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Discussion Starter · #1 ·
Hi everyone,

We have a specific question(s) regarding our spousal visa application 309 application (applied for offshore in Washington DC). I am Aus citizen by birth, my husband is US citizen, we currently live and work in Seattle, WA, no kids yet. We have recently submitted my husband's spouse visa application offshore (Washington DC Aus embassy) and we are hoping that it will take the standard 4-5 months processing....

The problem is I am going back to Aus to start a job in 4 weeks time (which is not really that much of a problem, so relieved to be able to start a job shortly after I leave my job here in the US), but we would like to minimise the time that my husband and I spend apart....and he has started to apply for jobs in Aus, and I know that it would be an advantage if he could be there in person for interviews....

We are also having an 'Australian Wedding' on the 14th July because my family was not able to be there when we got married last June. We are keeping our fingers crossed that his application will be approved by then...so he can make his own wedding, part 2 :confused::confused::confused:!!!

We have been advised (by a migration agent - not Aus embassy) that my husband is able to enter the country on a tourist visa, make his own wedding and hopfully go to job interviews...but should be prepared to be questioned at Immigration in Sydney about INTENT of his visit. What should he say?? Will him visiting jeopardise his visa application?

He might also be asked to show a return ticket, and may have to go back to the US for an interview...I know that Aus Immigration does not like you to 'wait out' the spousal visa application time onshore also, when you apply offshore..We just didn't expect that I would be able to find work back in Aus so quickly....And we are trying to do the right thing.. we both want and need to work and stay together and minimise the time we spend apart! Will I need to be there for that interview back in the US with the Aus embassy?

I also understand that you have to be offshore when your visa is granted also...So we understand that he might have to return back to the US.

Does anyone have any experience with this sort of situation?

Should my husband wait until he has a case officer and explain our situation, or should he just come over and be prepared to return...Or just wait until his visa is gratned....We both want to minimise our time out of work both here in US and in Aus....I know that he could get a bridging visa if he came out to Aus on a tourist visa then applied again onshore for the spouse visa, but we want to avoid multiple applications..

PLEASE HELP?!!

Date of application: 23rd Feb 2012

Nationality:My husband is from USA (I am Australian) we got married June 2011 in USA

Visa type: Partner 309

Offshore/onshore: Offshore

Medicals submitted (yes/no): NO, waiting for request for submitted them...

Police check submitted (yes/no): Yes, FBI recevied March 15th 2012 State police check submitted with initial application.

Date CO assigned: ???

Date visa granted: ????
 

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Discussion Starter · #4 ·
Thanks Vyktoria, I understand about the medicals, we should just bite the bullet and get it down, we wasn't sure that it was NECESSARY for everyone, as it says on the Aus immigration website that it MAY be required....I wonder how long that the medicals are valid for, if we got one done in March, is it still valid in July?
 

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Discussion Starter · #6 ·
Thanks Aussie girl, it's good to know that someone else has done it also....
I am hopeful that he only has to go to NZ, but I have heard that you need to be offshore when it is granted....Not sure what that means, if they delay processing if they know that you are onshore....I have also heard about having to go back for an interview to the US...all speculation, so frustrating!
 

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Discussion Starter · #7 ·
Thanks Whatnext..

Just to clarify, we are actually married, and we applied for a spouse visa showing our marriage certificate...not defacto relationship..Just having second wedding because we didn't celebrate with our families the first time.

I agree I don't think that it is a good idea to mention job hunting on a tourist visa...I presume once he gets his spouse visa granted (hopefully in 4-5 months) he will have working rights....
 

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Discussion Starter · #9 ·
How long have you been with your husband? If 3 yrs or over you should qualify to go directly to permanent visa. If not he'll be granted a 2 yr temporary visa. He will get full work rights once that's granted.
We met and commenced our relationship Sept 2009, so it will be 3 yrs this Sept...I am not sure what you mean though by full working rights??

I understand some employers might be a bit more hesitant to employ someone that they think is only in the country temporarily but it is my understanding that once the temporary visa is granted, he has full working rights...
 

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Discussion Starter · #11 ·
Gotcha! It's definitely tough in Australia right now, I've heard real unemployment is close to 10% which sounds terrible....I'm glad that your husband has been able to find some work even if it's not what he wants to do..Thanks for your advice
 
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