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Discussion Starter · #1 ·
Hi All

I am an Australian in love with a US citizen. We are both waiting for our divorces to come through before we can apply for a potential marriage visa.

I am planning to visit the US in June for a holiday before bringing my finance (at that point) and her daughter home with me in July.
As there seems to be wildly different timelines for visa approvals I am considering contingencies if the timelines stretch. I was wondering if anyone knew if it was likely that she would be approved for a 3month holiday visa once a potential marriage visa was applied for. I understand she would probably need to travel back to the US to finalise the visa.

Open to ideas and options at the moment.

Cheers. :)
 

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People do get tourist visas or ETAs whilst another visa is being processed and it could be that your partner and her daughter would only need to travel as far as Nz or somewhere in Asia or the Pacific rather than all the way across to have the PMV granted.
She may not know it but getting an FBI check alone can take 10-12 weeks and as there is a child involved, agreement from the other parent is necessary in a legally acceptable format and you yourself will need a police check as part of being a sponsor.
 

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Discussion Starter · #3 ·
People do get tourist visas or ETAs whilst another visa is being processed and it could be that your partner and her daughter would only need to travel as far as Nz or somewhere in Asia or the Pacific rather than all the way across to have the PMV granted.
She may not know it but getting an FBI check alone can take 10-12 weeks and as there is a child involved, agreement from the other parent is necessary in a legally acceptable format and you yourself will need a police check as part of being a sponsor.
Thanks so much wanderer, that is quite a relief to read.
A lawyer is handling the child involvement but we will make sure that the required court paperwork is present and accounted for.

I was aware of the FBI and state checks for her and the AFP check for myself.
Do you know if we need to wait until her Case Officer (CO) asks for these or can we ask for them ourselves prior to the Visa application?
 

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Hi there,

Generally, police checks should be submitted with the application, so organising for these to be done ASAP is a good idea.

It is usually only medical checks that are submitted after application when requested by your case officer. I would check the website of the embassy you plan to lodge the visa at just to make sure :)
 

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Discussion Starter · #5 ·
Just an update. Things are obviously taking a bit longer than I would have liked with the divorces and things so I just wanted to see what you all thought and whether I am on the right track.

My divorce should be finalised by the end of this month (The court has granted divorce).
My future partners divorce should be granted by the end of the month also.

I am planning on flying to the US during the 2nd week of June and hopefully returning with my future partner and her daughter to Australia around the 2nd week of July.

Given that I will only have around a week between when our divorces are finalised and when I fly out I would hope to start the PMV paperwork during that week. And hope they ask for a medical between then and when we fly out from the US. I also need to get a marriage date in Australia for the paperwork I understand. Our police checks have been completed and come back fine.
My AFP check and her state and FBI checks.

Since there is basically zero chance of a Visa being granted in the timeframe given (2nd week July) and we are planning on coming back to Aus together she will need to apply for a tourist visa at some point.
When would you suggest this be requested and what type? 3 month or 6 month. (or 12 month). Would Customs be extra suspicious if they are both carrying two suitcases? What would they say if questioned?

Should we just get married in Australia and go down that route now?

Sorry for all the questions and the long post, this has been a very stressful time and now that things are getting closer the pressure is building even further. Anyway. I hope you can offer some advice and I am so looking forward to being able to put all of this behind us and starting our new lives together.
 

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Discussion Starter · #6 ·
A few quick questions hopefully someone can answer.

If a PMV is requested in Washington in June and my american partner decides to come to Australia in July
1. What tourist visa should she apply for. Want to be sure it doesn't say "No further stay" on it.
2. Would I be right in thinking we should purchase return tickets for her (and child) to prevent customs turning them around?

She is going to call the embassy in Washington tomorrow explaining the scenario to see what advice they can give also.
 

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Hi there,

If your partner applies for the PMV in the States, she can't be in Australia when it's granted. So, she can still get a tourist visa to visit Australia while she waits, but she would have to go offshore again when the PMV is granted, then come back into Australia to get married and apply for the spouse visa onshore.
 
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