you had any advice. Thanks so much

The best answer I could find is in regards to non-aussies:

(Q) CAN A THIRD COUNTRY NATIONAL (NOT A PERMANENT RESIDENT OF AUSTRALIA) APPLY FOR AN IMMIGRANT VISA IN AUSTRALIA?

(A) In some cases. First, that person must show that they have permission from the Australian Department of Immigration to remain in Australia for 6 months or longer. Depending on the immigrant visa category involved, it is possible that we would accept that person's immigrant visa application. In general, however, the person must have some ties to Australia; that is, some reason for being here beyond applying for the visa.

SOooooo, I would say contact the embassy and see what requirements you would need to meet. So let me get this straight, you fly into Singapore for 90 days, and then return to Australia to get the tour visa renewed and go for another 90 days? Or is the US involved somehow? If you are going back to Oz every 90 days, where do you stay? What about your passport? Do they have addresses? I can't recall my own.

Bottom line: Get in touch with the embassy and find out exactly what you need to do.

[meauxna 15]

I agree with Ameristralian: fax the Consulate's Immigrant Visa Unit and explain your situation *briefly and clearly*---you are temporarily resident with your family in Singapore but are an Austramlian citizen. You'll have your marriage with your family in Singapore and would like to show your homeland to your new spouse and would they be so kind as to let him file his petition with them in Sydney while he is in the country.

I would emphasize any ongoing ties to Australia that I could find.

[kimcheez 0]

Thank you all for your responses. It has definately given me a clearer picture of what I am up against! I have a couple more questions:

1. Will the US Embassy in Sydney send me the I-130 as well as the Packet 3 to my address in Singapore?

2. We are planning to do our honeymoon in Sydney and kill two birds with one stone...is it possible to get the visa in 1 week (max 10 days) if everything goes according to plan?

Thanks again for all your help. I really appreciate all the great advice...take care