American in Oz, considering DCF. totally lost.

[Shilojean 0]

Hi all.

I'm a US citizen married who married an Aussie last September in NYC. We chose not to stay in the US because the Mister had a really incredible job opportunity in Brisbane that would last a year so I got a working holiday visa (at the recommendation of the Australian consulate in DC) and we moved to Queensland.

Well our year here is over half complete and it's probably way past time we started figuring out how we could legally move back to the states.

Reading though the oceans of visa options, I've come across DCF which seems like it would work for us because I have legitimately lived in Oz over 6 months, but holy ####### is the process convoluted and any clarification would be deeply appreciated.

I read through the entire pinned DCF - Australia thread and there *seems* to be some great info there except whoops! it hasn't been updated in 2 years so they're probably changed everything since then.

some questions:

1. Do I need my back tax forms to do all this? because mine are all currently locked up tight in a storage unit in Queens. #######. T'was a genius move to leave them behind I know, but unfortunately I cannot time travel back and think to take them along.

2. I do still have proof of domicile back in New York - my apartment is subletted to friends, but I remain the lease holder although yeah, again, totally a document I didn't think to bring. whoops! I can always get my landlord to mail me a copy internationally, but should I actually go to the trouble? anyone think it might matter in the least?

3. I had to quit my job in the US to move to Australia with my husband. I've been working since we arrived, but how do I prove that I'll have a job upon return since I, uhh, wont?

4. does anyone in Australia know exactly HOW many freaking times we're gonna have to fly to Sydney to make this all happen? Once? Twice? Nineteen times?

Thanks in advance everyone. I'm totally in awe of your form number and acronym mastery, y'all sound more informed than the last lawyer I spoke to.

-Shilo

[Penguin_ie 5,994]

1. You will need tax forms; you might be able to get copies online if you field that way, or directly from the IRS.

2. Very dependant on the embassy, hopefully some Aussies will reply on this.

3. You will need to financially sponsor your husband. Either you find a job in the USA and start work before his interview, or you use assets, or a co-sponsor in the USA.

[hdouthit 1]

Hi all.

I'm a US citizen married who married an Aussie last September in NYC. We chose not to stay in the US because the Mister had a really incredible job opportunity in Brisbane that would last a year so I got a working holiday visa (at the recommendation of the Australian consulate in DC) and we moved to Queensland.

Well our year here is over half complete and it's probably way past time we started figuring out how we could legally move back to the states.

Reading though the oceans of visa options, I've come across DCF which seems like it would work for us because I have legitimately lived in Oz over 6 months, but holy ####### is the process convoluted and any clarification would be deeply appreciated.

I read through the entire pinned DCF - Australia thread and there *seems* to be some great info there except whoops! it hasn't been updated in 2 years so they're probably changed everything since then.

some questions:

1. Do I need my back tax forms to do all this? because mine are all currently locked up tight in a storage unit in Queens. #######. T'was a genius move to leave them behind I know, but unfortunately I cannot time travel back and think to take them along.

Yes you do need the past year's tax forms (preferrably the past 3 years). You can contact the IRS and they can help you with that.

2. I do still have proof of domicile back in New York - my apartment is subletted to friends, but I remain the lease holder although yeah, again, totally a document I didn't think to bring. whoops! I can always get my landlord to mail me a copy internationally, but should I actually go to the trouble? anyone think it might matter in the least?

My husband just showed that he had ties still in the US - bank statement, house ownership/tenancy etc

3. I had to quit my job in the US to move to Australia with my husband. I've been working since we arrived, but how do I prove that I'll have a job upon return since I, uhh, wont?

You don't have to show that you have a job, but you do have to show (via I-864) that you can financially support your husband in the USA. If you can't show that, you will need a sponsor to help meet the poverty guidelines.

4. does anyone in Australia know exactly HOW many freaking times we're gonna have to fly to Sydney to make this all happen? Once? Twice? Nineteen times?

You have to be in Sydney for the initial interview to start the process off (your husband does not have to be there)

When you have all of your documents together (way down the road), your husband flies to Sydney for his final interview and *hopefully* a visa granted. So, two trips in total - one for you and one for him.

Thanks in advance everyone. I'm totally in awe of your form number and acronym mastery, y'all sound more informed than the last lawyer I spoke to.

-Shilo

[trailmix 77]

Hi,

If you are eligible to file directly at the consulate in Australia, it will require two trips, one to file the I-130 and one for the interview.

I'm not sure how strict the Sydney consulate is about your residency (as the USC), some consulates are more flexible than others.

They say on their website:

"Petitioners must be able to show that they have permission to reside in the consular district and that they have been doing so for at least six months before filing the petition. U.S. citizens whose principal residence is not in the consular district, and/or who have entered the consular district as a temporary visitor,student,or with limited leave to enter and remain, must file the petition with the appropriate(USCIS) Service Center in the United States".

You can obtain tax transcripts from the IRS, so that shouldn't be a problem.

Before getting in to the DCF info much further, I would recommend you contact the Sydney consulate directly, explain how you have come to be in Australia and what visa you have and see if the will even accept a petition from you there.

If not, you can still get the ball rolling now by filing with USCIS in the U.S.

[kaffy 2]

1. You can call the IRS and request transcripts. They can mail them internationally but the wait is longer so if you want them quicker just get them sent to someone stateside and ask that person to forward it to you.

2. Ask your landlord to mail you a copy. The more pieces you can pull together the better. Do you still hold a current license? How about active bank accounts? Are you still receiving mail at an address in the States? Bring along as much proof as you can get

3. Unless you have enough assets to qualify as a sole sponsor, the majority of DCFers use a joint sponsor. We did and it was no problem.

4. Twice. Once to file the I-130 petition (only the US citizen petitioner needs to be present) and a second time for the visa interview (only the non-US citizen immigrant needs to be present).

[trailmix 77]

Or you can just ask the IRS to fax them to you, much quicker that way.