Spouse Visa after marrying in the US

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Spouse Visa after marrying in the US


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Old 02-28-2013, 11:58 PM
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Spouse Visa after marrying in the US

My girlfriend is coming to the US later in the year and we plan on getting married while she is here visiting. I am wondering how hard it will be to get a Spouse Visa once we are married and what the typical wait time is for it to be approved. We are both in our lower 40s and I have a Military Pension (retired military), not sure if any of that really matters but thought I would include it in case it does have a factor.

She will be returning to Australia once we are married because she has a good job there and isn't looking to migrate to the US. I will be staying here in the US for a little while to get my paperwork started for my Spouse Visa and to wrap up things here in the US while waiting for approval.

Also, what are my options while I am waiting for my spouse Visa to get approved? Will I be able to apply for a Visitors Visa to visit her while I am waiting for the Spouse Visa to be approved?

Thanks for any guidance in this.


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Old 03-02-2013, 11:33 PM
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How long have you know eachother? Have you ever lived together? Applying offshore....subclass 309


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Old 03-03-2013, 01:35 AM
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Originally Posted by JohnK View Post
what the typical wait time is for it to be approved. Minimum is around 5 months, maximum is over a year We are both in our lower 40s and I have a Military Pension (retired military), not sure if any of that really matters but thought I would include it in case it does have a factor. Being ex military is something that immigration wants to know about

She will be returning to Australia once we are married because she has a good job there and isn't looking to migrate to the US. I will be staying here in the US for a little while to get my paperwork started for my Spouse Visa and to wrap up things here in the US while waiting for approval. If you have the time then perhaps you should look at getting a PMV 300 rather than getting married and applying for the 309

Also, what are my options while I am waiting for my spouse Visa to get approved? Will I be able to apply for a Visitors Visa to visit her while I am waiting for the Spouse Visa to be approved? I came to Australia on an ETA whilst awaiting approval for our 309, I must leave the country when they are ready to apply, I am planning a trip to NZ

Thanks for any guidance in this.
Since you are not yet married I think you should look into the prospective marriage visa. You must apply for it offshore and when it is granted then you could if you wanted to marry in the USA, travel to Australia to activate the visa and then return to the US to marry. After marriage you can travel back to Australia and apply for the 820 onshore partner visa.

The PMV 300 requires less evidence than the 309. Just being married is not enough to guarantee it will be granted.


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Last edited by kttykat; 03-03-2013 at 01:41 AM.

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Old 03-03-2013, 02:45 AM
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To apply for a de facto visa you must e living together for at least 12 months, but this period can be waived once you guys get a marriage certificate. My suggestion would be you come to Australia in "whatever" visa you can. Once you here , both of you go to DIAC and apply for a de facto visa. You have to pay a fee and you guaranted a bridging visa while you wait for your permanent visa. Easy as.


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Old 03-03-2013, 07:15 PM
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Originally Posted by tookie View Post
How long have you know eachother? Have you ever lived together? Applying offshore....subclass 309
We have known each other for almost 2 years, but no we have not lived together since I had to finish out my military career and her career is there in Australia so as far as I can tell we can't get that Visa because we don't have the required 12 months of living together. This is why we want to get married next time she visits the U.S. to hopefully get the 12 month requirement waived since we will already be married.


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Old 03-03-2013, 07:17 PM
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To apply for a de facto visa you must e living together for at least 12 months, but this period can be waived once you guys get a marriage certificate. My suggestion would be you come to Australia in "whatever" visa you can. Once you here , both of you go to DIAC and apply for a de facto visa. You have to pay a fee and you guaranted a bridging visa while you wait for your permanent visa. Easy as.
You are saying after we are already married correct? Just go to Australia on possibly a Visitors Visa and while there take the marriage certificate to immigration and apply for the bridging visa correct?


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Old 03-03-2013, 07:20 PM
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Originally Posted by kttykat View Post
Since you are not yet married I think you should look into the prospective marriage visa. You must apply for it offshore and when it is granted then you could if you wanted to marry in the USA, travel to Australia to activate the visa and then return to the US to marry. After marriage you can travel back to Australia and apply for the 820 onshore partner visa.

The PMV 300 requires less evidence than the 309. Just being married is not enough to guarantee it will be granted.


Kttykat
How does the 12 month living together play into all of that? Because we have not lived together and have seen very little of each other because of my finishing up my military career and her career being over there. Don't we still need the 12 month living together time to apply for the prospective marriage visa? Or am I reading that wrong? We are just thinking that it would be easier to marry here and then apply for the spouse visa, but I could be completely wrong.


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Old 03-03-2013, 07:58 PM
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How does the 12 month living together play into all of that? Because we have not lived together and have seen very little of each other because of my finishing up my military career and her career being over there. Don't we still need the 12 month living together time to apply for the prospective marriage visa? Or am I reading that wrong? We are just thinking that it would be easier to marry here and then apply for the spouse visa, but I could be completely wrong.
No, the prospective marriage visa does not require you to have lived together at all first.

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Old 03-04-2013, 01:43 AM
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Quote:
Originally Posted by davidsilva View Post
To apply for a de facto visa you must e living together for at least 12 months, but this period can be waived once you guys get a marriage certificate. My suggestion would be you come to Australia in "whatever" visa you can. Once you here , both of you go to DIAC and apply for a de facto visa. You have to pay a fee and you guaranted a bridging visa while you wait for your permanent visa. Easy as.

This isn't true. If you apply as de facto couple, onshore or offshore, you'd be assessed on the evidence at the time of the application - you have to fulfill the requirements at the time of the application and in your case it seems you don't have enough evidence.

The only waiver to a 12-month requirement is registering the relationship, or of course marriage itself.


Quote:
Originally Posted by JohnK View Post
We have known each other for almost 2 years, but no we have not lived together since I had to finish out my military career and her career is there in Australia so as far as I can tell we can't get that Visa because we don't have the required 12 months of living together. This is why we want to get married next time she visits the U.S. to hopefully get the 12 month requirement waived since we will already be married.
That's a good plan, but again there's a question of evidence. Do you have enough evidence in all four categories to prove your relationship is ongoing, exclusive and genuine?

By the way, have you read the Partner Migration Booklet ? It explains everything about the process, differences between visas, evidence etc.

If you don't have enough evidence, it would be better to apply for a prospective marriage visa.

Quote:
Originally Posted by JohnK View Post
You are saying after we are already married correct? Just go to Australia on possibly a Visitors Visa and while there take the marriage certificate to immigration and apply for the bridging visa correct?
This will work, but again - only if you have enough of other evidence (in four categories, check the booklet!) to prove your relationship is genuine and ongoing.

Despite the marriage certificate you need to presents lots of evidence.

Quote:
Originally Posted by JohnK View Post
How does the 12 month living together play into all of that? Because we have not lived together and have seen very little of each other because of my finishing up my military career and her career being over there. Don't we still need the 12 month living together time to apply for the prospective marriage visa? Or am I reading that wrong? We are just thinking that it would be easier to marry here and then apply for the spouse visa, but I could be completely wrong.
It's not easier, because it's a question whether you have enough evidence (besides your future marriage certificate). It'd be better to apply for a PMV, then you'd go to Australia (to validate the visa), marry in Australia and that's it. Then you'd apply for a partner visa onshore, but of course you just pay the second installment, not the whole price for a partner visa (cause you'd have paid for a PMV already).


As a forum user and somebody who went through this process myself, I see the following options:

- you stay in the USA for now, you apply for a PMV, you still present as much evidence you find, you're granted PMV, fly to Australia, get married, apply for a partner onshore 820 visa and enjoy the sun and the waves...

- you fly to Australia on the ETA visa, you can stay up to three months max, you register your relationship (if it's possible, depends on the state) or you get married, and towards the end of those three months you apply for a partner visa; bridging visa A is granted automatically once your ETA expires; this plan is good because you can be with your partner, but risky cause you'd have only three months of good evidence; so it all depends on the evidence you have from all the time you've been together; check the categories of evidence and see what evidence you can find...

- you stay in USA, you get married when your partner comes to visit you, and you apply for a 309 partner visa; afterwards you can fly to Australia on ETA if you want to leave USA, but you won't be able to work or anything; you'd be a tourist until the decision is made and you would have to fly abroad (Bali or New Zealand) for your visa to be finalised and granted; there's also a question of evidence again, would you have enough evidence in all four categories?


Although you're apart at the moment, you can still work on your evidence now; your partner can name you as her superannuation beneficiary straight away and that's great evidence...

In my humble opinion, PMV is a good choice, besides your partner has plans to come to USA and you don't have to leave USA urgently...

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Old 03-10-2013, 08:16 PM
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This isn't true. If you apply as de facto couple, onshore or offshore, you'd be assessed on the evidence at the time of the application - you have to fulfill the requirements at the time of the application and in your case it seems you don't have enough evidence.

The only waiver to a 12-month requirement is registering the relationship, or of course marriage itself.




That's a good plan, but again there's a question of evidence. Do you have enough evidence in all four categories to prove your relationship is ongoing, exclusive and genuine?

By the way, have you read the Partner Migration Booklet ? It explains everything about the process, differences between visas, evidence etc.

If you don't have enough evidence, it would be better to apply for a prospective marriage visa.



This will work, but again - only if you have enough of other evidence (in four categories, check the booklet!) to prove your relationship is genuine and ongoing.

Despite the marriage certificate you need to presents lots of evidence.



It's not easier, because it's a question whether you have enough evidence (besides your future marriage certificate). It'd be better to apply for a PMV, then you'd go to Australia (to validate the visa), marry in Australia and that's it. Then you'd apply for a partner visa onshore, but of course you just pay the second installment, not the whole price for a partner visa (cause you'd have paid for a PMV already).


As a forum user and somebody who went through this process myself, I see the following options:

- you stay in the USA for now, you apply for a PMV, you still present as much evidence you find, you're granted PMV, fly to Australia, get married, apply for a partner onshore 820 visa and enjoy the sun and the waves...

- you fly to Australia on the ETA visa, you can stay up to three months max, you register your relationship (if it's possible, depends on the state) or you get married, and towards the end of those three months you apply for a partner visa; bridging visa A is granted automatically once your ETA expires; this plan is good because you can be with your partner, but risky cause you'd have only three months of good evidence; so it all depends on the evidence you have from all the time you've been together; check the categories of evidence and see what evidence you can find...

- you stay in USA, you get married when your partner comes to visit you, and you apply for a 309 partner visa; afterwards you can fly to Australia on ETA if you want to leave USA, but you won't be able to work or anything; you'd be a tourist until the decision is made and you would have to fly abroad (Bali or New Zealand) for your visa to be finalised and granted; there's also a question of evidence again, would you have enough evidence in all four categories?


Although you're apart at the moment, you can still work on your evidence now; your partner can name you as her superannuation beneficiary straight away and that's great evidence...

In my humble opinion, PMV is a good choice, besides your partner has plans to come to USA and you don't have to leave USA urgently...
Thank you, and it looks like my most pressing thing is the evidence, no matter what route we take. We have very little because we have not been able to travel to see each other but a very limited amount of time. And if I understand you correctly you are saying that marriage in and of itself is pretty useless without the evidence. She did mention that she was planning on naming me as her superannuation beneficiary and I would do the same if we had that option with our Social Security. But obviously we have to find more ways to prove a true relationship which isn't easy considering our current situation.

So with that being said, which of the options you listed would you most HIGHLY recommend for us. The ETA one for 3 months and getting married sounds like we won't have enough proof, so I am scratching that one. We can't register our relationship since WA doesn't offer that option so that is out. I think I am leaning towards the applying for a PMV but again, their is the lack of proof. We are really stuck it looks like. I don't know how they expect anyone to prove a relationship when there is only so much you can do when you live in separate countries. I have looked over the booklet and it's near impossible to meet any requirement it looks like.

Open to any and all suggestions. Thanks again


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