Hi Everyone!

A little background..I'm a US citizen living with my (Australian) husband in Australia. We are planning to move back to the U.S. this August (I realize we may have to be separated for a while). I've been trying to find out how to file the I-130 and supporting documents in Melbourne, but have been having trouble.

First, Sydney's consulate e-mailed me back after I asked how to file and told me that I could just show up on a set day with all necessary documents. So I do that and it was wrong (I think the Sydney consulate thought I was filing in Sydney). You need an appointment to file in Melbourne, but no one at the Melbourne consulate would tell me how to make an appointment. They told me to go online, which I did, but Visa Point is for non-immigrant visas only, right? I couldn't find where to schedule for immigrant visas.

So I guess my question is how do you get the whole process started in terms of filing the petition?? Do I have to call someone to file directly in Melbourne? I tried e-mailing the Melbourne consulate, but they haven't responded and it's been well over a week. I just don't what I'm doing and am really anxious to get the process underway. I really don't want to be separated from my husband for any longer than necessary.

Sorry this is long..I'm just frustrated and need a bit of guidance on this whole process.

Thanks!

http://canberra.usembassy.gov/consular/visas/iv/file.html

Please e-mail MelbourneACS@state.gov to schedule an appointment to lodge your petition.

We were also told to file in Sydney but then Sydney said that was incorrect. When we tried the Consular filing in Melbourne we were told they no longer did them. This was back in May of last year after my husband and I got married in Melbourne. We unfortunately got a lot of run around and no real help I'm sorry to say.

I don't know if you can just go down and wait in line and see if you can speak to someone with a clue to help you out. Cause getting any information over the phone is like pulling hens teeth.

I don't envy the frustration you're going to experience and there is always a time factor involved. In fact we got so frustrated with it all that after I returned to California, we investigated visas for us to live in Australia and we were going to go that route. A visa for a US citizen spouse to move to Australia would have taken at most about a month to receive. That would have been for me and the kids and one filing fee of $1325. So we filed for a B-2 visa, and he did get it, because the intent was for him to come here and help move me and my kids out there, but then my eldest got herself into some legal trouble. So... plans changed and were having to stay here. So now we are waiting for the I-130 and I-485 to finished being processed.

Sorry to ramble....but I was so mad at the Consulate I could have spit nails.

Thanks..I've tried that and have had no response. I sent a follow up e-mail yesterday, so maybe that will help get an answer?

I definitely know how you feel! No one will answer questions and the web says things that contradict eachother. Under Melbourne is says to go to Sydney and under Sydney it says you can now file directly at Melbourne, Canberra, etc. I called the helpline once and the advisor gave me information that I found out later was wrong???

When I went to file my I-130 (after I was told the wrong information) no one at the Melbourne consulate would help me and I was standing right there, so I'm assuming that's out of the question. Hopefully someone will email me back and I can get this underway..

It's such a hassle. Anyways, I hope your husband's visa comes through alright. Thanks for sharing!

Thanks for reading.

I was just talking to my husband about this post and we were reminiscing about our attempt at Direct Consular Filing. He reminded me that we were told that they no longer did DCF as of January 2007 and this was because of the Adam Walsh law.

I don't know if this still stands but that is what we were told in May 2007.

Well, Sydney e-mailed me back (still haven't heard from Melbourne!!). They gave me a couple useful documents about filing in Australia. I'll copy and paste it here. Hopefully this will help someone going through similar issues. **WARNING : LONG**


CONSULATE GENERAL OF THE UNITED STATES
LEVEL 59 MLC CENTRE 19-29 MARTIN PLACE SYDNEY NSW 2000
http://sydney.usconsulate.gov/sydney

IMMIGRATING AS THE SPOUSE OF AN AMERICAN CITIZEN

Thank you for your recent inquiry about immigrating to the United States as the spouse of an American citizen. Please read the following instructions carefully. For your convenience, we have included the website addresses where the required instructions and forms may be downloaded from.

Immigration is a two-step process:

•First, the American citizen files a petition (Form I-130) to establish the relationship and the visa category. Forms I-130 and G-325A may be downloaded from the following website addresses: http://www.uscis.gov/files/form/I-130.pdf or http://www.uscis.gov/files/form/g-325a.pdf All four pages of Form G-325A must be completed for each of the petitioner and the beneficiary.
•Second, the spouse of the American applies for a visa.

Step One: Filing the Petition

Please note:

•The U.S. citizen is the Petitioner & Sponsor
•The visa applicant is the Beneficiary
•The I-130 petition cannot be filed until after the marriage has taken place.
•Unlike filing petitions in the United States, the petition must be submitted in person, not by mail.
•The petitioner must have maintained a continuous residence in Australia and must be able to show that they have permission to reside in Australia and that they have been doing so for at least six months before filing the petition.
•If the petitioner is a member of the U.S. military stationed in Australia, a copy of his/her orders must accompany the I-130 petition.

To file the petition, the petitioner is required to submit supporting documents for him/herself as well as for his/her spouse and any children accompanying the visa applicant. Please refer to the attached “Checklist for Filing I-130 Petitions for Spouses, Children & Stepchildren.” The petitioner is also required to satisfy a Consular Officer that the relationship with the beneficiary is valid and exists for more than just the purpose of immigration.

New South Wales, ACT, Queensland

Petitioners residing in the New South Wales, ACT, and Queensland must personally file I-130 petitions at the U.S. Consulate General in Sydney. We accept petitions by appointment only between 8:00 a.m. and 12:00 noon except U.S. and Australian holidays. The security guards must screen you before 11:45 a.m. Please e-mail the Consulate General in Sydney at SydneyPetitions@state.gov for an appointment to file your I-130 petition. This e-mail address is to be used only for requesting I-130 filing appointments. All other immigration inquiries should be addressed to sydneyiv@state.gov

The package of instructions known as “Packet 3,” used by a beneficiary to apply for his/her immigrant visa, will not be mailed until an I-130 petition is filed and approved at the U.S. Consulate General in Sydney.



Petitioners residing in Victoria, South Australia, the Northern Territory, and Tasmania may personally file I-130 petitions at the U.S. Consulate General in Melbourne. Please e-mail the Consulate General in Melbourne at MelbourneNIV@state.gov for an appointment to file your I-130 petition.

Upon approval of the petition, it will be transferred to Sydney for further processing. Please note that the visa applicant’s final visa interview must take place in Sydney. The Consulate General in Melbourne does not conduct immigrant visa interviews.

The package of instructions known as “Packet 3,” used by a beneficiary to apply for his/her immigrant visa, will not be mailed until an I-130 petition is filed and approved at the U.S. Consulate General in Sydney.

Alternatively, you may personally lodge the I-130 petition at the U.S. Consulate General in Sydney. Please e-mail the Consulate General in Sydney at SydneyPetitions@state.gov for an appointment.



Petitioners residing in Western Australia may personally file I-130 petitions at the U.S. Consulate General in Perth, Monday to Thursday between 8:30 a.m. and 11:30 a.m.

Upon approval of the petition, it will be transferred to Sydney for further processing. Please note that the visa applicant’s final visa interview must take place in Sydney. The U.S. Consulate General in Perth does not conduct immigrant visa interviews.

The package of instructions known as “Packet 3,” used by a beneficiary to apply for his/her immigrant visa, will not be mailed until an I-130 petition is filed and approved at the U.S. Consulate General in Sydney.

Alternatively, you may personally file the I-130 petition at the U.S. Consulate General in Sydney. Please e-mail the Consulate General in Sydney at SydneyPetitions@state.gov for an appointment.

Adam Walsh Act Namecheck for Petitioner:

Upon receipt of the visa applicant’s I-130 petition, the U.S. Consulate General in Sydney will transmit information on the petitioner to the National Visa Center (NVC) in Portsmouth, New Hampshire. NVC will forward the petitioner’s information to the Vermont Service Center (VSC) to perform background checks, determining whether Adam Walsh Act ineligibility issues are present.

The results of the name check process will be returned to the U.S. Consulate General in Sydney by NVC. If the petitioner’s name check is clear, the petition will be approved and the immigrant visa process may begin. If the petitioner does not clear the process, the filed petition and supporting documents will be forwarded to the United States Citizenship and Immigration Services (USCIS) office in Bangkok, Thailand.

Receiving “Packet 3”:

When the petitioner has cleared the Adam Walsh Act process, the initial set of forms and instructions (“Packet 3”) will be mailed to the visa applicant to begin processing his/her visa application. On receipt, the applicant should complete and return forms DS-230 Parts I & II (“Application for Immigrant Visa Application & Registration”) as soon as possible to the U.S. Consulate General in Sydney.

Please note we can only accept original forms, not faxed or scanned copies.

Step Two: The Visa Interview (for the visa applicant)

Scheduling the visa interview:

The “Instructions for Immigrant Visa Applicants – Overview” lists items that you are expected to have for the visa interview. When you have obtained all of the documents required for your case, complete and mail (do not fax or scan) Form DS-2001 to advise the U.S. Consulate General in Sydney that you have all items and are ready for your final visa interview. The first available appointment will be scheduled.

While we cannot guarantee the interview will match your proposed travel plans, we will try to schedule it as near as possible to your desired departure date.

Your interview will be scheduled only after the U.S. Consulate General in Sydney has in their files an approved I-130 petition, DS-230 Parts I & II, and your DS-2001 forms.

Processing immigrant visa applications takes time, and occasionally unexpected ineligibilities or omissions in documentation only become apparent at the interview stage.
Therefore, please do not make any irrevocable arrangements, such as purchasing non-refundable tickets, selling your home, or quitting your job until after your visa is actually approved and issued. You will have six (6) months from the date the visa is issued to travel to the United States.

Processing the visa:

The total application processing and security surcharge fee is US$355.00 or AUS$408.25 per person. This is paid at the U.S. Consulate General in Sydney just before the visa interview, in the form of cash, credit card, money order, or bank check made payable to the “U.S. Consulate.” This fee is non-refundable, whether or not the visa is issued. Personal and company checks cannot be accepted. Change can only be provided for transactions conducted in Australian currency.

You should also bring to your interview a pre-paid self-addressed 3kg Express Post envelope (plastic satchel) purchased from Australia Post. We will use this to mail your visa to you when it is issued, as we do not issue visas on the same day as the interview. If it is determined at your interview that you need to submit additional documents, you can mail them afterwards. An immigrant visa is valid for six months from the date of issuance.

The Consulate General in Sydney is the only office in Australia that processes U.S. immigrant visa applications and conducts immigrant visa interviews. The Consulates General in Melbourne and Perth can accept I-130 petitions for immigrant visas, but do not process immigrant visas or conduct immigrant visa interviews.

Information on these categories of visas is available by mail or e-mail (sydneyiv@state.gov), or from our web site at http://usembassy-australia.state.gov.


Enclosed (if receiving instructions by mail):
Petition, Form I-130, & instructions


CHECKLIST FOR FILING I-130 PETITIONS
FOR SPOUSES, CHILDREN & STEPCHILDREN

Documents to be presented for U.S. citizen petitioner:

1. Fee of US$355.00 or AUD$408.25 in cash, credit card, postal money order, or bank check made payable to the U.S. Consulate General, Sydney. Personal and company checks cannot be accepted. Change can only be provided for transactions conducted in Australian dollar cash.
2. Fully completed and signed I-130, Petition for Alien Relative.
3. Valid U.S. passport and one photocopy of the passport’s biographic and photo page.
4. One photocopy of the passport page showing your valid Australian visa.
5. One photocopy of the passport page showing your arrival stamp into Australia.
6. Valid Australian passport and one photocopy of the passport’s biographic and photo page if you hold dual, American and Australian nationalities.
7. Original evidence of name change (if applicable) and one photocopy.
8. Original evidence of termination of any prior marriages and one photocopy.
9. Original current marriage certificate and one photocopy. (Please note that the marriage certificate you signed on your wedding day is insufficient for immigrant visa purposes. Instead, you must submit a copy issued by the Australian Registrar of Births, Deaths and Marriages, or from the applicable Court or Registrar offices of the country where you were married. The certificate must bear an original seal of that issuing office.)
10. One photograph, in the format specified at the end of this information sheet.
11. One fully completed biographic data, form G-325A.
12. Evidence of a valid relationship

Documents to be presented for foreign spouse:

1. Original evidence of name change (if applicable) and one photocopy.
2. Original evidence of termination of any prior marriages and one photocopy.
3. One photograph, in the format specified at the end of this information sheet.
4. One fully completed biographic data form G-325A.


Documents to be presented for foreign born children or stepchildren

•To file petitions for a step-child, the child must have been under the age of 18 at the time the U.S. citizen petitioner married the child’s natural parent.
•Do not submit the biographic data form G325A nor photographs if filing for child or stepchild.

Please present the following for a child or stepchild:

1. Original birth certificate of child/stepchild and one photocopy.
2. Original evidence of name change or adoption decree (if applicable) and one photocopy.
3. Original evidence of termination of any prior marriages of the child’s natural parent (if applicable) and one photocopy.

Format for photographs:

• Frame subject with full face, front view, eyes open
• Make sure photo presents full head from top of hair to bottom of chin; height of head should measure 1 inch to 1-3/8 inches (25 mm to 35 mm)
• Center head within frame (see sketch below)
• Make sure eye height is between 1-1/8 inches to 1-3/8 inches (28 mm and 35 mm) from bottom of photo
• Position subject and lighting so that there are no distracting shadows on the face or background
• Encourage subject to have a natural expression

Here is the second document the Sydney consulate sent me. Know if the Melbourne consulate will just e-mail me back so I can make an appointment!


CONSULATE GENERAL OF THE UNITED STATES
LEVEL 59 MLC CENTRE 19-29 MARTIN PLACE SYDNEY NSW 2000
61-2-9373-9200 sydney.usconsulate.gov/sydney


Under the revised procedures for filing petitions outside of the U.S., embassies and consulates may resume accepting I-130 petitions from American citizen petitioners who have maintained continuous residency in the consular district a minimum of the preceding six months. 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.

Exceptions to the petitioner’s residency abroad requirement can be made only in cases of true emergency such as life and death or health and safety or when in the national interest. Examples would include minor children who would be unexpectedly left without a caretaker. Family reunification or new marriages alone are not emergencies. Examples of national interest include facilitating the travel of United States military and other U.S. government direct hire employees assigned overseas who are pending imminent transfer on orders and need to petition their spouse and minor children at posts overseas. Individuals who are in Australia on a temporary status, such as student or tourist, would not be considered to meet the residency standard.

All lawful permanent residents, and American citizens’ resident in the United States or with a permanent address in the United States, will file the I-130 petitions at the USCIS Service Center having jurisdiction over their place of residence as indicated on the USCIS website: http://www.uscis.gov/files/form/i-130.pdf


Quote the language in 9 FAM Appendix N, 201.1,

“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.”

Okay, it looks like they are resuming the DCF filings. They weren't doing it at ALL when we tried.

That must have been frustrating. I don't think they realize how time consuming and difficult it can be to organize everything from a different country. Why would they get rid of DCF? I'm glad it's been brought back though.

Oh, I finally got an e-mail back from the Melbourne consulate this morning. They offered me an appointment time on next Wednesday! I FINALLY feel like we've made a bit of progress! I'm really hoping that Wednesday goes smoothly and we can get all the necessary paperwork quickly. I don't want to be separated from my husband.

We had to do 5 1/2 months of separation. June 1st 2007 to November 13th 2007. He came in on a B-2 visa....which we almost didn't get because we were married. He was refused the first time but we got it the second time. Otherwise he'd still be there.

Why was he refused (if you don't mind me asking)? I think we're doing the K3, but I'm going to try and ask about our options at the meeting. Any idea about these? I just want the quickest way that gives him work rights. If he doesn't have work rights then it makes more sense for us to be apart so he can make money here. I will be making a fraction of what I am now b/c i'm going back to school.

I'm hoping we won't be separated for more than a few months..Who knows. I just hate the not knowing part of this whole thing. Not knowing if you'll have problems. Not knowing when you'll get to see each other again.

The reason he was refused for the B-2 visa the first time around was because he was married to me and so he was considered a risk to stay in the US.

We didn't really know what we needed for proof for the B-2 visa so the second time we submitted a letter from his boss showing that he knew of the leave of absence for at least 6 months and then I submitted documents showing I have a bank account there...etc. Cause we really did plan on moving back there. BUT....when he got here things changed and we ended up having to make the decision to stay in the states basically at the last minute. We filed his I-130 and his I-485 about 2 weeks before his visa expired.

But he came in legally and they knew he was married because we had it on the paperwork so I don't think we will run into problems there. And the funny thing is we got him a one way ticket with the intention of getting a flight together back to Melbourne. It was up in the air exactly when we would be able to head back. He got detained in Fiji but Fiji didn't want to keep him so they just put him back on the plane. They told him that procedurally they couldn't let anyone in the US with a one way ticket unless they had a visa allowing them to stay as a resident. But then he asked, "Well what now? Where am I to stay? How are you getting me back to Melbourne?" Apparently no one wanted to deal with it so they just let him on the plane and off to Los Angeles he went.

Here is a bit of detail around what to expect when you're filing your I-130 in Melbourne. Hopefully someone will find this helpful. The majority of people I've found filing in Australia have done so through Sydney, which is a bit different. **WARNING : LONG**

Ok, I just had the appointment to file the I-130 and supporting documents at the Melbourne consulate. It went pretty well. I got there a good half an hour early. At first they said "are you sure you have an appointment today? I don't see you on the list." I pretty much panicked. I said I was positive and he looked a little more and then found me on another sheet. Apparently they keep the people filing I-130s on a separate page.

So I signed in at the computer, which then printed out an ID label that I had to wear on my shirt. (It even has a barcode so they can scan you when you reach different checkpoints!) I had to take off my shoes, empty my pockets, etc. They took my bag, put it in a cubby and gave me a number to claim my stuff. I went through a metal detector. They gave me back my shoes and the paperwork I brought with me. I took my wallet up, too.

After you get through the security they walk you through another door and put you on an elevator to go up to the actual consulate. Once you're there you walk up to another security guard. He checks for you on the appointment sheet (again, he couldn't find me) and prints you out a number..kind of like the one you get at a deli when you're waiting to be served. He scans your ID barcode thing, takes your paperwork and other items and you walk through another metal detector. He tells you where to go and you're on your way!

I only had to wait about 5-10 minutes to be called up to give them my paperwork. They pretty much just check that you have all the originals and then compare the copies you bring to the originals. One thing I didn't have that they wanted was a copy of the Australian visa page of my passport. On the document list that I got from them it said just a copy of the biographic details page was needed. It didn't really matter though. The man who was helping me took a photocopy for me. The man who took my paperwork was really friendly. After they take everything they give you a form to fill in your e-mail address, name and DOB b/c the Sydney consulate will contact you via e-mail once you are ready to start the next steps.

You don't actually sit with anyone like in a meeting, which is what I thought it would be like. It's a big waiting room and they have different booths. They have a partition and a little slot where you can slide documents through..like a bank teller.

They asked me if I had my money. I said I did. They told me to go ahead and have a seat and they will call me to the cashier booth to pay. I waited another 3-5 minutes and they called my number. I paid in cash, but I think they took credit card and some other forms of payment. I didn't need exact change. It cost $AU408.25. They gave me two receipts, which I took back to the first man who did my initial paperwork. He took one and stapled it to my documents and gave me a copy to keep. He then asked that I take a seat and to wait to be called for my interview.

I waited maybe 10 minutes and was then called to another booth for an interview. It was the same setup as the other booths (it had the partition), but had a door that you could shut for privacy. I walked in and the woman (and a man she was training) asked me if I was filing a petition. I said yes. She said, "where's your husband?" I said, "I was told he didn't need to be here." "He does actually need to be here," she said. "When I e-mailed for my appointment I was told he didn't need to come," I said. "No, he does have to be here for the interview," she replied. "Great. Well, he's downstairs in the lobby waiting for me. Do I need to go get him?" I asked. "Yes, just go get him and come back when you're ready."

Great.

So I walk out to the security guy and tell him the situation and that I need to leave and come back up. He told me he could just call down and ask the downstairs security guard to get him. I thanked him and went back to sit down. About 5-10 minutes later my husband came up. He had to go through the security procedures, too, obviously. It was cute b/c he was so worried how I was doing. He knew I was a bit nervous already and he didn't want me to freak out. I was ok..just a bit annoyed that they told me he didn't need to come and then he actually had to be there! It's a good thing he drove down with me!!

Anyways, we waited for a few minutes at the booth where the interview was to be held. The woman and the trainee came back in. They asked my husband if he inteded to immigrate to the US. He said yes. They asked why. He said "because my wife is moving there." I kind of chuckled and said "uh I'm going back to school." The lady had a giggle and said "ah ok." They also asked how we met, when we met, where we met, when did we get married, where, what kind of visa did he come to the US on when we got married (the visa waiver program). The woman also said "so you didn't cohabitate before you got married?" "No.." *My husband laughs* She says, "that's refreshing..a bit old fashioned. I like it." Husband says quietly to me "umm pretty much when we were in college haha." The woman didn't hear, but the man (who was probably in his mid-late 20s) smiled at us. Very easy questions.

After they finished asking us the questions she told me that we were approved (yay!) and that they'd send it to Sydney for processing and we'd hear back about the next steps. All in all the interview only took around 8-10 minutes. We went back out of the lobby, got scanned, went down the elevator, back through security downstairs where we picked up our stuff, were scanned again and left.

Overall it went very smoothly. I was actually kind of surprised since I had issues getting an appointment initially. I just wish they could give some guidance around how long it will take to hear from Sydney. From what I've read they send all paperwork to Sydney who send it to the US who then notifies Sydney. THEN they send the next round of paperwork. ?? I know there is a way to check if your applications have been touched. How do I do that?? Thanks!

I will try to keep this thread updated as the whole process progresses.

Ta ta for now!

Hi all,

i'm new here and trying to make sense of everything. I read on another thread that Australia is one of only a few countries where there weren't any residency requirements for the the USC!

I take it that's changed again? I'm in such a pickle as i try to call the consulate in Sydney and they say there's no one I can speak to over the telephone!

I'm Australian, living here and my Fiancee is American, living in LA. We got told by an immigration lawyer in December that i didn't need a visa as we're covered under the visa waiver program, but they warned me to not mention getting married when i entered the states. the way it was explained was believeable! However, the more we've looked into it and the closer our wedding date gets (sep 19th!!) the more we started doubting what we'd been told. Turns out it's a load of **** and I either need a fiancee visa (which takes 8 months currently) or we get married then file a petition (another 8-12 months) before I'm allowed in!

Finally I think I've seen the light and found out about the DCF, only to find out that we NOW have residency restrictions?? Is this correct?

Can anyone help or give advice on waht the hell we should do now?

I just wrote a response and the internet ate it. Grr!

Hi! sorry to hear you're having trouble. My (now) husband, who is Australian, came to the US under the VWP to get married. It's just important that you show you have plans to return to Oz..and don't mention the wedding. He had his return ticket and proof that his work was expecting him back. No issues at all. (That was with me moving to Australia after the wedding though)

BUT..do you plan on living in the US? That might cause issues. I'm not sure which visa you should apply for, but you will need one. K1 or other.. You might want to head over to the Aussie board here and ask them their opinions. I'm applying for a K3 spouse visa, so I'm not sure how things work for non-married people. A lot of the girls (and guys?) over on that board are applying for K1s and other visas. They may be able to give you better advice, timelines, etc.

I hope things go a bit better for you. Good luck!

I'm moving there. Thanks so much! jsut seems like every time we have it sorted out, the rug gets pulled out from under us!

thanks again, i'll try the Aussie board.

hey loz9 have you heard back from the Sydney embassy yet?

My husband (USC) is also planning on going back to school so we are looking at starting our DCF through Sydney soon

Hi Kaffy! I e-mailed them about a week ago just to follow up and make sure they got our paperwork from Melbourne and they responded on Friday. They said they'd received everything and were just waiting to hear back on the Adam Walsh Name Check. Once they get an answer on that we will be sent an e-mail on how to proceed. They said that should be within the next 2 weeks. In the meantime we are just trying to get some of the supporting documents ready for the next round of forms so we can expedite the process as much as possible. They sent us a link (it's actually on the Canberra consulate's site) with a list of all the necessary documents. I swear I looked all over Sydney's site and couldn't find the equivalent, but who knows. Sometimes I can overlook things (even though I tend to be pretty thorough when it comes to immigration).

When are you guys planning on moving back? Do you think you'll have to be separated? We're not sure if we're going to have to be or not, but it's looking like if we do have to be separated that it won't be TOO long (even though any time is too long IMO). I think it also depends on how quickly we can get all the forms done.

Sorry it took me a few days to respond..I haven't been on too much lately b/c I didn't have an update to give! Best of luck and let me know how you go!

Hey thanks for responding. We were initially planning on moving back next year for him to start school next Fall but he found out he may be eligible for admission this fall which means we might be moving back as soon as (this) August. We have the I-130 appointment with the Consulate next week (which we only arranged today! which means I have a week to get everything together.. crazy huh?!). I too am trying to get as much of the supporting documents together now so that once the I-130 is approved I can be prepared and move quickly through the 2nd stage.

Chances are we will have to be separated for a month or two (which totally sucks.. but it's our fault for doing everything so last minute) since my Japanese police check won't come back for another 2 months. I just hope that I can make it there by September!

How about you guys? When do you start school and how long do you think you will have to be separated?

Ah well that's good that you got an appointment so quickly! The Sydney consulate only takes I-130s once a month right? I was told that my husband didn't need to come with me to file, but he ended up needing to be there (luckily he came with me and was just waiting in the lobby). If you hadn't planned on having both of you there I would do so to be on the safe side.

I start school in August. I applied for a program that I don't have a background in so there was no guarentee I would be accepted b/c they only let in a certain number of people without the background. So we waited until I heard that I was accepted to start the process b/c if I hadn't been accepted then we would have stayed in Australia and could have potentially wasted quite a bit of money on my husband's visa.

Right now I'm thinking we'll end up being apart for maybe a month. Possibly less. It's so up in the air b/c processing times vary. There aren't too many people that I've found on VJ who have done DCF in Australia (mostly K1s), so there's not much to go against. I hate not knowing! I reckon that's the worst part.

Do you know if you have to wait for the second round of forms to start the Australian police check (for the non USC) and medical?? From what I've read I think we have to wait for the medical, but not sure about the police check. Since those can take a while I just want to get them now so I have it ASAP.

Sorry if this post is a bit scatterbrained..I'm trying to do a few things at once.

Funny you ask about the Australian Police Check. I actually went to the local police station last night and they gave me the forms to fill out but then I got to the question of them asking whether it needed to be sent directly to the Embassy and I got stuck. I looked through the information I had and the Document checklist had a Consulate note that said: "Do not to obtain the Australian police certificate unless the instructions are included in this packet". So I told the police station I would have to come back another time. I will ask the Consulate when I am there next week.

We do have some good news, my husband won't need to fly over until August so that means less time for us to be apart! And if I am very lucky with my visa I might even be able to fly the same time as him (I doubt it but there's always hope)

What will you do about the Affidavit of Support? My husband is going back to school full time and so it will be me who is working to support the two of us. We will ask his parents to act as joint sponsors but I'm not sure if his non-employment will affect my visa or not..

by the way- do you have your Aussie PR yet? Mu husband's still considered a Temporary Resident until next May but from what I heard he can apply for the conversion to PR status from overseas since he obtained his TR from overseas (confusing, isnt it)

Ahh good to know about the police check. I'll have to wait until the next packet comes.

I think it's the same deal for the medical check. You have to have the forms they send you with the second round packet. I know there are a few doctors who do the medical checks in Melbourne, so I'm sure that wouldn't take too long to get in for an appointment.

We are having my parents be joint sponsors b/c I won't be able to work full time and it's going to be him supporting us. I don't think his non-employment will affect you. As long as you have someone based in the US who is eligible to be a sponsor then you should be set. I know when I came to Australia and went through the immigration process, my in-laws were my joint sponsors b/c my husband didn't make much at the time and that turned out ok!

I don't have my PR yet. My application is being processed though. I submitted everything back in Jan or Feb and haven't heard anything. There was a problem with my police check (I messed up and sent the form to DIAC instead of the police) so that's probably why there's a bit of a delay. I should hopefully hear back within the next month. Mid-July marks two years that I've been here as a temporary resident. Hm..I don't know how his residency would work. I have been told that if you're not living in Oz for a good portion of 10 years after PR is granted that it is revoked? I hope not b/c it'd be a lot easier to travel in and out for extended periods of time as a PR. So confusing isn't it?

I hope we get sent our next round of forms soon. I don't want to be separated! Hopefully your appointment goes smoothly!

Good to know that about the joint sponsors! Good luck with your Aussie PR and his US Spousal visa! Please keep me updated with how it goes!

I am putting together the things I need to take to Sydney next week for the I-130 interview. In regards to #12 Evidence of a valid relationship, do you think the following is adequate:

Documentation showing joint ownership or property- Car purchase agreement, Diamond certificate for my engagement & wedding rings
A lease showing joint tenancy of a common residence- Lease from my father (we have been living with them rent-free)
Documentation showing co-mingling of financial resources- ANZ bank statement, Medibank Private health insurance policy, HSBC bank statement
Affidavits sworn by third parties- mother in law, father in law, sister in law, my mother, plus 3 friends. Total of 7
Any other relavent documentation- Photos, lots of photos. Wedding/birthday/christmas cards. Lots of boarding pass stubs to show evidence of joint travel. Cards which we have exchanged with one another (we never wrote letters or emails because we saw each other everyday right from the start). Pre-marriage counselling exercise books. Copy of our wedding vows.

Is there anything else you think I should include?

Thanks!! I just want to get it done and over with! I'm so tired of dealing with immigration!!!!!

I think the list you have is great. The only thing I might add would be bills - electric, phone, gas, etc. For example, I showed a couple different Telstra bills from two different times to show comingling of finances, joint responsibilities and that we share the same residence. Same with electric and a couple other bills...I figure more documentation is better than too little!

If you have any phone records of calls made back and forth when he was in the US then that might be good too. Or receipts from calling cards. It's hard b/c at the time you're calling back and forth you don't really think to keep it as evidence! As far as pictures go I'd make sure to show pictures from a wider period of time. Wedding pics are great to include, obviously, but I was told they like to see pics with different hairstyles, in different places with friends and family. It just further proves that it's a longterm relationship and you didn't just go out and snap a few pics one weekend for the application.

Does your husband file his taxes (declare income, whatever you want to call it) with the US? I JUST realized that I was supposed to do that. I didn't last year. I don't know where to get them done through. I go to H&R Block here for my Aussie taxes, so I'm hoping they might be able to prepare last year's taxes and this year's. I think I will need them for the next steps when they ask all the financial information so I'm a bit worried. Usually they don't take that long to get done, so it should be too big of a problem.

I can't wait to hear back! I'm hoping next week we will get the e-mail with information on our next steps. You'll have to let me know how your filing goes!

Hi again

Unfortunately I have no joint utilities bills since we've been living with my parents and they've taken care of everything. No phone records either because we've never been apart (how boring ). I have heaps of pics right from the very start of our relationship till now so I will be sure to include them.

We're each going to write a short statement about how we met, our relationship, our future, etc.. kind of like what we had to do for the Aussie spousal visa. Did you include this in your application?

Yep, my husband has filed all his taxes (up to 2006) with the IRS, but he lost those records so he rang them earlier this week and requested copies to be sent to him. He filed his 2007 one the same day. He tried to do it online but it got too complicated so he just did it on the 1040 form and mailed it off.

visa aside, what are you going back to school for?

also wondering, do they keep the documents you submit as evidence of a valid relationship for the I-130? Or are they returned immediately after the interview?

What I did was took all the original documents and certified copies of all originals with me on the day. They checked the certified copies against the originals just to make sure they were real and then gave me all the originals back. I would think it's safe to say that you'll be getting any originals back, but you never know with embassies. Sometimes one will do things one way and another will do it completely different!

What about for photos, cards, etc? I have a huge bag of wedding cards that I will be bringing with me.. Plus a couple of photo albums. They're welcome to keep them if they like for a short while but I would like it back at some stage down the line

I cannot wait for this Thursday to be over ><

Hi loz and kaffy,

My husband and I also filed for DCF. I'm from the Philippines, but we got married here in Australia. We filed the I-130 in Perth two weeks ago, and still haven't heard back from Sydney. We're really starting to get anxious, and would really love to start ticking off Packet 3 documents. We're both currently in Australia on his 457 visa, but he's recently accepted a job offer in Missouri, and it will start in September this year. If my visa isn't ready by then, he'll have to go to the US, I have no means of staying in Australia because I'm a dependent on his 457, so I'll have to go home to the Philippines, then fly back to Sydney when they schedule my interview. Would really love to avoid that mess, and the expense.

I'm a bit worried about the duration of the police check because the earliest appointment I can get for fingerprinting in Perth is August 11, and it takes 3 weeks (15 days) to process the National Police Check. That's too long coz we're aiming for September, too. But then they told us we can get the fingerprints done at our local police department (they don't normally do it, but if we explain our situation, they would most likely do it for us). Kaffy, which document list has the "Do not to obtain the Australian police certificate..." note? It would be really nice if we don't have to obtain one.

I wonder whether I should start the police check process, just to get it on the way, just in case.

Anyway, just thought I'd let you guys know that we're going through the same process as you guys. And would really be great to know how things go as the process goes along.
Good luck on your appointment on Thursday, Kaffy.

Loz9, you filed for your I-130 a couple of weeks before we did, have you heard back from Sydney re: next steps?

Cheers and good luck to all of us!

faith

Hi Faith, welcome to the thread! I'm pretty sure we all have to obtain an Australian police check. The DS230 checklist which I have says "Do not obtain unless the instructions are included in this packet." I'm guessing the "packet" they are referring to is Packet 3. I would like to apply for my Australian police check asap too so I will ask them on Thursday what these instructions are.

Do you have to obtain any other police checks? I sent away for my Japanese one 2 weeks ago. It's supposed to take 2-3 months to receive.. which is mid-August if I am lucky. I heard that most people usually have to wait a month for an interview after they submit their DS-2001 Notification of Applicant Readiness. I hope the consulate will allow me to submit first, then wait for my Japanese police check to show up in the meantime.. my husband flies back on 22 Aug and I really don't want to be apart from him for too long

Hi Faith!

Welcome!! I haven't heard back from Sydney yet. I e-mailed them a couple weeks ago and they told me to expect info by the end of this week..they had to wait on the Adam Walsh check to go through. I think, from what I've read, they send that away to the US and then approval or denial is sent to the Sydney embassy THEN you they send you info with the next steps. It's all so long and drawn out!

I'm with Kaffy on waiting for the next packet to obtain your police check. I think you probably have to use a special form from the packet that you wouldn't be able to get from the police department.

Do either of you guys have an idea on what avg. processing times for DCFs are?? I've looked around, but haven't really found anything on timings. I really don't want to be separated! Hopefully you don't have to go all the way back to the Philippines while you wait!

Anyways, come back and let us know how you're going from time to time..especially once you hear back on your status. It's great to have other people to share this with and hopefully this will help others out who are going through the same thing!

Thanks loz and kaffy.

I previously emailed the Sydney consulate whether we can apply for K3 in Australia. And here is the response they gave me two weeks after:

A K-3 visa must be filed in the U.S. and then an interview is conducted here in Sydney to obtain the visa, this process usually takes 6-8 months for processing.

If you and your husband are residing in Australia you may want to consider applying for a spouse visa from Australia, this process usually takes 2-4 months to process.


Then they attached a document that's exactly the same one as the one you posted on the forum.

Kaffy, I'm not sure whether I need to get any other police checks. I do have a recent national police check from the Philippines (got it early this year 'coz we had been planning on applying for Aus PR), and it's valid for one year. Hopefully that will suffice. Hopefully we dont have to get the Australian Police Check, but if it's required and it takes 15 days to process, and then the interview takes 1 month after submission of DS-2001, then it seems like it's a sure thing that we'll definitely be separated. Hope none of us have to go through it. Can't wait to hear about what info you get on Thursday.

Also, do any of you know how long it takes to do the background/name check on the Adam Walsh Act?

loz9- am I actually allowed to go into the interview with my husband? otherwise I will have to pass a list of questions onto him

I've also been trying to find out what the average wait time for the visa is.. husband's Aussie spousal time was approved in just 2 months so I am hopeful that the US Consulate will be kind to me and process mine as quickly as possible

faith- I can't believe how long it takes a K3 visa to be approved! I thought that was meant to be the quicker route? hmm.. good thing I'm trying to get a CR1 instead I suppose..

I hope that you both hear back from the Consulate shortly!

Hi again, Sorry if this post is too long. But I think every bit of information we can get helps, given that there's limited information we can get from the 'official' websites.

When we submitted our I-130 in Perth, the consular officer asked us when we need to leave, and when we said we're aiming for September and then explained our situation (i.e. I have no means of staying in Oz when he leaves), she said we should attach a letter stating our situation. So we did, and hopefully they will take our situation into consideration.

We also contacted a congressman in the US, informing them of our situation and they expressed their willingness to assist when the time comes. I'm not sure if any of the expedite criteria applies to us (financial hardship?) or if the office of the congressman can help when you're filing through a consulate. But still we think it's worth trying.

We made a follow up enquiry yesterday and the Sydney consulate was pretty quick in their response. I copy-pasted the response (sent as an email attachment) below. So it's been two weeks and we're still waiting for them to complete my husband's background/name check. That's why I'm wondering how long it takes to complete the name check based on the Adam Walsh Act. I sure envy those who were able to do a walk-in application-approval prior to this act.

CONSULATE GENERAL OF THE UNITED STATES
LEVEL 59 MLC CENTRE 19-29 MARTIN PLACE SYDNEY NSW 2000
61-2-9373-9200 sydney.usconsulate.gov/sydney

NEXT STEPS FOR PROCESSING YOUR I-130 PETITION

Name of Visa Applicant: Faith xxxxxxxxx Date: June 23, 2008
Case number: SYD2008xxxxxx

Please refer to the paragraph(s) checked below in regard to the immigrant visa petition (Form I-130) you filed with this office. Please disregard unchecked paragraph(s).
Please note: If this letter requests you to submit additional information before the petition can be approved, please return this form with the required information as soon as possible so that we may process your application quickly.

* Note: Your I-130 petition will not be approved until a background check is performed on you and you have cleared that process under the Adam Walsh Act.

( ) Before your petition may be adjudicated further, please submit the items checked below as soon as possible.

* Marriage certificate- original certified copy issued by the appropriate Registrar’s office or the Courts & one photocopy
* Proof of termination of all prior marriages – original certified copy issued by the Courts & one photocopy
* Birth certificate – original certified copy issued by the appropriate Registrar’s office & one photocopy
* Evidence of name change – original and one photocopy
* Valid U.S. passport and one photocopy of the biographic page
* One photocopy each of your valid Australian visa and arrival stamp into Australia to evidence your having resided in Australia for at least the preceding six months; or
* Valid Australian passport if you hold dual U.S. and Australian citizenships & one photocopy of the biographic page.
* One passport size photograph of yourself
* One passport size photograph of your spouse
* Other: ____________________________________________________________________

(XX) Once your petition is approved, forms and instructions known as Packet 3 will be mailed or e-mailed to your spouse/child/parent to begin the process of applying for his/her immigrant visa.

(XX) Upon receipt of Packet 3, your spouse/child/parent should immediately complete and submit their Biographic Data, Forms DS-230 Parts I&II.

Your spouse/child/parent will need to have an interview with a consular officer before a visa is approved and issued.

(XX) To receive an appointment date, your spouse/child/parent’s Notification of Applicant Readiness, Form DS-2001 should be completed and submitted together with all of his/her applicable documents.

An interview will not be scheduled for your spouse/child/parent until we receive the completed Biographic Data, Forms DS-230 Parts I&II, form DS-2001 and the applicable documents. Within 5 working days of receiving all 3 forms and documents, we will schedule the interview for the first available date, and will mail notice of the interview to the address provided for your spouse/child/parent.

( ) The attached documents are being returned to you, but will be required again at the final visa interview, so please ensure that your spouse/child/parent brings the documents with them.

(XX) Please email sydneyiv@state.gov should you require any information regarding this application.

( ) Please enclose a prepaid self-addressed “Express Post” envelope (available from Australia Post) for us to return your original documents.

( ) Comments or additional notes if applicable:

________________________
NextStepsAfterPetitionIsFiled.doc
(01/17/08)
March 26, 2007

Did you husband submit his birth certificate to them? We havent prepared my husband's one because it wasnt specified on the form and he's not sure where it is (at his parents house I think)

Yes. They photocopied it and gave us back the original. Maybe his passport would suffice to prove he's a USC.

Hey Faith! Thanks for posting the info you were sent. The response I got from the Sydney consulate (when I was asking about the status of our I-130) was much less official sounding! Hopefully you'll hear back soon! That's currently the step we're waiting on..The Adam Walsh Act. It's been since May 21st when we filed, so a little over a month so far. I really hope they e-mail us in the next few days like they said they would! I can't believe they told you a K3 would take that long!! I thought it was supposed to be a quick option?! Oh well...2-4months isn't TOO bad I guess.

We had to supply both of our birth certificates and passports when we filed (originals and copies). They gave us back the originals once they checked the copies against them.

Kaffy, I hope it doesn't take long for you guys. Maybe if you could get those little microphones and earpieces-you can listen to eachother when they ask questions! Nah, we were both in the room at the same time and we just sort of took turns answering questions or added on to eachothers answers. You go in Thursday right?? My Aussie visa (subclass 309 - temporary spouse visa) took 2-3 months I think. Hopefully the US will be as quick, if not quicker!

Maybe if we go to the consulate and do the 'give me my visa' dance they'll approve us next week?

Hi again guys, just a tax-question. My husband is backfiling taxes for the last couple of years. Is it mandatory that we file jointly? Is it required for the non-resident spouse to file taxes with the IRS?

kaffy, how was your appointment on Thursday?

I'm pretty sure it's only required for the USC. Who are you filing with? is he preparing the taxes himself?? I have to do the same thing..

I want to know how kaffy's appointment went too! any news?

I forgot to mention..the Syndey consulate told us we would hear back within 2 weeks from the time of my e-mail enquiry (June 12th is when I e-mailed) about our Adam Walsh and next steps/forms. That would have put us at today, which was about 5 weeks after we initially filed our I-130, and we didn't get an e-mail or anything.

I'm so tempted to e-mail them again. I just don't want to annoy them..then they may not answer my questions at all!

Hi guys! just got back from Sydney. we've had such a busy Thursday & Friday so I'll see what I can remember from the interview.

We checked in at the Consulate at about 9.50am for our 10am appointment. It was quite busy so we didn't get called till about 10.45 but that was fine. The lady in window #1 was very friendly and we submitted the I-130 documents to her. She didn't take any of our supporting documents though because she said they were for my 2nd interview later on. She noticed that my husband was here on an Aussie spousal visa and asked if he was applying for his PR here (we said yes). Also, with my application I included a letter stating why my official name was still my maiden name (I had lived overseas until last August, QLD has silly name-change residency requirements, I intend on changing my name after arriving in the US). She was extremely understanding and actually offered to have them issue my green card in my married name! (and would include a note as reference to my official (maiden) name). I thought that was pretty darn nice of her since Aussie officials are so uptight about names/name changes. So she asked us to head over to the other window to pay while she entered the details into her computer. The cashier lady was not so friendly but I didn’t care. About 10 mins later we got called back to Window 1, submitted our payment receipt to the lady and she said she’d pass our application over to the next officer. We sat down, waited another 10 mins then got called to window 8(?). Another friendly guy, he asked my husband what he had been working here as here, they talked about jobs then husband explained he was planning on going back to school hence why we were applying for my visa. He also asked us how long we’ve been married for. My husband who has difficult keeping track of time stumbled on this question a little and had to ask me what month it currently was I asked him if he wanted to see my supporting documents and he again declined, said they were for my 2nd interview but saw how much stuff I had prepared and said we shouldn't have a problem. He asked us what our intended departure date was and we said September, he said we shouldn't have a problem with that either (the first lady explained that spousal visas are usually approved within 2-4 months through Sydney). Finally the guy says that the next step is to wait for the Adam Walsh check (2 weeks estimated processing time), then they will mail Packet 3 to me.

Went fairly smoothly I think! I was a little concerned that they didn’t ask to see any of my supporting documents though (they were pretty darn heavy to carry around too.. so I ended up mailing them back home to Brisbane right after the interview rather than carry them around town).. but husband said maybe it’s because he’s here on a spousal visa already?

Does this sound similar to you guys?

...........you might want to TRY the AUSTRALIA DCF thread that was done a few years back??..

the info is still basically the same.

apart from the whole Walsh act that was inacted, the Australia DCF is still basically the same. sounds like you did a thursday walk-in.

Glad to hear from you kaffy. We had basically the same experience, and was also concerned that they didn't look at our supporting documents. Was worried that we'll get a RFE, but I guess it's good to know that it will be used on the 2nd interview.

Loz, hope you'll hear from them soon. It can be pretty frustrating not having direct access to telephone support.

Hope we'll hear from them soon too! We're now going on the 3rd week since we filed our I-130.

Well, nothing else to do but patiently wait, and hope that good luck is on our side. Have a great week!

What does RFE stand for?

Request for (further) Evidence,...

adding: I rang the panel doctor in Brisbane today to enquire about the medical exam and fees. Would you believe the exam is going to cost more than the actual visa I also enquired about the required vaccinations and the receptionist said I should obtain my vaccination record from my GP and discuss further with the doctor on the day of my exam. I wanted to learn more about the vaccine schedule and found this online: http://www.cdc.gov/ncidod/dq/pdf/ti_vacc.pdf Luckily I have a good GP and I'm pretty sure I have all the required vaccinations.

But if any of you guys are 26 and under and havent had your cervical cancer vaccinations yet - get it now. It's required for female immigrants between the age of 11-26 years of age. There are 3 doses and the wait time between dose 1-2 and 2-3 is 2 months and 4 months respectively



thanks!

Thanks for the info. How much did they say is the cost for the medical exam? I think I'm only lacking one vaccine. Shouldn't be a problem having it administered soon (I hope).

Just curious. Does it mean that I'll have to get all the required doses before you get approved? So if the required vaccine takes 1 year to complete, I will have to wait a year before my medical exam is completed?