Partner Visa - USA spouse

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Partner Visa - USA spouse

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Old 06-08-2018, 11:19 AM
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Partner Visa - USA spouse

Hi all, hope you're well,

I've read a few posts on here that are similar to my current situation and I'm very thankful I was introduced to this forum - I have learned much. But to ease myself, I hope it's OK for me to ask just to be sure as anxiety does get to me at times:

Long story short: I'm in a long distance relationship with a girl in the USA who has a 4yr old girl from her previous marriage (all paperwork, etc for the child is taken care of, so not too worried there and immigration told me a letter from the father will suffice as additional proof). I've been there twice so far, once for about 5wks and once for about 6 or 7wks roughly a year apart about 3yrs ago - still have the boarding passes and even the luggage tags + hotel receipts + a long chat history + facebook messenger phonecalls almost daily for a year.

I'm hoping to bring her here for a holiday in August/September this year. I won't lie, we do intend to get married and she wants to live here. I thought that since 1 month notice is required before marriage, she can live here for a month in a place I'd have rented out and see if things go well with us before jumping into marriage, just to be safe and for her to be sure. I was told by friends that she can come on a holiday visa with little one and if things go well between us we can apply for a partner visa after we get married here, so that she can stay during the approval process.

Is this correct, or are friends getting my hopes up? If correct, could I get them 1-way tickets to come here or do they have to be return tickets? Also, finally, if this is the case, is she allowed to work during approval period of a partner visa, or does that require a different visa approach?

I do apologise for the wall of text above and I also apologise if this question has been asked before and I've missed the thread. The 3 of us thank you in advance for any advice you can share and may you all have a great and safe long weekend

- Maher

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Old 06-08-2018, 11:35 AM
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From what you have stated, you would not have enough evidence to successfully support a partner visa application. I suggest you read through the various posts on the forum and note the type of evidence that successful applicants have provided. Your friends have mislead you. Getting married counts for naught, in fact it can restrict your choices.
Your are however a candidate for a Prospective Marriage Visa, I think it would be best that you have an initial consultation with one of the Registered Migration Agents, listed in the " Sticky" at the top of the Forum topics, they will be able to assist you in planning a suitable strategy.


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Old 06-08-2018, 12:16 PM
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Thanks for the reply Steve. I've been reading more posts and will keep doing so. I'll also let the lovely friends of mine know they were very wrong. I thought that the prospective marriage visa would fit my situation better, but I'd still like for her to visit here at least and if there's a way for her to extend her stay and build up financial evidence between us, etc, it would be great. Thanks again, and I'll do some more digging on here and keep the sticky in mind

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Old 06-08-2018, 09:33 PM
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Friends and relatives are usually the worst possible people to take advice from in matters like this. They are emotionally involved, biased towards you and lack independent, professional knowledge of the requirements. Of course they want to help you and they have the best of intentions, but may end up encouraging you to act against your own best interests. They may also be telling you what you want to hear instead of what you should be hearing: a realistic appraisal of your options.

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Old 06-08-2018, 10:45 PM
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The way you wrote - it reads as you have not lived together at all but have visited her twice.

That almost alone, excludes you from a Partner Visa. Other than the mention of friends knowing of the relationship and some message history, you don't seem to have much relationship evidence.

You would be best to consult a RMA and formulate a plan, you will also need to consider the education of the child in your plan/s.

From the little info we have it seems you have 2 main options.
One as mentioned is the PMV (Prospective Marriage Visa) - This it seems you could apply for now, but it is an offshore application and could take around a year to process. They could visit Australia on say an ETA for the process period but no working and 3 months stay periods, a max of 3 months study (you pay full cost). After the grant of the PMV you then need to get married within 9 months and apply for the Partner Visa - at this stage they get work and study rights.

The second is to actively collect relationship evidence either in Australia or in the USA (maybe a working holiday visa for you), this would take some time and I assume several trips and doing things such as relationship registration, listing your partner on tax returns, insurance policies and so on. After some time a Partner Visa 820 could be applied for and then full work and study rights would be had when the Bridging Visa kicks in.

Just don't get married until you understand your options. Also there are some changes talked about that may exclude some options or make them harder to comply.

I think you can safely plan on a fee increase very soon also.

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