Question On Prospective Marriage Visa Subclass 300

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Question On Prospective Marriage Visa Subclass 300


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  #1 (permalink)  
Old 06-21-2010, 09:25 PM
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Question On Prospective Marriage Visa Subclass 300

Hi,

Hopefully this is a straight forward question, any advice and comments are highly appreciated.

Brief outline of situation.. I'll try and keep brief and stick to factual points

- I am an Australian Male who was travelling thru the US when I met my now Fiance, I was on a 3 month Visa Waiver

- I left the US before the 3 months and returned to Tasmania with my Fiance (was then girlfriend)

- Returned to the USA after 2 weeks and was interrogated at immigration at LAX about our relationship... at risk of being turned away we lied and said were friends. Extensive notes were recored and I was finally allowed back in the county...

- Legal advice from US immigration lawyers suggest that may be the last time I will be able to enter the country... but thats a US thing... heres where my questions for you start.


We are now going to apply for my fiance to immigrate to Australia instead under the Prospective Marriage Visa.

Questions.

1. we were originally going to apply offshore... and wait, maybe i will overstay my 90 USA waiver as we do not want ANY time apart... but, is she able to enter under a tourist visa and apply for status change once in Australia? I have seen issues of having to leave before granted and re-enter... can someone explain the dynamics behind that?

2. I see ppl have submitted the medical with application before being asked... Is that the quickest way?

3. It seems easy enough to file yourself... immigration lawyers have quoted $5000+ am I right in thinking we can easily do this on our own?

4. I was in the UK on a work visa the 12 moths leading up to entering the US... I haven't worked in Australia for that time plus the time spend here in the USA but I have a firm job offer and signed contract to start working once there... is this ok?


Any help would be really helpful...

C


Last edited by ozclint; 06-21-2010 at 09:27 PM.

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Old 06-22-2010, 04:45 AM
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Quote:
Originally Posted by ozclint View Post
Hi,

Hopefully this is a straight forward question, any advice and comments are highly appreciated.

Brief outline of situation.. I'll try and keep brief and stick to factual points

- I am an Australian Male who was travelling thru the US when I met my now Fiance, I was on a 3 month Visa Waiver

- I left the US before the 3 months and returned to Tasmania with my Fiance (was then girlfriend)

- Returned to the USA after 2 weeks and was interrogated at immigration at LAX about our relationship... at risk of being turned away we lied and said were friends. Extensive notes were recored and I was finally allowed back in the county...

- Legal advice from US immigration lawyers suggest that may be the last time I will be able to enter the country... but thats a US thing... heres where my questions for you start.


We are now going to apply for my fiance to immigrate to Australia instead under the Prospective Marriage Visa.

Questions.

1. we were originally going to apply offshore... and wait, maybe i will overstay my 90 USA waiver as we do not want ANY time apart... but, is she able to enter under a tourist visa and apply for status change once in Australia? I have seen issues of having to leave before granted and re-enter... can someone explain the dynamics behind that?

2. I see ppl have submitted the medical with application before being asked... Is that the quickest way?

3. It seems easy enough to file yourself... immigration lawyers have quoted $5000+ am I right in thinking we can easily do this on our own?

4. I was in the UK on a work visa the 12 moths leading up to entering the US... I haven't worked in Australia for that time plus the time spend here in the USA but I have a firm job offer and signed contract to start working once there... is this ok?


Any help would be really helpful...

C
I think I have seen a reference somewhere on the US immigration not being too keen on letting in people who have a relationship, something on if you marry a US citizen you then will have the right to stay and eventually get citizenship thre and perhaps an option you may want to investigate.

1. But as to overstaying a waiver, would you not be better off seeing if an extended stay was possible first for doing it illegally is just heading down the wrong road and if you end up detained somewhere prior to deportation, you'll not be together and that could have a rub off on any future visa application involvement for Oz.

The dynamics to people arriving in Australia after having made an offshore visa application are simply that if you make an offshore application you need to be offshore to have it granted.

2. Submitting a medical [ along with FBI/police check ] with an application may save you the month or so that it can take to get them when requested.

3. Most people visit forums because they are considering a DIY approach and if you make good use of the Immi section info re eligibility, the applying Checklist and Booklet #1 as back-up, that's what most people do and make a good fist of it.

4. Your working and financial situation will be looked at by Immi in determining whether they will request an Assurance of Support to you in being a sponsor.





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Old 06-22-2010, 05:39 AM
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So if we apply offshore, can my fiance enter on a tourist visa while waiting? Then if granted... leave and re-enter on new visa status?
All your help is really appreciated!!!!


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Old 06-22-2010, 05:57 AM
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Hi C,

Generally, once the offhore application has been submitted, the applicant will have to be out of Oz when it is granted. So, if your partner did travel to Oz after submission, she would have to go out and come back in. However, I have read on various forums that a lucky few have had the offshore partner application granted while they were onshore, BUT this is definitely a very rare exception, so don't count on it.


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Old 06-22-2010, 11:03 AM
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Quote:
Originally Posted by ozclint View Post
So if we apply offshore, can my fiance enter on a tourist visa while waiting? Then if granted... leave and re-enter on new visa status?
All your help is really appreciated!!!!
Your fiance could apply for a tourist visa while awaiting the PMV and then it would not be granted while she was in Australia but if you have confirmed with them her presence in Australia, they'll likely advise when the visa grant is coming up [ though there is no obligation for them to do so ].
She would then need to advise of intent tio travel abroad, say to NZ for instance and once outside of Australia, then the visa would be granted and she could re-enter.
Unlike Aussiegirl, I've never read anywhere of an offshore visa being granted onshore other than for the second stage PR grant of a partner visa.

The other thing she would need to be aware of is that if her tourist visa was nearing expiry and there was no word on the PMV she had better look at her interim options for most tourist visas have a No Further Stay visa and so it may not be possible to extend, so she may be better off to get an ETA which is just another form of a visitor visa.





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Old 06-22-2010, 09:43 PM
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Please update your flag here .

Thanks so much for your help!


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Old 10-05-2013, 02:05 PM
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Ozclint,
My assumptions:
1. Your fiancee/girlfriend is US citizen?
Fact:
1. US citizens can come to Australia visa free for 3 months with no restrictions( no condition 8503 'b.s')

Based on those two my take is
She can come to Australia and THEN you can apply for onshore partner visa. (provided you have lived together for 12 months and show EVIDENCE for it or register your defacto relationship in some Australian state, I'm in NSW and it takes 56 days to get the relationship certificate, find out for tassie (assuming you are in tas))
Any partner visa application is a lot of paperwork and I mean a *lot*.
Before doing anything remember 3 things 1. research 2. research 3. research.
don't take anyone's word for truth
You can apply offshore Prospective Marriage Visa (Class 300) but
1. you have wait it queue
2. officially PMV visas "may" be capped . And when they say 'may be ' officially, you know how that goes.
3. You can submit medical results with your application. Check "My Health Declarations" as not all visa types are eligible for health check results before submitting visa applications.
4. Any country the applicant (your US fiancee/girlfriend) have lived for more than 12 months(in total) will have to submit a police check, I read elsewhere that US FBI police checks takes 4-6 weeks. Make sure you have taken that into account. If there are kids involved then the sponsor (Australian citizen) will have to submit police checks for every country you have lived in (again 12 months in total).
Hope that helps,
again I may be wrong on some details but I have tried in all honesty

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Last edited by frombelarus; 10-05-2013 at 02:06 PM. Reason: mistyped

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Old 10-05-2013, 10:28 PM
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Quote:
Originally Posted by frombelarus View Post
Ozclint,
My assumptions:
1. Your fiancee/girlfriend is US citizen?
Fact:
1. US citizens can come to Australia visa free for 3 months with no restrictions( no condition 8503 'b.s')

Based on those two my take is
She can come to Australia and THEN you can apply for onshore partner visa. (provided you have lived together for 12 months and show EVIDENCE for it or register your defacto relationship in some Australian state, I'm in NSW and it takes 56 days to get the relationship certificate, find out for tassie (assuming you are in tas))
Any partner visa application is a lot of paperwork and I mean a *lot*.
Before doing anything remember 3 things 1. research 2. research 3. research.
don't take anyone's word for truth
You can apply offshore Prospective Marriage Visa (Class 300) but
1. you have wait it queue
2. officially PMV visas "may" be capped . And when they say 'may be ' officially, you know how that goes.
3. You can submit medical results with your application. Check "My Health Declarations" as not all visa types are eligible for health check results before submitting visa applications.
4. Any country the applicant (your US fiancee/girlfriend) have lived for more than 12 months(in total) will have to submit a police check, I read elsewhere that US FBI police checks takes 4-6 weeks. Make sure you have taken that into account. If there are kids involved then the sponsor (Australian citizen) will have to submit police checks for every country you have lived in (again 12 months in total).
Hope that helps,
again I may be wrong on some details but I have tried in all honesty
Frombelarus - You are responding to a two year old post here. No doubt ozclint's issue has already been resolved long before this. I'm going to close this thread so it doesn't get bumped again since it contains old and outdated information. Thanks.

__________________
Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

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