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Hi there,

I am very new to this and have only just started looking for info today and came across this forum.

I am an Australian citizen who moved to USA in 2007 and married an American Citizen.

We are thinking to move back to Australia in 2010 but wanted to find out some information first. We are thinking of the spouse visa.

In terms of sponsorship, i believe that i read on one of the forms that states that one of the criteria is that you must be residing in australia to be able to sponsor. If this is the case, does this mean that we cant apply via spouse visa from the USA??

Is there any other way to do this?? Example, he just fly to Australia with me and then apply for the spouse visa from there?? I believe he is allowed to enter Australia for 90 days. Or is that pushing it?

Thanks!
 

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Welcome to the forum jltan and No you do not need to be in Australia to sponsor.

There is on the sponsorship form at item 29 a request for residential address which is followed by a note re being outside of Australia - says to attach a note on how you would meet sponsorship obligations - and that means housing and financial etc.

I'd expect that immigration will expect people moving or in your case moving back to Australia to have some reasonable ammount of funds and a plan of where the roof over your head will be, eg.
. bank accounts or other funding verification
. using parents, rellies or other friends be it in their house, caravan, holiday house or whatever.
. and anything on any arranged work would help too.
So your note and supporting documentation just needs to be commonsense.

If immigration decided [unlikely I'd expect unless you didn't have sixpence between you and no plan - many married couples come back to Australia with one doing a partner visa application] that there was potential for problems, they can then ask for an Assurance Of Support which would most likely then be from someone in Australia.

All that is mentioned at head of the Sponsor form.

So have a good read of all the visa stuff online, particularly the eligibility section, though that'll be straightforward enough, all links, the booklet , "applying for visa " section and make use of the checklist. http://www.immi.gov.au/migrants/partners/partner/309-100/how-to-
apply.htm

If hub is working in a trade or professional area, he ought to also look at what requirements may be for he commencing work in his field - http://www.immi.gov.au/allforms/pdf/1121i.pdf is the listing immigration uses on categories when someone applies for a skilled visa and covers just about every type of trade/professional skill and you'll see a reference to assessing authority and looking that up at back of list you'll find their web site and contact details.

Nothing to do with a partner visa but may help in advance if he'll be looking at qualification approval and/or registration etc.
 

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Hello Jltan--I am going to be applying for a Defacto Visa in the states. It's actually less expensive to do it from outside australia and if your hubby went on a tourist Visa, he could not work. He would be granted/have to apply for a "bridging visa" if it was to take longer than 3 months...but that just means more time without work. It's one of the main reasons why I am aplying from the states.

Anyways, I wanted to ask you if you wanted to keep each other posted as to how it goes applying from the U.S? The documents needed for a spouse visa are the same as defacto pretty much (minus marriage liscence of course) so maybe we could help each other out?
 

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Hi there,

I am very new to this and have only just started looking for info today and came across this forum.

I am an Australian citizen who moved to USA in 2007 and married an American Citizen.

We are thinking to move back to Australia in 2010 but wanted to find out some information first. We are thinking of the spouse visa.

In terms of sponsorship, i believe that i read on one of the forms that states that one of the criteria is that you must be residing in australia to be able to sponsor. If this is the case, does this mean that we cant apply via spouse visa from the USA??

Is there any other way to do this?? Example, he just fly to Australia with me and then apply for the spouse visa from there?? I believe he is allowed to enter Australia for 90 days. Or is that pushing it?

Thanks!
Dear Jtan - Hi I am Australian & have been in the USA for 8 years married to an American. We have just sent off our application for Partner Visa 309.
'Wanderer" is great and has really good information, I also called the Embassy in Washington to check on many things that I wasn't so sure about - I found them really helpful, pleasant and happy people. I asked about the fact that as I had been here for 10 yrs in total and I did not have a job or housing in Australia, they said, as Wanderer just did, to explain the situation in an attachment - that obviously this was not an unusual situation, and once you are assigned a CO, they will let you know if they need extra information.
Filling in the application and getting statements notarized, statements from people in the States witnessing our relationship, getting certified photocopies, Police and FBI clearance, medical etc......has taken 4 weeks longer than I thought.

Download the Forms and the Booklet, and start gathering info.now.
I asked the Embassy about my hubby just going on a Tourist Visa and I was told that although they cannot say yes or no to that, he would be entering Australia fraudulently under that Visa as his intent is to reside there, not just to visit, also he would not be able to work.

I really reckon it's worth it - to take the time and apply from here. GOOD LUCK!
By the way we live in Oregon on the California border, the only Panel Doctor for the medical, x-ray, b'work is in Portland - 5hr drive away - and took two weeks to get an appointment - also cost $485 - not covered by our Insurance......that threw me!!
Fingerprints done by our local Police cost $38
$1685 for the 309 application.......

I'll post more information when we have a CO and as the application goes through......fingers crossed for us all!!!!!!!!
 
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