Doing Medicals before asked for

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Doing Medicals before asked for


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Old 05-03-2010, 04:27 PM
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Doing Medicals before asked for

Hi,

I am an Indian national, currently working in the US and my husband is an australian citizen. My husband submitted the application for my visa onshore in Sydney in March 2010, but so far, we havent even been assigned a CO. The consulate told my husband that there are some new visa rules to be released on 30 April 2010 and that is delaying my visa process.

My questions:

1) We have not submitted my medicals and police clearance with the original application. Should I proactively keep my medical reports ready? My husband was told that the medicals should be done only once they ask for it, and that it may not be considered valid if we do it before hand, and we may be asked to do it again. Is that correct?

2) I have stayed in US for more than 12 months ( not simultaneously) and hence am expecting that I will be asked for a police clearance certificate from the US too. I have a local police station clearance certificate that is duly notarized. Do I have to get one from the FBI too? Do I wait for them to ask me this or do I proactively apply for the FBI clearance certificate, since it takes around 13 weeks to process?

Appreciate your inputs..

Thanks..


Last edited by sappy; 05-03-2010 at 08:34 PM. Reason: Additional questions

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Old 05-04-2010, 06:55 AM
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Quote:
Originally Posted by sappy View Post
Hi,

I am an Indian national, currently working in the US and my husband is an australian citizen. My husband submitted the application for my visa onshore in Sydney in March 2010, but so far, we havent even been assigned a CO. The consulate told my husband that there are some new visa rules to be released on 30 April 2010 and that is delaying my visa process.

My questions:

1) We have not submitted my medicals and police clearance with the original application. Should I proactively keep my medical reports ready? My husband was told that the medicals should be done only once they ask for it, and that it may not be considered valid if we do it before hand, and we may be asked to do it again. Is that correct?

2) I have stayed in US for more than 12 months ( not simultaneously) and hence am expecting that I will be asked for a police clearance certificate from the US too. I have a local police station clearance certificate that is duly notarized. Do I have to get one from the FBI too? Do I wait for them to ask me this or do I proactively apply for the FBI clearance certificate, since it takes around 13 weeks to process?

Appreciate your inputs..

Thanks..
Is it a partner visa application Sappy for if so the first thing that could throw the system off balance a little is that Immi may have expected the application to be lodged offshore, you being the applicant of course.
Partner Visa: Offshore Temporary and Permanent (Subclasses 309 and 100) and if it is the partner visa I assume it is the 309/100 applied for.

There are some new developments in process re Immi regulations and some info was expected by 30 April but that has been delayed, though they are related to skilled visas and not partner visas.
However, consulate people could expect that all Immi people may be doing some training on them which will may just slow things down for all visa processing.

Your husband may want to followup on just where the visa will be processed for partner visas of applicants overseas would normally be handled overseas and thus the lodgement in Sydney may complicate communications and perhaps if possible it would be best for it to be sent back over to the US.

In any case for overseas visas it is normal to wait until requested by a CO to arrange medical and penal clearance certificates.
Some people do arrange medicals in advance and the only real risk is if a visa was so held up, the 12 months validity expired.

In theory, the requirement for an overseas clearance is applicable where you have been in a country for 12 months or more, it not being specified re split stays but it is also up to the discretion of the CO.
For the US, a FBI clearance is required in addition to state police for residents, details on the PCC link on Character Requirement - Applications & Forms

You and hub would be well advised to have a good read of all info on the Immi site, including the Booklet #1 re what kind of supportive evidence you need to provide.





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Old 05-05-2010, 02:16 AM
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Hey Wanderer,

Thanks for your inputs. My husband has been following up with the consulate, but they arent giving him any reply.

Regarding the case being transferred to offshore, will they do it by themselves? or will we have to lodge another application from US? Another challenge is that I can stay here in US only till Sept'10 and will have to go back to India after that. My worry is that if my visa isnt approved till Sept, then it will mean another round of transferring the case to India and so on. I am freaking out, thinking that I may not be able to see my husband before Dec 2010, when he visits India (and I have not seen him since Jan 10) !!!

Can you suggest me something? Thanks a lot for your help.


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Old 05-05-2010, 04:12 AM
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Quote:
Originally Posted by sappy View Post
Hey Wanderer,

Thanks for your inputs. My husband has been following up with the consulate, but they arent giving him any reply.

Regarding the case being transferred to offshore, will they do it by themselves? or will we have to lodge another application from US? Another challenge is that I can stay here in US only till Sept'10 and will have to go back to India after that. My worry is that if my visa isnt approved till Sept, then it will mean another round of transferring the case to India and so on. I am freaking out, thinking that I may not be able to see my husband before Dec 2010, when he visits India (and I have not seen him since Jan 10) !!!

Can you suggest me something? Thanks a lot for your help.
I would have thought it was going to be a simple enough situation re your husband following up and perhaps he needs to be a bit more persistent and open about it if need be, ie.
. he should at least be attempting to contact again the person he submitted it to in person if he took it to the consulate or an Immigration office.
Whereas Australian Immi officers are located in embassies and consulates overseas, I'm not too sure if that is the case in Australia and possibly not for there are quite a few offices about Australia.
If he has a definite contact person re the above, he should be seeking to question the correctness in he lodging your application in Australia and express the concern of what will now happen to it and your situation re only able to stay in the US until September.
That in itself is not a real great issue for you'll still be offshore but of course if they had any queries re your background in India, having the visa processed here or in the US may just cause the process to be lengthened.
I assume of course you also got an Indian PCC to put in with the application.

. Regardless of how your husband submitted it, it is best he does pursue what may happen whatever way possible and if that means he has to head into the nearest Immigration office to make enquiries, so be it.
Departmental Offices

At least you'll know it is to be processed and it could even be that they will still process it here for the process for an onshore visa is much the same for an offshore one.

.





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Old 05-06-2010, 08:17 PM
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Hi Wanderer,

I found on the australian embassy website for US .. that an australian tourist visa takes only 15 days to process. I was thinking of applying for a tourist visa, and mention in the application that we have applied for a spouse visa too, and this tourist visa is only for a quick visit or something like that. Do you think they will grant me a tourist visa, when I have already applied for a spouse visa? Will this further delay or affect my spouse visa in any way?


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Old 05-07-2010, 02:34 AM
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Originally Posted by sappy View Post
Hi Wanderer,

I found on the australian embassy website for US .. that an australian tourist visa takes only 15 days to process. I was thinking of applying for a tourist visa, and mention in the application that we have applied for a spouse visa too, and this tourist visa is only for a quick visit or something like that. Do you think they will grant me a tourist visa, when I have already applied for a spouse visa? Will this further delay or affect my spouse visa in any way?
Having a spouse visa application submitted should not stop a tourist visa from being granted and one granted should not delay the spouse visa other than if your time of visit co-incided with when an offshore visa was ready for granting.





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Old 05-07-2010, 10:22 PM
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Hey Wanderer,

My husband spoke to his lawyer yesterday and the lawyer advised him to cancel his application in Sydney, because the CO's usually will return it back as an invalid application after a few months.

So we did that and I am now gathering stuff to put in my application here at Washington DC. Can you give me some examples of what kinda stuff do we write in the statements from me and my husband as well as on the statutory declarations from family and friends? Any samples would be great !

Also, we both basically Indians and we had a typical arranged marriage. We do have emails sent to each other and phone call records for the last year, but we were together only for 15 days after the wedding after which my husband had to return to Australia for his work. So we do not have many pics of social gatherings that we have attended or joint invitations and all such stuff ( I read in the booklet that you need to establish yourself as a socially accepted couple). But we did have a grand wedding and I have pics of the wedding with all the family members. Also, since we've stayed in different countries 15 days after the wedding, we do not have any joint accounts, or property or anything of that sort. How do we establish our relationship is genuine?


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Old 05-08-2010, 02:50 AM
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Quote:
Originally Posted by sappy View Post
Hey Wanderer,

My husband spoke to his lawyer yesterday and the lawyer advised him to cancel his application in Sydney, because the CO's usually will return it back as an invalid application after a few months.

So we did that and I am now gathering stuff to put in my application here at Washington DC. Can you give me some examples of what kinda stuff do we write in the statements from me and my husband as well as on the statutory declarations from family and friends? Any samples would be great !

Also, we both basically Indians and we had a typical arranged marriage. We do have emails sent to each other and phone call records for the last year, but we were together only for 15 days after the wedding after which my husband had to return to Australia for his work. So we do not have many pics of social gatherings that we have attended or joint invitations and all such stuff ( I read in the booklet that you need to establish yourself as a socially accepted couple). But we did have a grand wedding and I have pics of the wedding with all the family members. Also, since we've stayed in different countries 15 days after the wedding, we do not have any joint accounts, or property or anything of that sort. How do we establish our relationship is genuine?
The Australian government and DIAC for purposes of family immigration do recognise how marriages can occur in differnt cultures Sappy but both of you then heading in separate directions may be a little more unusual.
I''ve never seen examples of what Indian couples do put into their relationship support documents but I would suspect that DIAC would perhaps more be looking for a partner visa to show that once the marriage had occurred, the visa applicant was keen to move to Australia as soon as possible.

If there have been specific employment or other reasons why you have headed to the US, I would think explaining that ought to be certainly done in addition to documenting your marriage in India as much as possible.
And certainly whatever correspondence there has been should have whatever evidence provided, telephone accounts, email/skype logs etc.





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Old 05-08-2010, 11:04 PM
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Hey Wanderer,

I am trying to find if Form 886 applies in my case. Can you throw some light on what is this form and is it mandatory to send it with the initial application?

Also, I will be getting some statutory declarations from my friends and relatives in India. I read somewhere that they cannot use the form 888. It has to be a similar declaration form from India. I am not aware of any such declaration form in India. Can they just write it on a paper and get it certified from a solicitor?


Last edited by sappy; 05-08-2010 at 11:11 PM.

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Old 05-09-2010, 05:40 AM
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Quote:
Originally Posted by sappy View Post
Hey Wanderer,

I am trying to find if Form 886 applies in my case. Can you throw some light on what is this form and is it mandatory to send it with the initial application?

Also, I will be getting some statutory declarations from my friends and relatives in India. I read somewhere that they cannot use the form 888. It has to be a similar declaration form from India. I am not aware of any such declaration form in India. Can they just write it on a paper and get it certified from a solicitor?
The 886 form appears to be one where DIAC just collect info and if they want it filled they'll ask.
http://www.immi.gov.au/allforms/pdf/886.pdf
Australian statutory declarations are for Australian citizens/permanent residents to use but yes, you can submit signed statements from relatives and friends and from memory they do not need certifying.

You will find all that type of information detailed in Booklet #1 and you and your husband really need to commit to allocating time to reading that and all the other information on the Immi site, especially the eligibility and applying for this visa sections.
Partner Visa: Offshore Temporary and Permanent (Subclasses 309 and 100)
That will give you a thorough understanding of what has to be done and the process involved.





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