PMV and 309 Timeline for Washington, D.C. - Page 263

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PMV and 309 Timeline for Washington, D.C. - Page 263


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  #2621 (permalink)  
Old 05-22-2018, 01:17 PM
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Quote:
Originally Posted by rmbnv View Post
Hi all, i just wanted to get your opinion if you think my partnerís US status will be an issue to our 309 application.

My partner is currently under DACA and since there is no way that my partner can get me to live in the USA, living in Australia is the only way for us to be able to start a family hence we applied for the 309.

I know that there is somehow a Ďnegativeí connotation about someone who has DACA but i hope it doesnít affect my partnerís eligibility to live here in Australia with me.
that's a really good question. My gut tells me in the long run it might not matter, but then in the document upload screen it does ask for evidence of visas for the country your applying from (i think, from memory...) so.... who knows!? that's probably a good question for an agent. I think if you can prove the relationship is real, it may not matter in the long run... Good luck.


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  #2622 (permalink)  
Old 05-23-2018, 06:32 AM
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Originally Posted by Dannygolucky View Post
that's a really good question. My gut tells me in the long run it might not matter, but then in the document upload screen it does ask for evidence of visas for the country your applying from (i think, from memory...) so.... who knows!? that's probably a good question for an agent. I think if you can prove the relationship is real, it may not matter in the long run... Good luck.
Thanks for your input Danny! We provided my partner’s DACA authorization notice for that category. It’s basically a letter from homeland stating that my spouse can stay in the USA until expiry which is 2019. Thanks again. I guess we will just have to wait and see.


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  #2623 (permalink)  
Old 05-23-2018, 07:31 AM
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That document upload screen is incredibly generic. Just stick to the document checklist on the website as not everything listed in the generic upload page is relevant to your visa application anyway.

There is a question regarding overstays, visa cancellations, etc. But other than answering truthfully, I don't think you'd have to submit any actual visa information.


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  #2624 (permalink)  
Old 05-23-2018, 08:02 AM
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Originally Posted by Skybluebrewer View Post
That document upload screen is incredibly generic. Just stick to the document checklist on the website as not everything listed in the generic upload page is relevant to your visa application anyway.

There is a question regarding overstays, visa cancellations, etc. But other than answering truthfully, I don't think you'd have to submit any actual visa information.
Thank you Sky! For those questions we answered yes to Visa overstays and explained further on the box provided for reasons. We just wanted to give as accurate info as possible. We didn’t want immigration to think that we’re hiding anything.


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  #2625 (permalink)  
Old 05-24-2018, 05:43 PM
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Originally Posted by MJAus!2018 View Post
I love all your comments. I haven't added any comments of my own since my last post because about an hour after I sent it, I had a call with a migration agent (recommended to me from this forum) and it wasn't good news. Proving dependency for my adult son is becoming quite a nightmare for various reasons. Leaving him here in the US is not possible. He simply can't do it alone. I have guardianship of him and I couldn't live with myself if I left. With that being said, we have not given up. The agency is digging deeper, getting the advice from a migration attorney with more expertise, and giving me some homework to do. There is a possibility we will pull our 309 application (and take that financial loss), go over to Australia on our ETA's and lodge a new 820 application. At least, I may get a couple of years with my husband if they decide to deny our visas. If that happens then we will have to work on getting him to the US instead. (I can't quit crying!!)

I will update the list for this thread and if I delete my 309, somebody can take the list over. I hope you all have successful outcomes and soon. I really do!!!

very sorry to hear this MJAus , do you need to speak to an immigration attorney to help sort this issue out? Let me know - I know an excellent one who I'm very good friends with that I have used in the past and also have recommended highly to my friends. Based in NYC but services clients all over the country and overseas too I believe.

Hopefully you can find a resolution to this. Sorry to see you upset .


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  #2626 (permalink)  
Old 05-24-2018, 06:56 PM
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Unhappy

Quote:
Originally Posted by ronniedee View Post
very sorry to hear this MJAus , do you need to speak to an immigration attorney to help sort this issue out? Let me know - I know an excellent one who I'm very good friends with that I have used in the past and also have recommended highly to my friends. Based in NYC but services clients all over the country and overseas too I believe.

Hopefully you can find a resolution to this. Sorry to see you upset .
Interesting that you posted just now, because I am currently looking over form 1446, so I can withdraw my application. I was going to ask in a separate thread if anyone has had experience with filling out this form because I have a few questions. Feel free to send your friend's information though. We need all the help we can get.

Update on our situation:
We have been in a very dark place over the last week. I think (with the help of the migration agency) we have come to the conclusion that our only chance for a grant is to get me and my kids onshore and lodge again. Even with that, it seems to be a slim chance. I still have this nagging in the back of my mind that maybe we should get another opinion, but even if we do, that will be the fourth opinion (1 favorable, 2 unfavorable at the moment and then who do we believe???? - keep reading, I explain this). At this point, I'm not sure if my 309 is salvageable. The frustrating thing is that we laid out all this information to a migration attorney (paid him $1000 too) before we lodged last year and he felt we had a good chance for a visa grant. With that information, we lodged on our own. Now with this second opinion, Australian law is being quoted to us that seems to indicate we are not proving dependency in my adult son which seems to be contradictory to what is posted on the Home Affairs website, specifically the Child Migration booklet that was updated in July 2017. To make sure they were interpreting the law correctly, this migration agency decided to asked someone with more experience with this and they came to the same conclusion that we would most likely not be granted our visas due to not proving dependency. We thought that because he was mildly intellectually disabled that he was not subject to being "wholly" or "substantially" financially dependent on me (see below). Apparently, that is not the case. I won't get into too many specifics here, but the problem is that he does get a survivor's benefit monthly due to his disability that I am appointed to administer.--(By the way, he passed his medical check although he may still have to get a health waiver)-- I think we have a very rare case and I doubt that any case officer has seen a situation like ours. That means we will most likely get to appeal to the AAT if we ever get that far.

This is the paragraph we read in the Child Migration booklet (see the last sentence I underlined).

Child 18 years of age or over at time of lodgement of application
If 18 years of age or over the child must be:
• a natural (biological) child of the Australian parent; or
• an adopted child or a step-child of the Australian parent within the meaning of the Migration
Act 1958; or
• a child conceived through an artificial conception procedure (ACP) as provided for in the Family Law
Act 1975; or
• a child born under surrogacy arrangements, where parentage has been transferred by court order
under a prescribed state or territory law.
The above requirements are the same as those for a child under 18 years of age. However, because
a child 18 years of age or over is considered to be an adult under Australian law, there are additional
requirements. These are that the child must be:
• under 25 years of age (not yet turned 25);
• financially dependent on the sponsoring parent (see page 16);
• a full-time student (see page 16); and
• unmarried, not engaged to be married and not in a de facto partnership relationship.

Where the child has a disability that prevents them from working, the above requirements relating to age,
financial dependency and study do not apply, but the child must not be in a relationship.


My husband pointed out last night that the wording that I just quoted is referring to the sponsor or Australian parent and never to me, the biological parent...meaning it's a lot harder to be financially dependent on someone if you aren't living in the same country, so we should have pursued an 820 all along assuming that was what the Australian government intended by that verbage.

I have put my children through so much with this. This yo-yo and waiting period has been so hard on them, especially my daughter. I'm not sure if I can convince them to go now. My heart is breaking because my husband needs to spend the next 4 years in Australia so he can collect an early pension before he attempts to come to the US and stay (a horrible alternate plan if we have to live apart in the interim); otherwise, he collects nothing until he is 60 if he moves now. Love does not cut through the red tape of our governments unfortunately. The older you get the more complicated your life becomes. I am envious of you young couples that have simple applications. Be grateful that you aren't in our position and be patient.

Well, I guess I've droned on long enough and congrats if you read my whole post. Now I want to go in the corner and cry my eyes out.

Molly

__________________
Visa: 309/100
Application Lodged: 6 Nov 2017
Location: USA
Medical Checks Submitted: 6 Nov 2017
Police Checks Submitted: 7 Nov 2017 (FBI); 20 Mar 2018 (State/Local)
Contact from CO: 9 January 2019
309 Granted:
14 January 2019

Last edited by MJAus!2018; 05-24-2018 at 07:38 PM. Reason: edited

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  #2627 (permalink)  
Old 05-24-2018, 07:08 PM
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Hi MJAus, I'm really sorry about your situation.I can only imagine how difficult it must be. I'm not sure if I understand the circumstances completely, but the sentence you highlighted states that if the child has a disability that prevents them from working then you don't need to prove any financial dependency on the sponsoring parent, they just cannot be in a relationship... I hope you can find some solution. Good luck to you.

__________________
309/100
Lodged from USA 29th January 2018
Police Clearances submitted: April 2018
Medicals requested: January 2019
Medicals submitted: February 2019
309 and 100 Granted!!!: April 11, 2019
Entry by June 28, 2019

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  #2628 (permalink)  
Old 05-24-2018, 07:15 PM
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Ozbound3, what you just stated is why we thought we would be fine lodging the 309, but we are being told that Australian law says we still need to prove his financial dependency despite his disability. This sentence should not be in the Child Migration booklet if it is not true. There should be some sort of warning statement that says when dealing with disabled children, the laws are complicated and have a recommendation for a registered migration agent/lawyer.

__________________
Visa: 309/100
Application Lodged: 6 Nov 2017
Location: USA
Medical Checks Submitted: 6 Nov 2017
Police Checks Submitted: 7 Nov 2017 (FBI); 20 Mar 2018 (State/Local)
Contact from CO: 9 January 2019
309 Granted:
14 January 2019

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  #2629 (permalink)  
Old 05-24-2018, 08:51 PM
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Ohhhh ok. Wow that is incredibly frustrating. It's all just BS bureaucracy and what this whole process puts so many families through is just awful.

__________________
309/100
Lodged from USA 29th January 2018
Police Clearances submitted: April 2018
Medicals requested: January 2019
Medicals submitted: February 2019
309 and 100 Granted!!!: April 11, 2019
Entry by June 28, 2019

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  #2630 (permalink)  
Old 05-24-2018, 11:11 PM
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Personally, I would not withdraw your application. Let the CO decide whether or not to grant the visa. At the moment, you don't know if they will or won't. Most likely, they will contact you if they don't plan to grant the child's visa and you can withdraw then if that's the case but don't give up hope when you don't know what the outcome may be! COs can be very unpredictable.


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