DairyFarmer

Add me to the list.

DairyFarmer............... K1......London UK............... 13/02/2009.......... 221G

05/03/2009.......... Administrative Processing on supply of documents.

Knight here -

So essentially, they need another letter of intent from the both of us that we need to have notorized? My question is, does this actually prove anything to them (again) or is this just a "suggestion" with no actual basis in fact?

And with the NOA2, I suppose I can get that notorized but wouldn't it just be a better idea to photocopy it and send it to Magpie? Seems a little silly to notorize something with all their seals and deals on it that they themselves made.

Sorry I am late to the party, kind of hurts to be here at the moment.

BUT as to the above our lawyer got John to write a new letter of intent and have it notarized. In theory by the time we got to interview the date on our NOA2 was expired. Now London is not as particular as other Embassies, however I think it is better to be safe than sorry. Having said that they did not ask for it at the interview but I was commended for both having it and volunteering it.

My theory is the parent child difference. For me I should not be so much older I could have given birth to my partner or vice versa. So I think 11 or 12 year difference. No more than that. Be aware I'm not judging this is the rule I live by.

MARM its not whether you are returning from where you came which is important it is whether you have a ticket showing you are departing from the UK. So an onward ticket to Pakistan would show that.

Thank you both for your kind thoughts. They are greatly appreciated.

So for those that dont know, today was terrible for us. I think Melannie spent 90% of it sobbing unconsolably. Thank God she finally went to sleep now. The embassy is now trying to take away our approval, as they say we lied on our application as Melannie was arrested in New York under a deportation order in the mid 90's while she was in college there. This is all untrue. I do believe she would know if she had been arrested!!!!!!!!!!!!!

@Q!@$ Government anyhow!!!

LUCKY FOR US, and I cant believe I'm saying this, we hired a lawyer for this K1 process. I thought it was a huge waste of money up until today. They have earned every penny of their fee today. Turns out Melannie wasnt even in the U.S long enough for what the embassy man say happened to have taken place. Our lawyer was able to sort all this out with evidence in a way we never would have managed. Also, at the lawyer's advice, I contacted my congressman, Fred Upton, and he is going to get to the bottom of this, as well as a somewhat nasty letter from our lawyer to the embassy.

The lawyer seems VERY confident this is somebody's error who hasnt a clue what their job is. It is his thought we will get our visa quickly as whoever is at fault will try and dump this before it burns them.

So Melannie is headed back to Scotland tommorrow until this is sorted out.

I am so thankful for Allan LOlly and Associates legal service. I dont know how we could make it through all this without them. Hopefully the situation reaches a speedy and sucessful end. And as for the embassy officer who was so rude and cruel to my love today, I hope a friggin bus hits you.

I hope nobody else finds themselves in a situation like today has been for us.

John

They told me at the interview I was approved pending the supply of my Australian Police Certificate. Congratulations and welcome to America, but now they are taking back my approval, John has been in touch with the Lawyer and his Congressman and both are now contacting the US Ambassador. They think the US Embassy has messed up, they should never said approved pending the police certificate and then decide to put me into AP, the lawyer is very confident, but who knows, I'm too scared to put my faith in anything cause I'm not sure how long I can keep on taking the hits.

I'm heading back to Edinburgh in the morning, I have been down here since Tuesday, mind you I can't stop crying. And ironically I am always the positive one but I can't be now, John is now in that role.

I went to college in NY early 90's my dad stopped his part of the financial support so I could no longer maintain my enrolment, the college did what they had to do and reported I was no longer a student, meaning I was on an overstay and I got a letter to report to the office in Buffalo. They issued me an EAD and I was given a time frame to leave the country. I left well within the time frame. But it turns out at that meeting was actually deportation proceedings and I was actually officially arrested. Call me naive and stupid I am calling myself a lot worse.

I told the lawyer what happened but when they filled out the forms the omitted the above part from the documentation.

The Embassy called me today and asked me questions re the above and said my credibility had now been called into question, I tried to explain it best I could, but it is over 15 years ago and my memory of the details is not great, I'd forgotten I had been finger printed until this moment in time.

So now they are requesting the supporting documentation from Washington and that could take a couple of weeks. In the mean time they have kept my passport. I am going to return to Edinburgh tomorrow and wait, I guess.

I can't stop crying, I am so scared as to what this means.

Take me off the Approved list and put me into AP.

I've read the last of the books on your list, we have found it helpful, we have crossed some of the issues in the time since reading them and it has been useful having coping mechanisms.

I should have added if you need to claim for Compassionate grounds it is 'judged/administered' (for lack of a better word at this moment) by APRA - the Australian Prudential Regulation Authority.APRA link to early release.

Additionally you still retain control over your money.

You can transfer it to another superannuation fund that meets your needs.

You can switch the investment options and add beneficaries. (In case of death)

Investigate the investment options some funds offer not only managed funds but direct share investment and some even offer Capital Guaranteed investments. Each will have its own rules and fees associated but there are hundreds of options out there.

I understand how you feel about it being your money, what you may need to remember is superannuation was developed to lessen the burden on the social security system at retirement. You were never meant to access the funds before this time. Additionally it may be you decide to return to Australia for example for retirement these monies go towards that.

You MAY be able to access your funds under "Early Release" it pertains to extreme circumstances and is known as Compassionate Grounds (IF your superannuation company has this built into their trust deed. Some deeds were written before this was introduced)

The circumstances are

to cover paying funeral costs

medical expenses (there are specific requirements)

and

if you are in danger of foreclosure on your primary residence.

There is another "Early Release" called financial hardship however this can only be accessed by those in receipt of specific AUSTRALIAN social security benefits.

No news unfortunately though John did get told off by DOS for calling too much. We call twice a day, once when they open and the second after the UK closes.

Lets just say I had a small melt down when he told me.

Correct if you were an Australian citizen whilst you earnt your Super you can't get it until the relevant retirement age.

What you can do is sometimes reduce costs for example if you have insurances attached to your super they can be cancelled in a lot of cases.

You need a panic buddy

I have mine on Friday and now on permanent panic mode, feel sick with worry, oh well not long to go and I will find out

If I'm still stuck here on Friday I'll come be a buddy on the line outside if you want.

I actually went there today, I know sad. I was on the phone to John and as I have heard they can monitor telephone calls I made him say our LND number whilst I recited our full names and dobs.

But no luck.

Have anyone gone through this before? My fiancee, soon to be wife, is ready to move to the US and we can't think of how to transfer her Austrlian SUPER to the US into a Roth IRA or some sort of account. I will research further but TBH.

Obviously, we can wait to transfer after she receive her SSN and thus able to open Roth IRA or regular IRA account or 401K. But there still we wonder how Australia reacts to the transfer?

Thank you.

I'm sorry to say you won't be able to transfer her Superannuation as it is protected under Australian federal legislation until your wife comes of retirement age. This age is dependant on her date of birth.

Just called DOS again and was asked to stop calling so much! Still no progress, I'd say chances are none that we'll be getting married this week. At least the marriage license is good for one month, hopefully that'll be enough time. I hate to tell Melannie, she's really not going to take this well.

Not sure, it wasnt too bad scheduling it the first time, but I dont know what the cancellation policy is, I'm going to address that problem tommorrow. I just wish I knew what day to reschedule it to, the way this is going it may be a while yet!

No, not yet. I just got off the phone to DOS, and our case is currently still being processed, so its looking bad for her to get here by Friday.

Well the visa courier service has completly screwed us over. Melannie didnt get her visa again today, so we lose a $400 airfare as its completly non-refundable. I guess we shouldnt have been quite so eager. And even worse, I dont get to see her tommorrow. We are just praying she'll get it in time so we can still get married on Friday. 3-6-09 only comes around once a century!

I agree, chill-ax all, it really is very simple and easy to follow. Don't over think it all.

By all means prepare you evidence of relationship, I did, as it turns out they did not want to view it at all. The most important information is the information they ask for. This is ESSENTIAL.

Yeah you love that as much as I love John's idea for the lighting in the Lounge room to be designed from antlers!!!

omg do you really need to have the NOA1 for the interview>?? WHYYYY i dont think i have that

NO you don't. It is not on the P3 check list, and is not requested at the interview.

Love the cake Nessa though I'm guessing this might have been what Charles wanted you probably chose something else right?

Oh and Charles I apologise, turns out that was a John Deere. :bows head in deference:

Its cold on the train. There is a broken door and the cold is coming in.

OMG!!! That picture in your siggy is completely P0rn!!! You can see the cow booooobs

Udder-nother one