Advice; Divorce on 820 visa.

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Advice; Divorce on 820 visa.


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Old 12-30-2013, 08:27 PM
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Advice; Divorce on 820 visa.

Hello,

My wife & her daughter are on an 820 visa, after coming over to Australia on a PMV.

Unfortunately, things have not worked out for us, & we need to wrap things up so as she & her 16 year old daughter can go back home to the USA.

We have not yet divorced, nor have we advised Immigration.

Wife's daughter is 16, & her passport has expired.

We are still living together amicably, but need to sort out the legalities.

I'm thinking;

1. Get passport for Daughter.

2. Get Divorce.

3. Organize settlement for them back in the USA.

4. Advise Immigration.

Can someone in the know advise differently? I may be wrong, but I read somewhere that if you advise Immigration of a separation, they give 28 days to leave the country. Obviously, that is not long enough for us to finalize our affairs.

Thanks.

G & J.


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Old 12-30-2013, 09:37 PM
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I cannot offer any advice about the immigration side of things but with the divorce,a period of 12 months separation is required before you can file an application for divorce. How long ago did you get married? The rules may be different if the marriage has lasted less than 2 years


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Old 12-30-2013, 09:50 PM
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Sorry to hear that things have not worked out
yes start with the passport for the girl
With your wife do a stat declaration with a JP as witness as to date of separation (just in case unfortunately divorce can get messy and everyone thinks it won't happen to them)
purchase plane ticket & advise immigration
the divorce as previously advises can not occur until after 1 year separation, she does not need to be in Australia for that to occur, you can instigate a divorce on your own but you will need to attend (1 person must attend court if there is children involved)
NB: Financial separation does not need to occur at the time of the divorce, legally your wife can make a claim up to 1 year from the divorce date
good luck

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Old 12-30-2013, 11:58 PM
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Quote:
Originally Posted by Valentine1981 View Post
I cannot offer any advice about the immigration side of things but with the divorce,a period of 12 months separation is required before you can file an application for divorce. How long ago did you get married? The rules may be different if the marriage has lasted less than 2 years
Thanks for that - Marriage is less than two years.

Quote:
Originally Posted by Aussieboy07 View Post
Sorry to hear that things have not worked out
yes start with the passport for the girl
With your wife do a stat declaration with a JP as witness as to date of separation (just in case unfortunately divorce can get messy and everyone thinks it won't happen to them)
purchase plane ticket & advise immigration
the divorce as previously advises can not occur until after 1 year separation, she does not need to be in Australia for that to occur, you can instigate a divorce on your own but you will need to attend (1 person must attend court if there is children involved)
NB: Financial separation does not need to occur at the time of the divorce, legally your wife can make a claim up to 1 year from the divorce date
good luck
Thanks for the info - I'll look into the Stat Dec.

They (Wife & Daughter) will be up for their permanent visa in 2-3 months.

It looks like it's going to take that long to get the Daughter's USA Passport, as there's no way they are able to get to the US Embassy in Sydney, but the embassy does a 'road trip' to Brisbane sometime in February. From what I've read, that's the only way she's going to be able to apply for the Passport.


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Old 12-31-2013, 12:19 AM
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Quote:
Originally Posted by G & J View Post
It looks like it's going to take that long to get the Daughter's USA Passport, as there's no way they are able to get to the US Embassy in Sydney, but the embassy does a 'road trip' to Brisbane sometime in February. From what I've read, that's the only way she's going to be able to apply for the Passport.
Have you called the US embassy here in Australia and asked them? I would think that if you explain to them the situation ie. you are meant to notify DIBP but can't because of not having a passport to leave country they would surely be able to work something out.

Other option is why not fly to Sydney and get it sorted out now if they won't allow you do some other options like posting it etc.

I would imagine it would be better to get it started now so that you step daughter can start back at school at the beginning of a new term in the US and not part way through.


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Old 12-31-2013, 12:39 AM
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Quote:
Originally Posted by Mish View Post
Have you called the US embassy here in Australia and asked them? I would think that if you explain to them the situation ie. you are meant to notify DIBP but can't because of not having a passport to leave country they would surely be able to work something out.

Other option is why not fly to Sydney and get it sorted out now if they won't allow you do some other options like posting it etc.

I would imagine it would be better to get it started now so that you step daughter can start back at school at the beginning of a new term in the US and not part way through.
I will call the Embassy to see if there is any lee-way in light of the situation. Unfortunately, I'm not in a position to be flying everyone to Sydney.

Thanks.


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Old 12-31-2013, 12:39 AM
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G&J it may be worth having a look at the family law website as your marriage has been less than 2 years it still requires the 12 month separation but there are other conditions that have to be met before you can apply for divorce..

Have you been married less than two years?


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Old 12-31-2013, 10:15 PM
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Hi G & J
What about calling immigration anonymously explain the situation and seeing if they have a way around not having a valid passport.
I am sure if you informed them of the marriage break up that immigration would have a way around it! Just a thought

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Old 12-31-2013, 10:59 PM
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Perhaps DIBP would issue them a BVE until the passport is renewed.

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Old 12-31-2013, 11:27 PM
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Quote:
Originally Posted by Valentine1981 View Post
G&J it may be worth having a look at the family law website as your marriage has been less than 2 years it still requires the 12 month separation but there are other conditions that have to be met before you can apply for divorce..

Have you been married less than two years?
Thanks for the info - I was not aware of the separation time frame, as well as the counseling form.

Quote:
Originally Posted by maggie-may24 View Post
Perhaps DIBP would issue them a BVE until the passport is renewed.
Hi, I'm not sure I understand - there is no problem with their visas.


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