KLS2010

G'day KLS.

I am confused regarding police clearance. So the embassy website says go to WA police and get police clearance from them. I also sent an email to Sydney to check that and they told me to get one from Australian Federal Police, not WA police. They also said to refer to the embassy website, which tells me to contact the WA police.

Which authority did you get your clearance from?

This thread is over 2yrs old now. Honestly, I don't know what the requirements are now, they may or may not have changed. May be a better idea to post your question in the Aussie forum, as someone with more up-to-date info can probably help you better than me. Good luck!

*UPDATE*

I sent back a one inch package in response to my RFE that contained nearly every statement for one bank account over a 20mth period, nearly every statement from a second account for 12mths, Tax Return Transcripts for last 3yrs including W2 statements, a couple of facebook messages between me and some of his family.

Package was delived March 17. Today I received this in my email :

Application Type: CRI89 , PETITION TO REMOVE CONDITIONS OF PERMANENT RESIDENT STATUS RECEIVED

Your Case Status: Card/ Document Production

On March 24, 2014, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you.

You are an Australian citizen... you don't need anything to return to Australia.

You will need to get Australian citizenship for your two kids, and Australian passports.

And yes.. your husband is going to need a visa, just like you did when you moved here. Go to http://www.immi.gov.au/Pages/Welcome.aspx to start looking at your options.

Good luck

My ex could have had many people write affidavits that we were great together. Because we were. Only problem was she was ACTING. So, of course all the photos looked wonderful. My favorite photos remain the pictures of her in bed pregnant with her lover and the one of her naked in my bed on the 4th day of marriage and 8 months pregnant that she sent to him.

My marriage was not in good faith on her part, and other than a beautiful baby daughter and a health insurance card there was nothing else bona fide about it. But she is still here enjoying the benefits of living in the USA.

I guess this is why those RFE's need to be as extensive as possible. It is simply too easy to fake it. On the VAWA side of things not allowing any evidence from the "alleged" abuser makes it even simpler.

I'm sorry for your situation, but I'm not sure what your point is in posting it in my thread.

If you are trying to imply that my marriage was not in good faith on my behalf, that I was 'faking it', then I respectfully request that you no longer comment in this thread.

All of us here in this forum are aware that many, many people who engage in relationships in order to gain immigration benefits. But I assure you, I am not one of them. I gave up a good job, my family and friends and life in Australia to move here to be with the person I loved. But despite my moving here initially for him, I now have established a new life and friends here.

I merely asked for some suggestions of evidence that I may not have thought of, so that I can hopefully prove to USCIS that I was genuine in my intentions and in my marriage. I've already been through the hurt and distress of the break-up of my marriage... I'm trying to avoid further upheaval in losing my GC and having start a new life AGAIN.

Send copies of everything you already sent in plus the copies of your tax transcripts, monthly bank statements, as well as affidavits from friends, etc.

The fact that your husband threatened to call immigration says (besides other things) that he has no clue about the ROC process and that it is not a test of whether or not you still love each other or if the marriage ultimately failed. I honestly would not ask him to write anything. You filed to remove the conditions on your own and you need nothing else from him.

The bank will be able to provide you with additional copies of your statements, even if you have to pay a fee for them. Good luck!

Well this is certainly true. I was the one that did all the research and paperwork to file in the first place. What's even more funny is that he was apparently told by a friend of his that was an immigration attorney that I would need his help to file ROC. I told him that it's a good thing his friend is no longer practising since he obviously doesn't know immigration law!

Thanks for your suggestions. I appreciate you taking the time to respond.

This has me scratching my head and can totally see why they'd ask for proper copies.

WHY wouldn't you provide the tax transcripts and just did main page only? Go on irs.gov set up an account and get your transcripts that way.

Bank statements - you do not just provide the first page - you provide all pages of a bank statement - print and include those - one for every three months since you got your GC or came in on a visa should suffice

In hindsight, yes, I should have gotten copies of everything, but at the time I just wanted to get out of the house as soon as possible and so I just copied the main info that I thought would suffice. I have called one bank and they are sending me all the statements from that account. I will call the other bank tomorrow to get those statements. And get transcripts from the IRS.

Thank you for the suggestion about HR at work .. I will contact them and see if they still have anything I can use.

I appreciate your help.

I received an RFE today in relation to my ROC with divorce waiver application.

The RFE is asking for evidence of marriage termination - that is no problem - I have that now, but didn't at the time of filing as the divorce was not yet finalised. They are also asking for a copy of the divorce petition that was filed showing the reason for the divorce. I have the divorce petition as it is actually part of the divorce orders.. but Texas (where we were married and divorced) allows for 'no-fault' divorce, so the petition itself actually makes no mentions of the grounds for divorce.

The big issue I have is that they are also requesting evidence of a good faith marriage citing my minimal evidence of co-mingling of finances and joint responsibilities as being insufficient. My problem is that from the list of examples they have included, I have either already included it in my original filing, or we didn't have those things. We didn't have children together, no joint credit cards, he already owned his home before our marriage so I was never added to those documents, same with utilities, didn't have health or life insurance, no loans, etc.

My original filing included:

Statement of the history of our relationship (including the basic details of what lead to the decision to divorce)
The main page of our 2010, 2011 and 2012 Federal Tax Returns showing our filing status as married filing jointly and an amendment to the 2010 return

Letters from two banks where we held joint accounts at different times during the marriage.

First page of approximately 6 bank statements from those joint accounts

Copies of three or four of my personal bank account statements showing transfers of money from my account in Australia to our joint account in the US

Car insurance documents with two different companies showing both names

Copies of three Verizon cell phone bills showing both names

Documents relating to trips taken by us during residency including a trip to Australia

A receipt showing joint purchase of furniture

Facebook screenshots showing relationship between us

Copies of cards from family and friends, to each other, wedding invitations addressed to us both

Photos of us and family during our relationship.

I also included a statement as to why I was unable to provide certain evidence such as mortgage documents, credit card statements, loans, etc.

They are asking for copies of the bank statements including the transaction pages. I don't have them, but will try to get them from the bank if I can. The only other thing I can think of is getting the IRS transcripts for our tax returns as they are also asking for all schedules, statements and any attachments such as W-2 records.

I am wondering if it is worth trying to ask my ex-husband if he would write a statement saying the marriage was in good faith but just didn't work out, but seeing as he threatened to call immigration when I left him, I doubt his help would be forth-coming.

Other than this, I really can't think of any thing else I could send them. Anyone have some suggestions as to something I may have missed?

Thanks

Posted mine July 1st, confirmed delivery at VSC July 2nd.

Am filing requesting a divorce waiver, divorce still pending, but since I'm within the 90day window I had to file without it.

Oh KLS i'm sorry! I've responded in red above.

It's pretty much going to be a juggling game. Get your packet together (don't date it yet though) and wait. If the divorce is finalised in time then you can file with the decree. If it's not finished in time file without the decree as close to your expiry as safe (no shorter than 2 weeks to be safe).

Biometrics is about a month from filing (if you need to leave to go look after your mum, try a walk-in with proof of her surgery and your need to go be with her, hopefully they'll let you do it), and IF you have an interview it won't be for about 6 months or so and whether or not you return or reschedule will depend on your situation at the time.

Just make sure someone is checking your mail.

So what's the reasoning behind you suggesting I wait until close to my GC expiration to file? Just that it will buy more time for me to have the divorce decree, since I'm still within the allowed timeframe to file?

Yes, very much a juggling game. Difficult to know what to do when, since I don't know when her surgery will be, and I want to make sure that I do all the immigration paperwork right so that I don't get denied. I'm worried that I will have to leave at short notice, and then not respond in time to an RFE or appointment and then not be allowed back in.

Guess for now I will get the paperwork together and ready to go. I guess if I have to leave before the divorce is finalised, then I will just have to send it before I leave and wait for the inevitable RFE. Or could I possibly leave the packet with a friend and then wait and see if the divorce is finalised in time? If so, they could maybe put a copy in the packet and send it, if not, then tell them they need to send it by around the 7th Aug. (I think 61 day minimum for the divorce will put it around Aug 3rd, if it was finalised immediately).

But if I wait to file but then have to leave at short notice - what about my extension letter?

Thank you all for you replies and advice. I appreciate you all taking the time to respond.

I've been on this forum for a few years now, and had seen the stories from members getting divorced. While reading those posts though, I never thought that one day I would be writing my own......

My husband and I were married in July 2010.

We filed for CR-1 and I entered the US and received my GC in Aug 2011.

My GC is due to expire at the end of August, so the 90 day window to file for ROC just opened at the end of May.

We have decided that things are just not working out and we are getting divorced. My husband filed the divorce petition on Monday. We will have to wait a minimum of 61days in order to finalize the divorce.

So my question is - what now?

I know I can file for ROC on my own based on entering the marriage in good faith, but it ending in divorce. But if the divorce isn't going to be finalised until at least August, this would be cutting it close to the expiration date of my GC (if it was even finalised immediately, it may not be). Could I just file anyway, before the divorce is finalised? Does my being within the 90day window for filing ROC make any difference to when I should file?

My second issue is - what happens after I file? What am I going to need to do? I know I will need to do biometrics, but what about an interview? Is that likely? Not that I am worried about proving the marriage was in good faith, I have evidence of joint bank accounts, joint tax returns, mail at same address, pictures, etc. My husband and I are still on somewhat decent terms, so it's possible that he may even be willing to write an affidavit stating the marriage was genuine, but just didn't work out. My problem with what happens after is that I may need to go back to Australia at some time in the near-ish future. My mother has to have back surgery and it's likely that I will need to be there to help her for awhile post-surgery as she doesn't have any other family that live close by. She is currently on a waiting list for the surgery, so I don't even know when it would be, but I know that ROC processing is taking around 9mths give or take from what I'd heard, and I'm sure her surgery will be within that time frame.

So what would happen then if I was in Australia when I needed to do biometrics and/or an interview?

Any thoughts would be appreciated.

This is just my experience, so take it as you will.

I had a similar situation to you - I was only just separated from my then husband when I met my new husband. Same thing in Australia (where I'm from) - 12mth separation before you can file for divorce. Same thing about them allowing co-habitation during the separation period, which I did for a little while in between trips to the US. My current husband (USC) and I were married 3mths after my divorce was finalised.

The short time frame was never bought up at any stage of my process.

I don't have any experience with the embassy in Korea (I'm assuming that's where you will interview), so I can't really say how they will view it there - hopefully someone who has been through there can chime in soon with their opinion. I would imagine that they would have an understanding of their country's laws regarding foreigners not being able to open joint accounts etc, and would take that into consideration.

I guess all you can do is make sure you gather as much evidence you can in the other areas, and maybe when having to send evidence, provide a short explanation as to why you can't include much financial information.

Good luck with it

My background check took awhile to come back too, and that was just for a job at a grocery store. It was around two and a half weeks if I remember rightly. They told me they usually come back within a few days for most people, but obviously mine took longer not being a USC.

How long has it been?

Nope, no more DCF for Australia as of August last year I believe.

Although, it seems that where the USC is living outside the US with their spouse, applications have been 'fast-tracked'.

KLS - this just stuck out to me. It is possible to be "overqualified" for jobs. if you once were a professional in any field, then yes, you will have trouble getting hired to do the work someone without a HS degree can do. The employer thinks you won't stay long and will ask for too much stuff - vacation, special treatment. You don't have to start over from zero.

I don't know if you have found a job yet, but have you considered finding something in your field or even semi-related to it, like working with other animals? Are there any stables near to you?

Thank you for your suggestions. I did consider going into working with other animals, but my real passion is with horses. I just had to accept the fact that I wasn't going to be able to find the same position I had in Australia in the area where I live.

I actually do have a job now. The same place that passed over me for bagging groceries actually called me a few weeks later and offered me a better position. I'm enjoying doing something different, and just being out of the house and around other people has made me feel better about things here. I finally have a sense of normalcy now, and that's why I hope that OP's husband can find something he can be happy about, even if it's not in the same industry he is used to working in.

Sorry can't be of much use - I didn't do K1 - the AOS requirements are a little different for CR-1.

Have you looked at the military forum here on VJ? I'm guessing so (is that where you quoted the threads from?)

Maybe try posting the question in that forum? You will probably be hard pressed to find anything specific to Australia - I haven't seen anyone recently saying they have a fiance/spouse in the military. But they may be able to help in general.

Good luck

I completely understand what your husband is going through. I have been here for a year on Friday - and I am still adjusting. Even now I still compare America to Australia (on much the same things your husband is probably saying - health care, wages, taxes, etc). It really isn't easy to give up everything you have ever known to start all over again somewhere else ( and I do believe its harder when you had a pretty good life beforehand).

I really think that getting a job will help him feel better about everything. But l also know how hard it is to find the motivation to look for jobs when all you are really qualified for is minimum wage jobs, and even those you get knocked back for. I worked with Thoroughbred horses in Australia, some of which were worth hundreds of thousands of dollars (and a few that were into the millions), but yet I got passed over for a job bagging groceries and collecting carts! I can't speak for others, but for me - moving here and now earning a quater of what I was earning in Australia - that isn't something you don't get used to overnight (or even in a few weeks, or months). Having said that though, just being able to get out of the house and do SOMETHING, and to be around other people has been a huge help.

I don't know if he had a bad experience at work - although I wouldn't imagine it would be hard if he was working in a bar - alcohol can bring out the worst in people, no matter what country you are in. I personally haven't had any bad experiences related to being Aussie - everyone I have met have been interested to know where I'm from, and like the accent (although some people have a little trouble understanding me - the main one being my own father-in-law!).

I am lucky that my husband is pretty relaxed and has put up with a lot of my whining about how things are different here, and with me ending up in tears of frustration because I had to really concentrate to tell the difference between a nickel and a dime, and how I didn't know how to pay a bill, or to get license plates for a car, etc. When you are away from everything you understand, even what seem like silly little things can be a source of frustation and anger.

I really can't offer many suggestions beyond what has already been said. You said you think it's unlikely that he would volunteer anywhere. Ok, so what about a hobby? Is there anything he likes to do - I don't know - play a sport, or an instrument, or something, where there might be a local group/team that he could join? Classes at a community college? Anything like that, that again, would get him out of the house and doing something with other people. You have said that friends and family members have offered to take him out, but - and this is just my opinion from my own experience - that doesn't really count. I know that for me it was very important to have my 'own' friends - people that I met, not people that were friends of my husband. And for someone like me who is rather shy and reserved, making friends wasn't easy for me even in Australia, let alone an entirely new country.

Sometimes people just have to figure out a way to deal with things on their own. Like I said, my husband has been terrific, but he still really can't ever know what it's like to completely 'pull up stumps' and move to a new country (unless of course we move to Australia, then the shoe will be on the other foot! Although, I think he would handle it better than I have). I still get in moods where I wan't to just go home to Australia (I still do and always will think of Australia as home), and I have to remind myself to snap out of it. Changing perspective really does make a difference - in the begining I didn't think too much about me saying certain things were 'better in Australia' - but when I really stopped to think how I would react if someone came to Australia and said that things in their own country were better - I wouldn't be too happy about it. So, I now have to look at things, not so much that one is better than the other - it's just different, that's all.

I wish you both the best of luck. If you or your husband would like to PM me, feel free

The forums I have seen, people have gotten them in as little as 3mths.... most seem to be around 4-5mths.

Check out Mates up over - mainly a site for Aussies now living in the US, but there have also been a couple moving back to Australia. One member is going through the process now and is documenting some of it - so you might find that helpful.

Another is Yanks Down Under .

Neither of these sites are as informative as VJ is, but you may find something that helps you.

Apparently it is quicker and cheaper if you apply 'off-shore' (ie outside Australia) rather than 'on-shore' ( apparently if you have a valid visa for entry to Australia, as long as it doesn't have the 'No further stay' condition on it, then you can apply once you arrive in Oz - from what I've seen it's about $1000 more to do it within Australia).

I have yet to find any definitive info on the sponsorship aspect. It doesn't seem to be as clear cut as the US process (ie having to earn over 125% of the poverty line or needing co-sponsor), but people seem to be getting approved even without being in Australia and having a job ahead of time.

Good luck with it (feel free to PM me - we are looking into moving back also - If I find anything else I'll let you know

Sydney can be very hit and miss in this regard - all you can really do is ask and hope for the best.

I requested my date be moved forward (as we had delays at the NVC that were their fault, not ours) but they told me no, that they were fully booked and couldn't bring the interview forward. Funny though, within a couple of days, a fellow Aussie on a K1 got their interview scheduled for the week before me!

I have seen people be approved for numerous things including having to start a job, wedding plans that were already paid for (even though they tell you that you aren't supposed to do this on a K1), and even someone wanting to be in the US for the birth of a god child. Conversely, I have seen them deny others for similar reasons.

So, like I said, all you can do is email them and try. You never know, you might get lucky, but at the same time be prepared to wait til Oct 2.

Good luck

I used my maiden name on the I-130, as I didn't intend to change my last name at the time.

During processing, I changed my mind. All I did was send a letter with my IV package to the NVC requesting that my surname be changed to my married name. I attached a copy of my new passport bio page showing my married name (from memory, I think you have to send a copy of the bio page as part of the IV package anyway).

I had no problems - they changed it at the NVC, and the rest of the process was completed using my married name.

There are only two ways that someone that entered the US on a K1 can re-enter - that is either with a GC or with AP.

AOS/EAD doesn't not act in place of having AP. (I believe you could have applied for AP at the same time as you filed your AOS/EAD).

When is the reunion planned for? I would want to make absolutely sure that you will get your GC by the time you need to travel (keep in mind all the new EAD applications that USCIS is being flooded with due to certain illegal immigrants being granted the ability to apply for EADs - this may or may not have an impact on how long your case will take to be processed).

Hi,

Does anyone knows if:

1. interviews for US embessy in Sydney are only scheduled in the first 2 weeks of the month?

2. NVC is the entity scheduling the interview date.

Many thanks!

Generally, for IR1/CR-1, the NVC schedules the interview.

However, from some of your other posts that I have read you got your NOA2 pretty quick - leading me to believe that your spouse is currently living in Australia with you? I'm not sure if this changes the process or not.

The general 'spiel' from the NVC is that they only schedule interviews in the first two weeks. That isn't always the case, although it is true for the majority of cases.

You were only just told that you got your CC (case complete) in the last couple of days, so in a normal case I would guess that you wouldn't be scheduled for an interview until early September ( and they usually schedule for about a month or so in advance, making the interview October-ish). But like I said, your process may be slightly different.

I thought from another post that the NVC told you they were forwarding your case to the Consulate for them to assign the interview. Have you since heard differently??

Yep it is illegal to come on a tourist visa with clear intent to marry.

Actually, no it isn't. There is nothing illegal about coming with the intent to marry. It is, however, illegal to come with the intent to marry and STAY.

It is illegal to use a non-immigrant visa (ie tourist visa) with the intent to immigrate (unless its a K1 visa, as technically that is a non-immigrant visa, but I digress..)

There are numerous reasons why a lawyer would tell someone to do this, despite it being in direct contravention of the purpose of a tourist visa. These can include - the lawyer is just plain ignorant of immigration law, the fact that alot of people have done it and got away with it, and lastly (and my guess would be the most likely), the lawyer is completely aware that by going about things in this way there could be problems when it comes time to file the paperwork (read: if problems arise, the lawyer is quite happy to charge a fortune to try and sort out the situation).

It's not advised to do things this way, and no-one here on VJ will tell someone to do things illegally. However, chances are she will probably get away with it.

The RFE makes it pretty clear - 'Even if a joint sponsor is to be used, the petitioner/sponsor must submit Form I-864'.

So, YES - you still have to provide the I-864. YOU are the PETITONER and are the 'primary' sponsor, even if you have no income and are having someone else cover the sponsorship requirements.

The information you put in the I-134 has no bearing on you having to file the I-864.

Send in your I-864.