We applied for IR1/CR1 Sept 2018. We got DQ March 20th, just a few days before embassies switched to emergency only due to COVID. We hadn't heard anything since DQ at all, and have just been patiently waiting for the embassy to contact us regarding an interview. I looked into an expedited interview application, but as my husband (who is the applicant, I am USC) and I live together in Australia with our kids, I really couldn't come up with a good reason to qualify.
However randomly today we got an email "Immigration visa case has been expedited". It states "The U.S. Embassy/Consulate General in SYDNEY, ASTL approved your request for expedited processing of your immigrant visa application"... Is this just a normal email people get or did our case somehow automatically get expedited? Regardless, very happy to finally hear SOMETHING. And then to find this thread today and people are actually getting interviews - woo hoo!
WOW, are you saying that you did not apply for your case to be expedited at all?
I mean, its good they approved you, but I would clarify it with them ... they may be trying to "expedite" ALL cases so they can resume their normal case load when they re-open normally! If you were DQ'd in March, you're well overdue for an interview anyway.
After submitting our expidite and attending my interview today, it was approved pending the arrival of my medical 😻
The interviewer was really nice, and they barely had any questions for me at all! Now I've just got to wait for the visa in the mail ❤🤘
The consulate said they now need to request my case from NVC and it could take up to 30-60 days to get it (I'm hoping they added a massive buffer to that timeframe).
The consulate said they now need to request my case from NVC and it could take up to 30-60 days to get it (I'm hoping they added a massive buffer to that timeframe).
Hello all - this is a detailed version of our process from filing the i130 petition aboard in Australia to the NVC stage to prearping for the medical the consulate and getting the visa. It has been wild! I honestly didn't think we would ever get to this point.
Filing i130 petition from Australia
My husband (USC) was in Australia for all over 2019 (with no working rights). We decided to file the i130 petition in August, and we submitted in October 2019. We sent our petition via post (online was not an option) to the USCIS Dallas Lockbox facility as my US husband was aboard and 'living' in Australia.
We sent the following documents in (aside form the normal i130/i130a and payment/e-notifcation) - it may be overkill, but we did not want to get a RFE that may delay the processing.
-Marriage Certificate
-Divorce decree
-Child's birth certificate & Consular Report Birth Abroad
-Lease agreement in joint names
-joint Australian bank account statement (27 pages long that shows we actively use the account)
-joint US bank accounts summary (only confirmed we have the accounts, did not show balance or usage)
-victorian ambulance cover for the whole family
-joint water bill
-joint costa membership
-evidence he is my emergency contact at work
-picture of my US spouse military privilege card
-letter that he is the beneficiary of my superannuation (Australian version of 401k).
-my passport that showed I visited my husband
-photos that showed the progression of our relationship (from the Marine Corps Ball, to being engaged, to getting married, our wedding, husband moving to Australia, the birth of a baby, husband meeting all my Australian family etc).
We submitted 14 October 2019 and our PD was 18 October (or 24 October 2019) We had several date changes in the lead up to our i130 approval (as noted in my signature) but we were approved 15 May 2020.
My husband left Australia for 3 reasons: The first, his Australian visa was about to expire. The Australian migration system is a bit more complicated and a lot more expense that the US system. Australia does not have relaxed migration laws, at all. I studied Aus Migration Law, its not easy. The second reason, he needed to get a full-time job in the US for the financial aspect of the process and lastly, to re-establish domicile as trying to prove intent seemed to be more difficult in the long run. It was the biggest sacrifice we have ever made, as he left his then 7 month old daughter behind not knowing when he will see her again.
NVC stage:
We got our case number from NVC 12 hours or something after our petition was approved. We were very surprised.
We uploaded the following civil documents for me (beneficiary) *note: we found submitting in PDF was the best, and we ensured the PDF size was under 2MB*
-Australian birth certificate
-Passport photos (US size)
- Australian Police Certificate - it is the ADF police certificate, not the state police one. I only did a name check. I did not provide fingerprints due to covid19. I had no issues.
- Biographic page of Australian passport
- Marriage certificate
Documents we uploaded for the Affidavit of Support (petition):
-i1864
-x3 IRS tax transcripts for 2019, 2018, 2017
-x3 W2's for those corresponding years, 2018, 2017, 2016.
- employment letter for current income
- all pay stubs received from current income
-SF50 to confirm his full-time employment with the Federal Government
-GI bill confirmation (he is studying Nursing)
- proof of GI payments
We uploaded at different times but we DID not SUBMIT until both of us had uploaded everything! We submitted everything at the same time on 28 May and become documentary qualified 2 June. Again, for some reason this happened really quickly. Note, there was no indication from the NVC that we may or may not need a joint sponsor. We really thought everything, except the medical, would be smooth sailing.
Request to Expedite:
After becoming DQ'd 2 June, the covid19 cases in Australia started to rise, specifically in my home state of Victoria. We thought about it for sometime and June 27 we submitted a request to expedite. We submitted under grounds of emotional hardship on both my husband, and our daughter (both USCs) and that my husband is an essential worker in the healthcare industry. We did not submit ANY support evidence, we only provided a detailed outline of the hardships we, as a family, were facing. We were approved for expedite on 7 July and 15 July the US Consulate Sydney scheduled my interview for 28 July 2020 for 11:10am.
Medical experience and preparation:
This gets personal. If you make any judgey comments, I will block you. I am sharing this part to help someone if they are going through the same thing and are riddled with anxiety. In 2014 I was diagnosed with Bipolar Disorder Type 2. I have a history of self-harm including a suicide attempt in 2012/2013. I have been in hospital on 3 occasions. The first was 2016 and the 2 most recent hospitalisations was 2019 (after the birth of my child) and in April of this year (2020). The hospital admissions were not in regards to self-harming/suicide etc but low mood and anxiety.
I was aware that my mental health history can be a concern, especially are there associated harmful behaviours. I knew that I was not a risk of harm to self or to others presently and in the future, but my history did concern me. I assumed I would be considered 'class b' due to the nature of bipolar disorder. I also knew that my recent hospital admissions may also present as a problem. I am still engaged with my treatment team, so upon confirmation of my interview, I organised a detailed 4-page medical report from my treating psychiatrist; a letter from my GP and a letter from my maternal child health nurse.
All of them included the line: "Zoe is of no risk of harm to self or to others". But detailed my recent hospital admissions and explained why it was required in the context of high stress, traumatic delivery, covid19, solo parenting, studying 2 degrees etc etc.
I also prepared the following to physically take in with me:
- Blood test confirming my serology to the required vaccines
- my baby book also confirming I was vaccinated
-a print out from mygov./medicare of my recent immunisation record (from 2003 - present).
-all my medical reports re: bipolar disorder diagnosis
I went to SonicHealth in the city. I would go there again over the Toorak Village Medical place that also does them. I've read reports about the doctor there and how he has examined peoples genitalia. Dr. Stephanie at SonicHealth was fantastic, and helped ease my anxiety of my mental health history, although, she could not confirm how it would go at the interview but the consulate would have my medical report from my doctors. Cost was $640.
I had the medical on the 20th July and 23 July everything was uploaded to e-medical and ready for the consulate.
Crossing the NSW/VIC Border in Covid Times:
WOW. This was another stressor. I recognise that I am lucky in that I crossed the border before the interpretation of "legal obligation" was narrowed down.
I prepared the following to assist me crossing the border:
- NSW border permit 'legal obligation'
-personal statement, 2 pages, explaining why I am crossing, details of my flight, where I am staying, and covid19 symptom declaration.
-US consulate email confirming interview
-flight itinerary proving intent to return home
-hotel accomodation booking at the Travelodge.
-email to US consulate requesting expedite
-email form US consulate approving expedite
-medical email that stated 'medical is valid for 6 months only'
-US federal code that stated all interviews are to be conducted in person (to help argue I am there under a legal obligation)
-printout from US consulate sydney website that state they are the only facility to conduct immigrant visa interviews
-printout from the US consulate sydney website that state they are only conducting emergency services (to help argue its an emergency legal obligation)
I landed, had my temperature checked and I passed through all 3 NSW Health officials with no problem. The only "issue" was that I had to take a taxi from the airport to the hotel and not public transport. I dressed professionally and had ALL my documents (from the visa interview AND the border crossing) with me.
Interview:
I have to admit, I had a bad feeling but I could not pinpoint as to why I had a bad feeling, I was thinking it was to do with my mental health history. Alas, I was wrong.
I arrived at 830am, I was told to come back 30 minutes prior. So I did. I arrived at 10:40am, and was told to come back 10mins prior. I just waited in the front until I was given the all clear to go in. They made everyone wash their hands before entering. I washed my hands, and then entered the security area of the consulate. I handed all my documents to a lady. She flicked through everything and put all my documents in a clear document protector. I went through security, nothing fancy, I was then directed to the lifts to take me to level 55.
I arrived on level 55. I went through a big heavy door that reminded me of prison (I worked in a prison). I took a number and sat down. My number was called and I supplied all my documents to the Consular Assistant. I scanned my fingerprints too. I sat down and waited while he processed my paperwork. When I was called back, he stated that the Consular Officer may request to see my public charge questionnaire. I think it was this moment I realised that we may need a joint sponsor and that it had something to do with bipolar or the fact my husband didnt work in 2019 and thus, his 2020 tax return was $0.
I sat down with my documents until the Consular Official called my name. I made an oath and then he asked me when we were married and how we met. He asked how many children we have and if she has her US passport, which she does. He asked what I will do for work in the US or if I will stay home. I told him ultimately my goal is to be a lawyer but until then I may work in the legal industry or prison sector.
He then looked at my husbands tax return for 2020 and commented it was $0 because he was in Australia. I confirmed that was accurate and that he left Australia to get work and to re-establidh domicile. He typed away and then said to me "i either have to issue or refuse a visa. I am refusing this visa as I need a joint sponsor. A credible joint sponsor, like a family member who will step in and help if needed". He then gave me the dreaded 221g white slip told me to upload to NVC and then email the consulate.
I am not going to lie, I cried. I cried because the uncertainty of not seeing my husband again became real again. I felt blindsided too that we got the 221g for a joint sponsor.
221g + uploading joint sponsor:
This was going to be hard. Our options for a joint sponsor were limited to my husbands uncle, who is a family over earning $100k as an engineer or his step dad, family of 4 earning $50k. We asked his Uncle, who got legal advice and from that legal advice he's answer to us was a firm "no". His wife, my husband aunt, also stated "I want NO part of this".
Our only option was his step dad and mum. For a household of 5 (4 plus me is 5) the income was $50k. It was not a strong joint sponsor but it was our only hope.
We uploaded our joint sponsor on 31 July and then I emailed the Consulate. We uploaded in the same section where we uploaded my husbands financial documents. We did not add a joint sponsor section.
On 5 August we received an email from the Consulate confirming that had received the required document.
On 7 August the case was put into administrative processing and on 10 August our visa was issued and by 6pm they had posted it!
I received the passport with visa 12 August.
I recognise I am very lucky that our process was relatively quick, especially in covid times. I feel so bad and sorry for everyone who is still waiting for their interview or have had their interviews cancelled. I feel sorry for those stuck in Victoria who cannot go to NSW for their interview because they've changed the interpretation of legal obligation. I really do feel sorry for you and I am here to support you in anyway I can.
I am thankful the visa part of this journey is over. Now I face the battle of packing up my tiny apartment alone with our 14month old and travel to the States in an era where flights are limited!
I hope this has been useful for those doing through this process and are filing abroad, have a mental health issue, trying to cross the NSW/VIC border or who received a 221g for joint sponsor at the interview!
Good Luck to all, and thanks to everyone on VJ who helped me along the way too!
According to my husband, these were the questions asked (and apparently very tailored to our situation):
1. When/how did you meet? (2010)
2. What year did you get married? (2017)
3. Why did it take so long to get married? (lol)
4. Did your family attend the wedding?
5. What job do you do? (As stated before, he has a job offer for the US already as he is transferring with his current company from the Aus branch to the US)
6. What job does the sponsor do?
7. Why did you do study abroad in California, not Texas? (my school didn't do the same SA program so we didn't care where he went)
TBH we were surprised at the Study Abroad question. That didn't even cross our minds as being a potential question... not that we had any real worries about it!
He also reported that there was only one agent working the counter. As we provided an additional 40 pages of documents for review (I864 and I864a) it took an additional 30 minutes to review. He also reported there was another applicant there and feels they may have been frustrated with us for taking so much time (sorry!).
Thank you, @zochu for your experiences as we were able to get a sponsor before the interview. The agent said that while my income (for 2019) and his offer letter with his company in the US would have been very tempting documentation, the sponsorship is what pushed us overwhelmingly into an approval.
THAT SAID, we're currently chilling at 'Refused' as the medical hadn't arrived to the consulate yet. Medical was completed on 8/12. We were advised that we should hear more later this week! My husband is giving the Dr. office a call today.
We're almost done with the whole rigamarole!
EDIT: OH! And no issues with that darned police certificate!
I wonder if this will also effect them granting an expedited interview right now if you're from VIC and put in the request now. Or if they'll assess it regardless of that and then just have it sit there waiting for an interview to be scheduled once restrictions have eased.
I emailed my expedite request on the 5th. Last night I received the email from NVC that they've received it - so 5 business days to acknowledge receipt. Will let people know when I hear a decision.
my flight was relatively well priced for me and our daughter (16m) but because everything is so uncertain, I’m expecting my flight to Auckland will be cancelled meaning I’ll miss my connecting flight. I hope that’s not the case ... but these are such uncertain times.
i really feel for those who have had their interviews cancelled.
The Immigration process is hard enough without the added pressures and stress of a global health crisis
Air New Zealand with transit through Auckland and then into Lax or SFO is my preferred choice right now. Or it’s United SFO to SYD or Qatar through Doha The last two are looking like business class mostly and I’m seeing frequent cancellation with them also
Very expensive... flights are so limited right now, pushing their cost through the roof.. last I checked a flight home for me one way was well over 5k and you’ll need a return ticket.
while k1 is still ok to enter on esta you need to check if it’s still valid.. many esta have been cancelled due to the virus and you may need to reapply..
not sure how long it would take you to apply for the permission to leave Aus you still run the risk of being turned away at POE due to the virus, and regular conditions of entry - it’s well known here that the number of cases is on the up back home and that Vic has been segregated from the rest of the country pretty much.. —- and that you can’t leave the country without permission, they may ask to see the permission which will clearly say to visit fiancé and put you in a high risk category for AOS... CBC are on extra high alert right now for potential overstays due to the virus and EO’s and with pending k1 it will be hard to prove you have no intent..
not to mention you still have the costs of quarantine to cover on return to Aus and Hiawei have very strict quarantine at their end too... they’ve stopped heaps from entering
i think you might just be better off waiting it out.. it’s a significant financial risk only to get turned away at the gate..
Just got my CR1/IR1 visa Approved earlier today at US consulate Sydney. Had my Medical exam on Jul 31, the results were sent to the consulate on Aug 4. The CO just checked my civil docs and asked few questions like when, where and how did we meet. He also asked for some pictures of me and my husband. Finally, he asked when will i finished my PhD.
They check the AOS documents (we used I-864EZ) but did not asked for the DS-5540 (although we submitted it on our ceac account previously).
Now waiting for my passport, which according to the CO, will arrive within 2 weeks.
Uggghhh this made my eyes water! It's been hard for all of us and I'm just glad at least some people are able to move foward with their life and it gives me hope.
@zochu Safe travels to you and your family onwards to the States and please keep us updated on your journey! ❤️
Thanks everyone. I’m confident you’ll all be given an interview and will be headed to the US soon. It’s such a stressful process and you’re all champions for pushing through - especially in such a crappy time.
Yep, up until about 3 weeks ago we could have entered Sydney with no drama and return to QLD without hotel quarantine. But thanks to the few doing the wrong thing that has since changed. We can only hope that by the time we need to go down there and come back that Annastacia Palaszczuk has removed the "Hot-Spot" marked on Sydney and in general NSW.
Hang in there I know it's hard right now, I have been on a knifes edge with all of this for the past few weeks. We are all in this together and can only hope things get better soon.
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