Failed fiancee visa and where to now

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Failed fiancee visa and where to now


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Old 08-22-2009, 01:30 AM
 
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Failed fiancee visa and where to now

Morning all, I am a long time reader of this forum but first time posting as I really need help, guidance and assistance please.

I am an Aussie male citzen for 30 years+. In Jan 2008 my fiance and I were arranged marriage over the phone. We have spoken to each other regularly on the phone. We got engaged over the phone in November 2008.

We got an agent in Sydney to do all the leg work and he said that its fine to process a fiance visa without seeing each other as he has done them with all success.

The application was recieved by the Aus Embassy in Delhi via our agent in March 2009. Then in the month of May 2009 a letter was sent to the Immigration letter stating that it has been refused that we have never met. The agent said that he spoke to the embassy and they informed him verbally that someone complained about this application from India to the embassy. To me this is BS as there would be no complaint from anyone. This rocked us and it falls from there for both of us.

I then spoke to a immigration lawyer and he said that we had to meet due to the law. He also said that he can write a letter for $1100 stating that the agent stuffed up?

Anyway I am going to India next month to meet my fiancee.

My question is:

Can I still apply for a visa even when people said that if it fails you have to wait 6 months or 1 year or 2 years?

Also would it be ideal to apply for a fiance visa again?

Or we both get married there in India and then we apply after we got married when I am there?

Please help?


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Old 08-22-2009, 01:52 AM
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First thing I'd do Sarge is get it from the horse's mouth, ring immi yourself on 131881 and meanwhile tell the parasite scum what you could do for him for free! , like if someone in India has stuffed up or just fleeced you, what do you think a letter would do?

Once you've got good info from immi here including if there is a waiting time to applying again you'll be much better placed to talk to immi people yourself over in Delhi, meanwhile see if the Delhi guy actually has a name of who he spoke to.

It is possible that immi in Delhi may have refused because they made enquiries and discovered you had not met but that should have been in the application and if it was not, it was a false application.

I remember once reading in media a few years back that immi ended up granting a prospective marriage visa for people who had met on the internet but cannot remember if they then went on to meet, and it could initially have been a refusal on health grounds.

But inmy book, relying on agents is often fraught with danger and I'm a DIY guy.





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Old 08-22-2009, 02:26 AM
 
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I believe it states clearly on the immigration site that you need to have at least met to get the prospective marriage visa. I realize that it might be appropriate to do this in your culture, but in Australia the situation would be a bit strange. And I think the rule is to stop people who get married just so they can get a visa for Australia.

I wouldn't be paying agents or lawyers anymore money and just handle everything yourself.


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Old 08-22-2009, 02:51 AM
 
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Wandeerer and Mike, mates I will ring immi again and see what they have to say. Since we have started this agents and lawyers are just grabbing money left right and centre and playing on peoples weakness. These agents just milk money and not put in a proper application as they don't know what the relationship is really like, bloody paper pushers.

One the paper work received from Delhi doesn't indicate anything about a complaint from someone so my mom reckon its BS. Regarding meeting in person i found out that there was a court ruling in the federal high court: Minister for Immigration & Citizenship v Yucesan [2008] FCAFC 110 (20 June 2008)

I wont be using a agent or any lawyers anymore they just hopeless. I have spoken to a few and some even wanted $300 just to talk on the phone!

Question?

Would it be ideal and easier for us to gain a visa approval (even with one epic rejection)

1/ get the fiance visa and then get married in Australia
or

2/ We get married in India and then apply for the spouse visa?

It doesn't really matter if we get married in India and Australia just as long as we are together quicker and less restrictions and red tape.

Thanks again as I am feeling less dejected now.


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Old 08-22-2009, 06:06 AM
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There's been quite a few threads started over the past year on partner visas of one form or another, some having been completed and others a work in progress.

Some have been approved very quickly and others take longer but in common they have a story of getting all the information together to show good support for their applications and still there can be variation of processing times.

I doubt that even immi will comment on one way being quicker than another but at least being married will be a stronger display of the commitment they are seeking to see.





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Old 09-03-2009, 04:03 AM
 
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holy.................

i know this isn't helpful Sarge, but that completly sucks what happened to you.

Thanks for posting, if anything it will help others be more aware the risks involved with using an agent.


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