What's the latest on Australia and DCF?

[captainpolyester 0]

It's funny, but I spent months researching the application for the I-130 in sydney (where my fiance lives).

Got all the intial papers ready.

Wrote everything down in the exact order I needed so I'd be ready.

Then we got engaged in October.

A few weeks ago I decided it was time to start putting the papers in motion and BAM!!!

. . . . everything's changed, and I've no idea how the current system is working, or if we're even eligible anymore for DCF in Sydney. . .

I spent two years in australia at UNI.

I'm a USC who currently lives in New York.

She's Aussie.

We're getting married in January (in NSW). . .

. . . eventually are going to settle in Sydney, but she'd like to come live in the US for the year I have left at work,

. . . and from what I can tell, I don't think we can apply anymore because of residency restrictions.

Does this sound right. . .

. . . and if so, does anyone have advice on an alternate option I should be looking into?

hmmmmmm.

[Kath 0]

hi matt

yep your right the current situation with DCF in Australia is the U.S. citz has to be living in oz for a certain amount of time and then you can apply for DCF...

Your other option would be to apply for K3 or CR1/IR1 for your future wife to come to the states for a year...im wondering if your only going to stay in the states for a year would it be better to apply for another type of visa..

such as a tourist visa ...but it all depends what your future plans are for living in the states i guess...

sydney consulate

take care

kath

[captainpolyester 0]

Thanks, Kath.

Yeah, I had wondered that too.

She doesn't really need anything more than a work permit for the time she'd be here.

It's the only thing that's really time sensitive.

The tough part is her job.

She teaches primary education and specializes in underserved populations (right now her school is mostly sudanese refugees).

She'd like to work with a similar situation in the US for the short time she'd be here, but those are usually going to be public schools.

The public schools here have so many government regulations and restrictions, that they generally can't do much to help her get a visa, which leaves me and my status as a US citizen as the main resource she's got.

The K-3 is a reatively new thing, isn't it?

From what I understand it's applied for after the marriage.

That might be the next plausible option.

I'll have to read up a bit.

Matt

[Kath 0]

hi ya

if your finance is wanting to work over in the states your best bet would be to go for the CR1/IR1 that way she enters as a permanent resident and gets a greencard within 2 or so weeks on arriving here..the greencard will allow her to pursue work here...

the K3 she would have to apply for AOS and that could take up to half her stay in the states mate..

take a look at the guides at the top of the page to see what im talking about...and also timelines of other aussies also at the top of the page that will give you an idea of how long it takes for the pettition approval and interview..

kath

[MargotDarko 0]

Hello. You have quite a lot of things to consider. As you're not eligible for filing in Australia, you're looking at very long wait times. If you file immediately after getting married in January, she wouldn't be able to enter the US on a CR1 immigrant visa for roughly 10 to 12 months (that's if nothing goes wrong). A K3 visa should take roughly six to seven months, but then she'd be waiting three months for employment authorization. And I'm sure there's a whole other bag of confusion thrown in with different state laws on requirements for teachers.

What is your last year at your current job? 2008 or 2009? If it's 2008, I think you should seriously consider not trying to do any US immigration for her at all. It is expensive and time consuming, and she would lose her US permanent residence after she had returned to Sydney for a while. If it's 2009, then it's probably worth it. You're right that it's exceptionally hard to get a work permit.