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Filed: Country: Canada
Timeline

I'm trying to figure out two things: a) whether my time in Australia counts as having lived there; and b) how many criminal records checks I will have to get done and when I should start getting them done by so as to ensure little time delay in gaining the K-1 visa.

RE: my time in Australia.... the DS-230 - it asks on it to list all the places I "have lived" since I was 16 years old. I spent 10 months in Australia back in the year 2000 under a volunteer ministry visa. I did not have any residence or home there for those 10 months, and was essentially backpacking all across Australia with a team of individuals volunteering running youth retreats. I maintained my home residence back in Canada during this time.

I have 5 questions:

1. Does my time in Australia count as having "lived" there?

2. If yes, will they require me to get a criminal records check from Australia?

(I hope not because I could really see it as delaying my application. The Canadian Forces (CF) never required me to get a crim rec check from Aus, and they were screening me for top secret status due to the nature of the job I was applying for at the time. So I would find it incredibly ironic if the US government requires an Australian crim records check for a K-1 visa.)

3. Will I have to get a criminal records check for every Canadian province I have lived in?

4. I was a student in the USA for 2 years, but went home to Canada during holidays and summer. Does this mean I have to get some sort of criminal records check? Would it be a FBI background check or from the state I went to school in?

5. At what point in the K-1 visa process should I start working on getting any needed criminal records checks done so as to ensure no time delay?

Your assistance in this matter is much appreciated!

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Filed: AOS (apr) Country: Australia
Timeline

1. I'd say no, it's not counted as having lived there since you mentioned that you were backpacking and didn't have any residence or permanent home address. I wouldn't add your volunteer work on the employment section either unless you got paid but I may be wrong about this one and someone may be able to help you.

2. According to the checklist I received back when I did my K1, it says that you're only required to obtain other countries police certificates, if you have resided to another country since turning 16 for 6 months or more, if you have resided in that country for a minimum of 6 months, or held/currently hold citizenship of that country. This is a standard requirements for all k1 applicants. For court/prison records, it says must provide records of any crimes convicted but this applies to Australian residents only just to give you an idea. In your case, you would have to provide that also (if there's any) besides your Canadian police certificate.

3. You will need to obtain the Canadian police certificate (that covers the entire nation) and tell them it's for immigration purposes. To be sure, double check with your country's website.

4. Not sure about this one. I assume you went there under student visa? If you do need a criminal records check (which I would think so) and since it's another country that would be an FBI check because it's for immigration purposes.

5. You will need to get your police certificate when they notify you with your interview date and a document checklist. Each case is different in terms of when you'd get these. I submitted my K1 package in May, received NOA1 in May, received NOA2 in June and interview in July 2014. My case is straightforward so there was no delays or anything. Every police certificate has an expiry date, some valid for 1 yr like mine, others 6 months and so on. You need to check the Canadian police website or try call them and enquire. At this stage, it's quite too early for you to be organizing these records, at least wait until you get your NOA2.

I found this forum which might help you: http://www.visajourney.com/forums/topic/374885-ds230-form-question-30/

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