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Australians Waiting For Interview at US Consulate Sydney

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10 minutes ago, ErinB said:

Sorry for the vent, I know it's not in any way helpful, it's just impossible for other people to truly understand

Hi, please do not apologise for the vent, I like many others from Victoria will know exactly what and why you need to vent. Believe me today I came oh so close to doing just that to the health officials but I knew it would do no good. Even the Border Police on site were well over the whole process.

 

Sending out prayers to everyone still going through this.

 

John.

 

 

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Filed: K-1 Visa Country: Australia
Timeline

It nice to read finally someone else has made it to their interview from Victoria! but for us Victorian’s this whole ordeal/process is becoming some what of a joke! I know I’m not the only one, personally though it’s tiring not hearing anything day after day about a border reopening date or the embassy conducting non expedited interviews again. 

@ErinB I feel where you’re coming from even though my wait time hasn’t been as long.

I sold my house back in February, moved back in with my mum, sold/gave away everything I owned which I couldn’t/wouldn’t take. The only upside is I’m saving more coin and I get to spend more time with my dog who sadly won’t be going with me when the move happens.

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4 hours ago, John0990 said:

Howdy all, an update,I am finally in Sydney (not an easy task let me tell you.)

 

Some info - I applied for NSW border permit under the ( Attending Court / or legal obligations) it came through almost instantly, so for safe measures I rechecked everything, booked a flight from Melbourne to Sydney. Arrived at the Airport had to show my permit and documents to, no issue sent through security down to board the plane (All Good) so far.....

 

Then the fun/BS started, upon exiting the plane we were walked through the corridors (Single file) to the bag pick up area (a make shift waiting area.)

 

Then for the 35 people on the plane each one was processed one by one which took just over 3 1/2 hours (Yes 3 1/2 hrs) Mind you we ALL had to sit and wait until everyone had been processed.....Finally it came time for my turn (well OMFG) after 4 hour drive to Melbourne airport, then the flight, then the 31/2 hrs wait I was sat aside and told I may be detained and returned to Melbourne (No BS)

 

I was told those now entering from Victoria for US embassy visit does NOT come under the legal Obligation listing. So check and double check your info and permits before boarding. Luckily I was able to convince the Health Official to send me to 14 Quarantine and not send me back to Victoria after giving her the full story of how we had been separated  for over 7 months now etc etc.

 

This is NOT to scare anyone or put you off just letting you know what you may encounter under the current NSW border entry issues.

 

Hopefully the borders open soon for all.

 

Regards All.


How stressful! I had no problem but at the time I crossed they had no defined or expanded on what a “legal obligation” is. 
 

when I was in NSW for my interview someone was caught walking doing the same thing (in NSW for a visa interview) the streets, grabbing coffee. It made the news that “visa interviews aren’t a legal obligation”. The news article is attached to a post in this thread.

 

since that, they’ve expanded and defined what a “legal obligation” is which does not include consular visits unless your the consular official lol 

 

so that person ruined it for Victorians IMO. 
 

im glad you got through but what BS. So stressful. 
 

approach the border with caution ... I think you were lucky. 

Our Visa Journey:

 

2 April 2018: Married in Santa Ana, California 💒

6 June 2019: Birth of our daughter 👶👨‍👩‍👧

14 October 2019: Sent I-130 package via AusPost 📮 

18 October 2019: NOA1 received - sent to Texas Service Centre :D

24 October 2019: USCIS processed filing fee 🤑 waiting game 🕰️

22 January 2020: Andy moved back to the USA😞 🇺🇸 - re-establish domicile & to get a job 👨‍⚕️

23 February 2020: Petition transferred from Texas Service Centre to Nebraska Service Centre 😞

15 May 2020: I-130 petition approved! 😭😍 Date changes leading up to the approval were: 1 May, 12 May, 13 May. 

16 May 2020: Received NVC email, paid all fees. Waiting for fees to process so we can upload and submit all documents

19 May 2020: Immigrant visa Fees PROCESSED; affidavit of support fee PROCESSED 

28 May 2020: Submitted VISA application, civil documents & affidavit of support documents. Patiently awaiting DQ. 

2 June 2020: Email received from NVC stating that we have been Documentary Qualified and that they will liaise with US Consulate in Sydney for Interview 🐨

27 June 2020: Expedite request submitted 🤞

7 July 2020: Expedite request APPROVED! 😃😭

15 July 2020: Email received advising of interview date and time. 
20 July 2020: Medical i: n Melbourne CBD 🏥     
28 July 2020: US visa interview at US consulate Sydney - refused 221(g) issued. Request for joint sponsor 😞

31 July 2020: uploaded joint sponsor to NVC, emailed consulate 

5 August 2020: emailed received advising they have received the joint sponsor 

7 August 2020: case i0n “administrative processing” 🤞

10 August 2020: visa ISSUED 😭 

12 August 2020: passport and visa in hand!

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5 hours ago, John0990 said:

Howdy all, an update,I am finally in Sydney (not an easy task let me tell you.)

 

Some info - I applied for NSW border permit under the ( Attending Court / or legal obligations) it came through almost instantly, so for safe measures I rechecked everything, booked a flight from Melbourne to Sydney. Arrived at the Airport had to show my permit and documents to, no issue sent through security down to board the plane (All Good) so far.....

 

Then the fun/BS started, upon exiting the plane we were walked through the corridors (Single file) to the bag pick up area (a make shift waiting area.)

 

Then for the 35 people on the plane each one was processed one by one which took just over 3 1/2 hours (Yes 3 1/2 hrs) Mind you we ALL had to sit and wait until everyone had been processed.....Finally it came time for my turn (well OMFG) after 4 hour drive to Melbourne airport, then the flight, then the 31/2 hrs wait I was sat aside and told I may be detained and returned to Melbourne (No BS)

 

I was told those now entering from Victoria for US embassy visit does NOT come under the legal Obligation listing. So check and double check your info and permits before boarding. Luckily I was able to convince the Health Official to send me to 14 Quarantine and not send me back to Victoria after giving her the full story of how we had been separated  for over 7 months now etc etc.

 

This is NOT to scare anyone or put you off just letting you know what you may encounter under the current NSW border entry issues.

 

Hopefully the borders open soon for all.

 

Regards All.

Hi John,

Thank you for telling us of your experience in travelling to Sydney using the 'legal obligation' exemption. It is clear that attending an interview at the US Consulate does not come under this exemption but I'm glad you weren't sent back to Victoria despite that. Still, your experience doesn't bode well for anyone else trying that route. In fact there really isn't an exemption which would apply to those wanting to travel from Victoria for their appointment. Good luck with your quarantine!

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1 hour ago, zochu said:


How stressful! I had no problem but at the time I crossed they had no defined or expanded on what a “legal obligation” is. 
 

when I was in NSW for my interview someone was caught walking doing the same thing (in NSW for a visa interview) the streets, grabbing coffee. It made the news that “visa interviews aren’t a legal obligation”. The news article is attached to a post in this thread.

 

since that, they’ve expanded and defined what a “legal obligation” is which does not include consular visits unless your the consular official lol 

 

so that person ruined it for Victorians IMO. 
 

im glad you got through but what BS. So stressful. 
 

approach the border with caution ... I think you were lucky. 

Yes Zochu, 

 

The legal obligation criteria is now spelled out as: 

"to attend court as a defendant, witness or a lawyer in a case, or to meet other legal obligations imposed by a court or an Act (such as bail or parole obligations)" https://www.service.nsw.gov.au/transaction/apply-covid-19-nsw-border-entry-permit

 

This obviously does not give any leeway to include attending a foreign consulate for a visa interview. John was indeed very lucky. I don't think Sydney realize that there really is no exemption criteria that applies to Victorians unless they live near the border. 

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Filed: K-1 Visa Country: Australia
Timeline
8 hours ago, John0990 said:

Howdy all, an update,I am finally in Sydney (not an easy task let me tell you.)

 

Some info - I applied for NSW border permit under the ( Attending Court / or legal obligations) it came through almost instantly, so for safe measures I rechecked everything, booked a flight from Melbourne to Sydney. Arrived at the Airport had to show my permit and documents to, no issue sent through security down to board the plane (All Good) so far.....

 

Then the fun/BS started, upon exiting the plane we were walked through the corridors (Single file) to the bag pick up area (a make shift waiting area.)

 

Then for the 35 people on the plane each one was processed one by one which took just over 3 1/2 hours (Yes 3 1/2 hrs) Mind you we ALL had to sit and wait until everyone had been processed.....Finally it came time for my turn (well OMFG) after 4 hour drive to Melbourne airport, then the flight, then the 31/2 hrs wait I was sat aside and told I may be detained and returned to Melbourne (No BS)

 

I was told those now entering from Victoria for US embassy visit does NOT come under the legal Obligation listing. So check and double check your info and permits before boarding. Luckily I was able to convince the Health Official to send me to 14 Quarantine and not send me back to Victoria after giving her the full story of how we had been separated  for over 7 months now etc etc.

 

This is NOT to scare anyone or put you off just letting you know what you may encounter under the current NSW border entry issues.

 

Hopefully the borders open soon for all.

 

Regards All.

Did you have the relevant Act printed out as evidence to show it is a legal obligation to personally appear in front of the consular officer (seeming the border permit category specifies in order to "comply with an Act"?). I had no issue with the NSW authorities when I entered NSW but I had that evidence. It is a legal obligation as they have defined it and I printed out the relevant legislation. Both NSW Health and NSW Police (and Service NSW on the phone multiple times before I flew) were all completely supportive and all said yes, legal obligation. But I believe you have to show how it fits under legal obligation as they have defined it (show the relevant Act).

I'll agree though that the process is insane. And I think it's ridiculous they are not checking people's evidence before they fly (and it's cruel, to be honest, especially when you believe you fit under a permit category and are even assured by Service NSW that they believe you do too). 

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1 minute ago, Lelly said:

Did you have the relevant Act printed out as evidence to show it is a legal obligation to personally appear in front of the consular officer (seeming the border permit category specifies in order to "comply with an Act"?). I had no issue with the NSW authorities when I entered NSW but I had that evidence. It is a legal obligation as they have defined it and I printed out the relevant legislation. Both NSW Health and NSW Police (and Service NSW on the phone multiple times before I flew) were all completely supportive and all said yes, legal obligation. But I believe you have to show how it fits under legal obligation as they have defined it (show the relevant Act).

I'll agree though that the process is insane. And I think it's ridiculous they are not checking people's evidence before they fly (and it's cruel, to be honest, especially when you believe you fit under a permit category and are even assured by Service NSW that they believe you do too). 

Despite us twisting ourselves in knots trying to make the legal obligation apply in our case I believe the further clarification NSW Health has made points to it being an Australian legal obligation under an Australian Act. John’s experience of having to plead his case to not be sent back is a warning that this is the case. But this is my opinion. I wouldn’t risk it. 

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7 hours ago, zochu said:


How stressful! I had no problem but at the time I crossed they had no defined or expanded on what a “legal obligation” is. 
 

when I was in NSW for my interview someone was caught walking doing the same thing (in NSW for a visa interview) the streets, grabbing coffee. It made the news that “visa interviews aren’t a legal obligation”. The news article is attached to a post in this thread.

 

since that, they’ve expanded and defined what a “legal obligation” is which does not include consular visits unless your the consular official lol 

 

so that person ruined it for Victorians IMO. 
 

im glad you got through but what BS. So stressful. 
 

approach the border with caution ... I think you were lucky. 

Hi Zochu, yes I was very lucky which is why I thought it best to let others know of possible issues.

 

And yes you got it right with issue on those who broke quarantine that may have caused the issue.

 

The last heard on the border closures was that NSW is (supposedly) looking at trying make changes to the restrictions before Christmas (fingers crossed for all)

 

Cheers.

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4 hours ago, Lelly said:

Did you have the relevant Act printed out as evidence to show it is a legal obligation to personally appear in front of the consular officer (seeming the border permit category specifies in order to "comply with an Act"?). I had no issue with the NSW authorities when I entered NSW but I had that evidence. It is a legal obligation as they have defined it and I printed out the relevant legislation. Both NSW Health and NSW Police (and Service NSW on the phone multiple times before I flew) were all completely supportive and all said yes, legal obligation. But I believe you have to show how it fits under legal obligation as they have defined it (show the relevant Act).

I'll agree though that the process is insane. And I think it's ridiculous they are not checking people's evidence before they fly (and it's cruel, to be honest, especially when you believe you fit under a permit category and are even assured by Service NSW that they believe you do too). 

Hi Lelly, that would be a yes for the documents I tried to make sure I had everything just because. 

 

Even though it is a legal obligation under the Act the one I was processed by had one concerns for that as it did not relate to Australia but the US.

 

I agree with you on the cruel part of letting one fly to then face possible return. The only question I had asked in Melbourne was what is your reason (Stated and showed info for Embassy) and was allowed through. I do keep in mind that I may just of had one of those people for according to other officials the previous days travellers where processed in just on an hour and with no issues.

I want to keep everything as transparent of possible for all.

 

So my thoughts are, yes apply if you feel you have the reasons, but please do make sure you have Everything with you to support your case.

 

I am here now thankfully and will any information updated I can. I know we just all want this over and done with.

 

Cheers All.

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8 hours ago, Broadford said:

It nice to read finally someone else has made it to their interview from Victoria! but for us Victorian’s this whole ordeal/process is becoming some what of a joke! I know I’m not the only one, personally though it’s tiring not hearing anything day after day about a border reopening date or the embassy conducting non expedited interviews again. 

@ErinB I feel where you’re coming from even though my wait time hasn’t been as long.

I sold my house back in February, moved back in with my mum, sold/gave away everything I owned which I couldn’t/wouldn’t take. The only upside is I’m saving more coin and I get to spend more time with my dog who sadly won’t be going with me when the move happens.

Hi Broadford, I have to agree its the not hearing anything that is the hardest by far as it just leaves us all sitting waiting, wondering.

 

I can not thank the one who started this thread enough for without it we would all still be sitting in a fog just waiting. 

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6 hours ago, Mayflower girl said:

Hi John,

Thank you for telling us of your experience in travelling to Sydney using the 'legal obligation' exemption. It is clear that attending an interview at the US Consulate does not come under this exemption but I'm glad you weren't sent back to Victoria despite that. Still, your experience doesn't bode well for anyone else trying that route. In fact there really isn't an exemption which would apply to those wanting to travel from Victoria for their appointment. Good luck with your quarantine!

Hi Mayflower, As I said my post is in NO meant to put anyone off just giving my own story of the days events. As said in another post maybe I just had one of those difficult people who knows just make sure to gather ALL supporting Docs possible.

 

Prayers the Borders will actually open soon.

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6 hours ago, Mayflower girl said:

Yes Zochu, 

 

The legal obligation criteria is now spelled out as: 

"to attend court as a defendant, witness or a lawyer in a case, or to meet other legal obligations imposed by a court or an Act (such as bail or parole obligations)" https://www.service.nsw.gov.au/transaction/apply-covid-19-nsw-border-entry-permit

 

This obviously does not give any leeway to include attending a foreign consulate for a visa interview. John was indeed very lucky. I don't think Sydney realize that there really is no exemption criteria that applies to Victorians unless they live near the border. 

Yes I can back up the statement above as according to the who processed my entry stated the entry permit did once include the section on Visa visits but has since been removed.

 

Yes I do indeed count myself as very lucky to still be here in Sydney. I can only hope something is done very soon to fix this issue for the stress it is causing to people already under stress is not good, not at all.

 

May we all be with our loved ones soon.

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Well, I am starting to get a little nervous...

We submitted our expedite request on the 10th. Finally got a reply that they'd received it and were reviewing it on the 19th. It's now a week later, and still nothing. 

I'm posting this so that, hopefully when a reply does actually come through, anyone who's going through the same process can see how long it took for us. 

I'm hoping taking extra time just means they have lots and lots to review, and not that they're thinking about denying it.

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24 minutes ago, ErinB said:

Well, I am starting to get a little nervous...

We submitted our expedite request on the 10th. Finally got a reply that they'd received it and were reviewing it on the 19th. It's now a week later, and still nothing. 

I'm posting this so that, hopefully when a reply does actually come through, anyone who's going through the same process can see how long it took for us. 

I'm hoping taking extra time just means they have lots and lots to review, and not that they're thinking about denying it.

Hi Erin, just for your info with my expedite it took from the 23 Sept to the 7 Oct to go from application to accepted. I then received an email from the Embassy with the three standard options on the 20th Oct. I am sure they have a few to go through.

Stay positive.

 

Cheers John.

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Im just wondering if anyone without an expedite has had an interview?

We are NOT expedited. DQ 2nd June, and today received the cancelled interview email. 

Should I begin getting hopeful? 😂

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