[prosmart]

Greetings.

I am a UK citizen living in Australia for the last 30+ years. My fiancee is a USA citizen currently residing in Washington State.

We met via the net and I proposed to her when I was in the USA in June this year.

We are in the throes of filling out the Prospective Spouse Visa for my fiancee to move to Australia where we plan to marry and live.

We have a few questions that we hope folks here might be able to help up with.

1) We were both married (to different people) in the UK. Me, when I lived there and my fiancee when she was posted there in the USAF. Both a long time ago (20+ years). Neither of us has any marriage documentation but we both have the divorce certificates. Is this liable to cause problems?

2) My fiancee has a son who is now 21 or 22. He was legally adopted some years ago and has now dropped off the grid completely. He never speaks or has any communication with his mom. Given that he was adopted, does he even have to appear on my fiancee's application form?

3) Dependent on the answer to 2) above, what happens regarding him and the form 47A? Even if we could track him down there is no way he would do anything to help his mom out.

4) My fiancee also has a daughter who is over 18 and we are running into a few roadblocks regarding the 47A with her as well. She lives remotely and doesn't have some of the requested documentation. Does anyone know why on earth the adult children have to fill in all this info at all? What happens if they can't / won't?

5) Is it worth getting an immigration lawyer involved? In the USA or in Australia? Does anyone have a ball park figure in the costs of this (apart from your first born's soul).

Thanks for any input - we were starting to feel very isolated by this process.

Regards

Nigel.

 

[CollegeGirl]

Hi Nigel - Welcome to the board.

Form 47A is for "each dependent aged 18 years or over."

Is the daughter in university? Is there any way she could still legally be considered a dependent? Is your fiancee financially supporting her at all? If not, you're probably fine. You have to list all dependents, migrating or not, and they all have to have medicals regardless of whether they're migrating. But it sounds like these two children are possibly not dependents any longer?

If not, you won't list them as dependents on the 47SP nor use the 47A form at all.

Of course you'd still list them under "family details" on the 47SP.

Of course, if her daughter is still dependent, that changes things. She'll have to have a medical and you'll need all her info, unfortunately.

The reason DIAC asks this is in case you later decide to bring the dependent over with you.

 

[melandabdul]

I was recently quoted $6000 by a great and well respected migration lawyer in Melbourne. That is in top of the fees for the visa and medicals etc.
Having had a visa refused, I would go for the lawyer option if you can afford it.

 

[doingok]

I was recently quoted $6000 by a great and well respected migration lawyer in Melbourne. That is in top of the fees for the visa and medicals etc.
Having had a visa refused, I would go for the lawyer option if you can afford it.

$6000 not including the filing fees??? Where did you find them? We paid our migration agent $2,500 (two installments) for their full service. They are doing an excellent job for us. We did some research before engaging them - it appears that on average migration agents charge from $2,000 to $3,500 for this service - I would not pay more than $2,000 - 2,500 anyway. $6,000 is absolutely mental. Stay away from them. What a rip off!

Nigel, I believe 47A is designed for people over the age of 18, so I don't think you should list your fiancee's 22 year old. We had to complete one as my daughter is 19 at the moment and she is migrating with me.

Amanda

 

[melandabdul]

This lawyer is well renowned and voted lawyer of the year by his peers in 2012 so whilst I understand your point that he is pricey, he is not a charlatan and I guess you get what you pay for.
I am sure there are very good lawyers around that are cheaper, having been on the side of a rejected visa I would, if I could, pay any matter of money to someone I KNEW would get me a visa.

 

[doingok]

Hi,

No one can guarantee a successful outcome. No lawyer can make promises, and there is not too much of a difference between a lawyer charging $6,000 and one lodging the visa application for $2,500 in terms of services as partner migration is not a rocket science. In fact, we could have done it ourselves, we are just too busy with other commitments.

Amanda

 

[melandabdul]

I probably had the same opinion as you Amanda until we got a refusal. A lawyer is not a lawyer is not a lawyer. But you are entitle to your view and my input was for the poster of this thread anyway.

 

[chicken999]

I agree with melandabdul I also got the best lawyer I could afford $440 per hiur 15k all up including mrt filing fee and 2nd pmv visa fee. If u sawy 18 page submission letter to diac where he ripped their refusal letter to pieces and proves them wrong at law in refusing us and is u saw our many times he made us redo our person statement u would have a different opinion. There are agents and there are lawyers who u feel will fight to the end with u. Pricey? Yes money well spent? Abso-bloody-lutely - my visa was just granted after only 9 months pretty good for African he country and we didn't even have to do an interview . Show me any other African where interview was waived with hr country . I think not

 

[prosmart]

Hi Nigel - Welcome to the board.

Form 47A is for "each dependent aged 18 years or over."

Agggghhh!

That bloody word "dependent".

Thank you /so/ much for the advice - we didn't see the wood for the trees.

Regards

Nigel.