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Hi guys. Just after some general advice. I'm marrying the love of my life who is American (a goon!) in October of this year. We are both living in Australia at the moment while I wait out my long service leave. We have kept careful record of our relationship, including lots of travel to visit each other in the 12 months after we met while we were apart, we have a joint bank account here in Australia, we live together and have lots of good friendships here, tonnes and tonnes of photos together etc. As soon as we get our marriage certificate we plan to apply for a green card. Do we do that through consular processing? Is it still the Form I-130? We move to the States on the 13th of February; should we put off buying our plane tickets or is there some kind of bridging visa? I just find the whole thing pretty confusing and I know if you gently caress things up you can wave goodbye to ever living in the States so I want to make sure I do it properly. Also, is there anything else we should be doing / keeping record of with regards to living together in Australia?
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May 19, 2014 05:38
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But isn't there some kind of bridging visa I can get for while I'm waiting? My fiancé's Australian visa runs out on the 3rd of March so he has to be gone by then. I mean, if we have to be apart then so be it but I'd really rather not 
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May 19, 2014 22:33
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Ashcans posted:You should start somewhere like this page to try and get a grip on the process. The K3 visa seems like it would allow me to live in the USA while we wait for processing. "To be eligible for a K-3 nonimmigrant visa, an individual must: •Be married to a U.S. citizen •Have a pending Form I-130, Petition for Alien Relative, filed by the U.S. citizen spouse on his or her behalf." I take it that would have to be filed by my future husband while he is in the USA and I am not, as well? But that it wouldn't take long to process then I could join my husband in the USA while we wait for the I-130?
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May 20, 2014 03:22
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Ashcans posted:Yes, you will have to visit the US consulate in Australia for an interview. There are basically no waivers for this unless you are really old (like over 80). It is possible that there are multiple interview locations and you wouldn't have to go to Canberra, but I don't know - this is one of the things your fiance(e) can check with the consulate. This is super helpful, thanks. Does he have to be in the States to file the I-130? I guess really, there's no way to reduce the time we spend apart. This sucks so bad, way more than I thought it would. USA_immigration.txt I guess.
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May 20, 2014 04:45
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I appreciate that it's the fastest route but it still means I have to live apart from my husband  Like there must be a way to live in the States and have no ability to work or use state resources or anything and still reside there with my family
Sharks Below fucked around with this message at 12:33 on May 20, 2014 |
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May 20, 2014 12:30
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Sigh. And I guess we can't apply for a fiancé visa now (while we are engaged) because we are getting married in October and as such will not be fiancés anymore when the visa is finally processed
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May 20, 2014 13:52
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Ashcans posted:Unfortunately you are kind of stuck unless you want to modify your plans. If you are willing to move around the date of your marriage, that could help with the situation - if you get married earlier, for instance, you can file the I-130 sooner and possibly have things squared up by February; if nothing else, it will reduce the separation time accordingly. There is nothing stopping you from having a legal marriage squared away in advance of your big ceremony, even - lots of people managing immigration constraints end up having multiple ceremonies to accommodate the logistics. This means weighing your immigration needs against your other priorities and beliefs - are you ok being technically married for several months before your big ceremony with friends/family? That's definitely something that we've been discussing. It breaks my heart a bit, I don't have any religious beliefs or anything but we are having a destination wedding with just our closest friends and they've already bought their flights etc, so I worry that they'll be like "oh cool yeah I'm stoked to have paid that much money for your fake wedding" or whatever If we decide to keep that little factoid to ourselves and basically pretend we got married for real at our already-arrange ceremony, would that look bad for us to immigration or would they really not give a crap?
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May 20, 2014 23:48
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Silly question probably, but with the interview thing, do I have to attend at a consulate in Australia? Or could I go to one in another country? V: Ok, point taken. Sharks Below fucked around with this message at 05:28 on May 21, 2014 |
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May 21, 2014 04:53
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As an update, fiance and I have decided to get legalmarried next Saturday the 28th of June then when we get our certificate we will apply for our visa. I know we're looking at a super long wait (probably 12 months) but at least it'll be started sooner than November, which is what we were looking at before we decided on this path. He has to leave in Feb so hopefully we won't be apart too long
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Jun 17, 2014 00:04
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We received our marriage certificate today after signing the paperwork on Saturday! Fastest I've ever seen an Australian government department move in my entire life, and I work in one  We can apply now, just gathering a couple of stat decs from my dad with whom we are living and sharing household costs, and a friend who was at the wedding. The rest of the documentation I have. I've read that for the IR1/CR1 visa you really only need the certificate, how true is this? I worry that I'll just send that and the couple of other things and it won't be enough or is the rest of the supporting documentation for the interview?
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Jul 2, 2014 23:52
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I-130 posted today to the lockbox. Christ it's been stressful. I'm absolutely petrified we'll get an RFE. I hope we don't, I tried my best. I'm also super disheartened and sad that most people going through this process are waiting around 12 months between lodging and interview at the moment. Being apart from my husband is gonna suck E: VVV it doesn't. That sucks though
Sharks Below fucked around with this message at 11:14 on Jul 9, 2014 |
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Jul 9, 2014 05:39
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It's been three weeks since they received our application and we have no NOA1 by email yet soooo  They have banked the check though.
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Jul 28, 2014 23:55
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Sharks Below posted:It's been three weeks since they received our application and we have no NOA1 by email yet soooo Ashcans at what point do you think we should start getting worried about this? They've banked the check but no email (that's how we nominated to be sent our NOA1 but I don't know if they also post it in addition) yet and they received our application on the 14th. Wait a bit longer you think before panicking?
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Jul 31, 2014 23:00
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RICHUNCLEPENNYBAGS posted:If they hadn't received your application they would not have cashed the check, right? One would hope not! I guess I'm just worried because most people say they get that email within a couple of days of the check being cashed  But I am prone to needless anxiety so I'm sure I'm worrying about nothing.
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Aug 1, 2014 00:28
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Clochette posted:Thank you for your contributions to this thread, Ashcans! Totally agree, you're a superstar Ashcans! I will ask the petitioner (I assume it'll have to be him) to do it tomorrow sometime in business hours for Chicago. We sent it to the Chicago Lockbox as instructed on the website. People are saying to wait 30 days and I'm sure that's the reasonable thing to do here, and this is so silly but we just don't want to have to wait any longer than necessary since we're looking at spending many months apart as it is Hopefully we are worrying for nothing and it'll turn up soon but I can't help stressing over it.
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Aug 1, 2014 03:38
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I don't know what to think about today. We got an NOA1 in the mail which is tops! But when my partner put the receipt number into the online portal thingy, it says "...we mailed you a notice that we have approved this I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN." It says this was mailed on the 28th July, the one we received today was mailed on the 17th of July. So we won't have received whatever was mailed on the 28th of July, prob a couple of weeks yet. It can't be the NOA2. No loving way, right?!
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Aug 5, 2014 06:23
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It was. We got the noa2 yesterday. What the heck!? Not complaining. Now onto NVC stuff 
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Aug 12, 2014 04:28
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I have no idea but that sounds.. unusual.. Our streak of good luck has continued, we got our NVC case number about 16 days after they received it then immediately were able to fill in our DS-261 online. Our AOS bill came up for payment 2 days after that, so that's been paid and shows as "PAID" meaning we can send our AOS package but we are waiting on documents from my joint sponsors. So far so good, long way to go yet. I'm having my immunisations on Wednesday.
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Aug 24, 2014 00:03
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Man, you know what's tough when both parties are living outside the USA? Establishing a domicile.
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Aug 24, 2014 22:56
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Sheep posted:Do you not have the option of asserting that you never relinquished any previous domicile you had? That's what I did. Yes, but that requires proof. It's okay, we think we have managed it  We submitted stuff like bank statements, 401k accounts, VT bar membership, drivers licence all with his address in NH as well as his 12month Australian visa with no possibility of extension and a letter from his parents saying that we are welcome to stay with them or in a home that they own for as long as we desire. So I think we should be okay on that.For anyone who cares we are in the midst of the NVC stage of our CR-1 process at the moment. Submitted our AOS package now just waiting to pay the IV bill and submit that form and package. Then, we pray pray pray (in our atheist way) for no checklists and a case complete before the end of November. That'd be sick. We'll see.
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Sep 22, 2014 03:40
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IV bill paid, IV package submitted, now we wait for checklists or, if I dare to hope, case complete.
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Sep 29, 2014 03:56
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Ashcans you are so magical. We are getting towards the final third of our 60 day NVC document review wait. Last package was scanned on the 29th of September. Hoping that gives us a case complete (please god no checklists) around the end of this month and I can go get my medical. I have to go 700km away to do that, then more than twice that distance for my consular interview. Oh well, I've only been to Sydney once and didn't do much shopping so I'm hoping to do that this time Pity it won't be in time for Christmas, but oh well.It'd be good to know what happens with the Sydney consulate over Christmas, I understand in the USA the Christmas break isn't really as much of a thing as it is here but whether that makes a difference I don't know. CAN YOU TELL I THINK ABOUT THIS A LOT?!
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Nov 5, 2014 23:58
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SuzieMcAwesome posted:Would anyone here be willing to let me interview them for a nursing paper about culture and immigrating to the US? We could interview via Skype, FaceTime, ooVo, whatever. I would like to do the interview tonight or tomorrow as my paper is due Monday. I guess I'd be pretty useless seeing as how I'm in Australia so not a wildly different culture or language and I'm not actually there yet?
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Nov 6, 2014 00:16
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Ashcans posted:I hope it all goes smoothly! Even the panel physicians in my state are at opposite ends and I'm in the middle (this is a state that would take an entire day and a half to drive end to end) and they charge around $500 for a medical which seems ridiculous to me. What do they even do? It seems like they take an xray and interpret what your own physician sends them. Licence to print money. Jerks! It'd be ok if I could do both things at once (medical then interview next day or whatever) but I am assuming medicals take time to be typed up etc.
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Nov 7, 2014 00:25
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Yeah, everything in Australia is steep but this is particularly a bastard because it's not claimable on Medicare! I sure am gonna miss universal healthcare. Anyway doesn't matter, it has to be done and they can charge whatever they want, there's only the two in the whole state and they're 2000km apart so it's not like they're really competitors. No TB vaccinations because it's so uncommon here, though I believe it is common practice to do an x-ray here which requires interpretation of course. Some people get TB vax before they travel to certain places but I've never had it. I was on Guam a few times last year so I think I will need an x-ray since that is considered high-risk. I live sub-tropically too so there's that. I have no communicable diseases, go to the gym regularly and am generally healthy so I am not worried about the medical really it's just super inconvenient! I like your idea but I'm not willing to take the risk. So far we have been obnoxiously truthful and honest and done everything as much by the book as possible so I think I'll just continue that trend
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Nov 7, 2014 04:56
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As a person who is applying for a visa with both people living outside the USA, may I strongly recommend to ensure you keep a domicile and proof of said domicile.
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Nov 11, 2014 03:41
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Wait. We're meant to check post histories?! D: Also I'm still waiting for my case complete it's been like 50 billion days HURRY UP NVCCCCCCCCCCCC
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Nov 19, 2014 06:14
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Nuclear Tourist posted:You're the man. Thank you. Apologies again, I just get really angsty about this sort of stuff. I feel your pain. We're at end-of-NVC stage CR-1 and I honestly dream about this poo poo. All the time. 
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Nov 20, 2014 00:11
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Oh my god I'm going insane. Coming up on 60 days and people on visajourney are getting case completes with last scan dates up to a week after mine. Now convinced we're getting a checklist and will have to wait another 60 days and my husband will have to leave Australia without me. gently caress this loving process for real
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Nov 25, 2014 01:01
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Ashcans I wish you could look into this for me, we are now creeping up on day 60 and no response It's so stressful. We worked it all out last night and if we get checklisted now we're 100% spending some time apart next year for sure there's no way around it. ffffffffffffffffff
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Nov 25, 2014 23:49
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Ashcans posted:Have you tried actually calling the NVC and asking them about the status of your case? Sometimes they aren't able to tell you much of anything, but I have called and spoken to people about stuff they requested that we already submitted, asked them to recheck document lists, etc. It's hardly a silver bullet but the NVC is more accessible than the regular USCIS service center. Thanks dude. Yep I have called NVC, but because it's not quite 60 days, all they do is say "WAIT 60 DAYS" without even looking at whether anything has been done, since it's only been 57 days. But visajourney peeps whose scan dates are 2/3/4+ October are getting their case completes. The last time I called NVC was Saturday morning my time (Friday arvo their time). They said that ours was "in processing" whatever that means. My big concern is that we could only nominate Australian earnings for my primary sponsor (my husband) because he is living (and earning money) here. He has a job to go to in the USA but it doesn't start til September. So if they find him unsuitable as a primary sponsor we're in trouble. Our joint sponsor (father-in-law) is all good, earns way over the poverty line so we're fine there. We did have to submit quite a lot of documentation for him because he's self employed so maybe it just takes more time to go through. I can't imagine that we are in a unique position. Surely there have been people like me before who have gone through this process with both people living and earning abroad.
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Nov 26, 2014 05:06
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Ashcans posted:Well in good news, you'll be able to follow up in a couple more days! In this case something p bad did happen and we got checklisted for some confusing and unfair things (IMO). Leaving a part blank that was instructed to be left blank. Also we didn't fill in my husband's mother's city of birth on her i864a because she wasn't born in a city, she was born in an area of unincorporated land in China so anything we put there would have been a lie. Also we didn't submit my husband's w2 but we didn't know we had to do that since all the info was on his tax return and nowhere did it say they needed the w2. So that's another 60 days and husbo will have to leave without me so that sucks all the balls but no matter, lots of people in a way worse situation than us I guess. Also I think you are 100% right about it not being 'first in first out' but they will tell you that it is that way til they're black and loving blue.  Beerdeer: no offence meant in this post to any of you guys (in whatever way you are involved in this process), sometimes I just wish you had a bit more discretion to use common sense and be like "well they're missing this, but that's ok because the info is here" or "hm why is this blank.. *googles*.. oh I see, hebei is unincorporated land. Cool." etc yanno? But I know it's not your fault.
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Nov 27, 2014 00:58
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NVC are so confusing! First rep told us that we had to send in my husband's W2 for 2013 and fix the i864a for his mum, and then we'd be good to go. Second rep (confirming info from first) told me to just ignore the request for a police certificate because they just get sent to the consulate and not to worry about it. Except that I did send in one.. Anyway what I've done is ordered a fancy Australian Federal Police certificate (name only, no fingerprints) and had it sent straight to the consulate and we will send in the W2 and corrected i864a. That seems to be the visajourney recommendation. *twitches*
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Dec 8, 2014 00:43
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God, the checklist email arrived like 3+ weeks after we were notified by the NVC by phone that we got a checklist. And it's super loving confusing. Ashcans halp.
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Dec 18, 2014 23:44
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My new years resolution is to not check ceac.gov every day anymore. It's crushing me... Maybe every second day.
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Jan 1, 2015 01:39
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Yes, please do piss off forever and stop ruining this awesome thread with your shittery.
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Jan 1, 2015 04:44
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Nuclear Tourist posted:I can't tell if you're for real or some half baked troll account. OP please advise, over And also to you my friend. We sent in our checklist/RFE stuff, it was scanned 11 Dec so we have until 11 Feb to wait until we get a response. My husband has to leave Australia to go home to America on March 2. So it's looking extremely likely that he will go without me Wouldn't have happened if we didn't get the most retarded RFE of all time. But oh well. Starting to think we should have got the ol' K3 visa but tbh there wasn't that much evidence at the time that it was moving any faster than the CR1.
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Jan 1, 2015 05:46
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Day 48 of 60. poo poo's getting real. It's my birthday next Monday (day 54, which is apparently the sweet spot) so I will try calling that night to see if NVC have looked at the replacement paperwork we sent in. Booked all my husband's flights, all the way from Rockhampton, Queensland to Boston, MA over the weekend which was a pretty sad task.
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Jan 27, 2015 00:01
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Ashcans posted:Hope that it comes through for you soon! Sorry that you have to send your husband on while you're waiting, that sucks. I hope so too, if they tell us we have another checklist I may actually die. Yay I totally will! Well, we are staying in New Hampshire with SAM's parent's until his job starts in September then we will be in Vermont. But our airport is Boston! And we plan many Boston trips. We are prob gonna stay a day or so when I first get there so I can buy an actual winter coat from North Face or something. Good times.
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Jan 27, 2015 02:23
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We are expecting an answer this week but now the NVC is closed for weather ahahahahahahahahahahahaaaaaaaaaaaaaahahahhahaa I am actually going insane. I am now making up reasons why we'll be refused. "Well they want to know about your husband's income, and though his 2013 earnings (which we submitted) were in USD from his Guam job, now he is earning AUD until he goes home and starts his new job in September so you're gonna be refused completely." Alternatively: "they hate you, lol".
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Feb 3, 2015 06:31
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