onshore or offshore, spouse/partner or tourist? - Page 2

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onshore or offshore, spouse/partner or tourist? - Page 2


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  #11 (permalink)  
Old 03-05-2010, 07:25 PM
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I am planning to apply for the subclass 309 partner visa.. my husband is in Australia on PR visa.

Edit: Nirali,

Some people do make tagalong posts such as yours and yes I've let them do that at times, especially where the OP is near the end of their exploration but it can make threads a bit messy re responses to more than one poster.
Thus, I'm going to draw more lines in the sand so please use the New Thread button you'll find at top left and start another thread.
Also, please do not post an email address and rely on the forum or if another poster wishes to PM you they may, but there can be some restrictions re PMs until a poster has 5 posts up.


Last edited by Wanderer; 03-05-2010 at 11:52 PM.

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Old 03-05-2010, 11:46 PM
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Quote:
Originally Posted by sandy View Post
Thank you, again. I believe we'll need to apply for the Prospective Spouse visa, our only delay there is that he will not be impediment free until the start of June. That's the point at which we had hoped to at least be able to travel to Oz on the ETA visa and go from there. Or have all of our paperwork and application ready to apply offshore in June and then travel on the ETA visa to be together. The date of us getting married can be whenever, it's the being together that we're aiming for. Can we apply offshore for the prospective spouse and then have me come as tourist. Or can I only have one visa applied/active at a time? That was why we considered marrying here in June, but then .. *sigh* We thought of the 12 month tourist visa, but that required about a thousand dollars per month in savings and we just don't have that much saved.
Sandy,
If you're going to do the PMV, has Aussie guy checked whether it'll actually be illegal for a Celibrant to make a booking before his divorce is finalised [ Checked and can be done - see next post ] and if not perhaps you may be able to get your application in ASAP and get your state police/FBI checks and medicals underway right now so that they are on the way or you may even have them if ready to submit an application by the end of the month say, or close to it.
Aussie guy will need to get organised and approach a celebrant/minister as soon as he can re having a letter for a tentative marriage date [ a celebrant may be more flexible in just establishing a date with no commitment because of the legality ] and fill in his sponsor form.

Seeing as there is a child involved, you will also need to have an official document re right for the child to be taken out of the US, other parent consent/court order and whatever else for legalities in the US.
I think you'll find a reference on the US State Department site.
At the same time here in Australia, Aussie guy will need a police check in accordance with child welfare requirements.

But they are all things that the process can be started for and perhaps it pushes back documents being ready by a month or so.

If you want to get the PMV in earlier, at least the sponsor form will be required and you could check with the Oz immigration embassy people in Washington [ also a consulate in LA I think ] as different locations can have their own processing variations but it could be OK to have submission while the other documents come [ including a later notice re intent to marry date if need be ], usually the case with medicals and police checks or not doing anything until requested but getting them organised will just help to fast track, the aim being to have the PMV coming up for approval sometime around June.

You can only have one active visa but you can also have an application in whilst using another visa but if you get all organised, have the PMV application in and travel on an ETA, make sure your travel advice is also forwarded [ to the CO if one already appointed ] with reference to a file number you should get once the application is lodged/fee paid.

You may find if you can get it in earlier [ and dependent on the other documents ] that a PMV could be ready for granting shortly after getting an ETA and travelling, so that's going to be a bit of a pain, having to trip back out of Australia.

I'd certainly be cautious about leaving [ or attempting to ] the US until you have the child leaving legality sorted and if that is still in process, it could hionder departure plans on an earlier ETA or if there are other issues you may find you need to be in the US to deal with those.





Last edited by Wanderer; 03-18-2010 at 12:39 AM.

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Old 03-06-2010, 07:44 AM
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Sandy, separate reply for something of importance.
Seeing as you're not the only one in a hurry to get married, did a little digging and it would seem an application to get married can be lodged before a divorce is finalised.
Ginny Bydder Civil Celebrant - Marriage Celebrant in Albury Wodonga and the surrounding area and
Quote:
3. If you are currently seeking a divorce

You can lodge a Notice of Intended Marriage Form with a marriage celebrant prior to your divorce proceedings being finalised. However, celebrants will ensure that they take note of the date when the decree becomes absolute as a marriage can only take place after that date. The marriage cannot be performed until the divorce is finalised. As from 1 July 2002, the Family Court and Federal Magistrates Court ceased issuing separate documents for a decree nisi of dissolution of marriage and a decree absolute. They now issue a document headed "Certificate of Divorce" which contains the date of both the decree nisi and the decree absolute. This certificate is evidence of divorce for the purposes of solemnising a marriage (see section 42(10)). If you were divorced prior to that date you will need to show the celebrant a copy of the decree absolute.
I would hope that Ginny knows her stuff.





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  #14 (permalink)  
Old 03-18-2010, 12:36 AM
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And another aspect you may not have picked up either Sandy is that with a PMV it is nine months from date of grant and not arrival in Australia that you need to be wedded.





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