very complicated, boyfriend overstayed in usa

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very complicated, boyfriend overstayed in usa


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Old 06-15-2011, 06:23 PM
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Question very complicated, boyfriend overstayed in usa

Hi there,

I am an Australian Citizen. I have been with my boyfriend here in the Usa for 1 year and 7 months, give or take the few months I was away to keep my Visa status valid. My boyfriend is a Mexican citizen and has been here for 5 years and has overstayed his visa.

We would like to move to Australia and have a normal life, however, I am concerned we have no chance given his situation. For starters, could he even get a police check here?!

If anyone has any idea if we stand a chance or knows someone who was in a similair predicament I would love to hear about it.

Thanks so much........


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Old 06-16-2011, 12:18 AM
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Hi there,

I think you ought to talk with a migration agent or migration lawyer. Since he has been living illegally in the US, it may be very hard for him to get the relevant police check. Also, he has to state in the Australian visa application whether he has overstayed a visa before. If he lied, it could come back to haunt him some time down the line.

I think if he were to have any kind of chance, he would have to solve his visa problem in the US first.

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Old 06-16-2011, 12:50 AM
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Quote:
Originally Posted by aussiegirl View Post
Hi there,

I think you ought to talk with a migration agent or migration lawyer. Since he has been living illegally in the US, it may be very hard for him to get the relevant police check. Also, he has to state in the Australian visa application whether he has overstayed a visa before. If he lied, it could come back to haunt him some time down the line.

I think if he were to have any kind of chance, he would have to solve his visa problem in the US first.
Ok thanks,

But regardless of the police check, if he were honest, Do you think they would flat out deny him?
I am going to see an immigration attorney.


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Old 06-16-2011, 01:32 AM
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Hi again,

Well, I have read cases of people overstaying visas in Australia and still being granted partner visas, BUT, they used an agent or lawyer to handle the application. The nature of your situation makes it far too complex to go it on your own.

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Old 06-16-2011, 02:01 AM
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Sure, good to know, I wouldn't dream of going it alone. Do you have any idea how long it could take?
And one more question.......What does one have to do being from a high risk country even just to go to Australia as a tourist? How do you apply for that? Say for example If he got a new passport, went as a tourist and left from Mexico?

Thanks for the replies!


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Old 06-16-2011, 02:08 AM
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He would have to show enough funds to support himself during his trip and proof that he intends to go back to his country afterwards. The visa would likely have a no further stay condition on it, meaning he could not lodge any visa once in Australia. He also needs a sponsor from what I have read from people trying to get tourist visas from places like India or the Philippines.I would check the Australian embsassy website in Mexico for more exact information though.

Partner visa processing times take anywhere up to 9 months or more. If he were asked for a security check (which is different to a police check) it could go over 12 months. There is no quick-fix or fast-track way to make it quicker.

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Last edited by aussiegirl; 06-16-2011 at 02:14 AM.

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Old 06-16-2011, 09:31 AM
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hi froggo

my fiance is from a latino country (high risk) & I organised a tourist visa for him -- but it was an absolute nightmare, 2mths wait for processing, ridiculous amount of evidence, and he didn't even have the visa overstay issues that your partner does. They were very very hestitant to give it to us!

You need to prove, beyond doubt, that your partner is going back to Mexico after his tourist visa expires. Obviously if he's got a history of doing exactly the opposite, as well as (assumingly) working illegally (BIG NO NO), he won't get it. Virtually impossible. He has to prove strong ties to Mexico -- ie decent job, family, social connections/commitments within the community, perhaps assets (eg property) if he has any.

I think you've got buckleys of getting a partner or tourist visa in the present moment (sorry!) I'm thinking perhaps the only option would be to get married and/or have children, and live in Mexico for a while to develop a history of a normal life & actually abiding by rules etc..... keeping in mind too, that one of the questions DIAC sometimes asks when processing partner applications is "what would you do if this visa isn't approved...?"

Good luck



Quote:
Originally Posted by froggo View Post
Sure, good to know, I wouldn't dream of going it alone. Do you have any idea how long it could take?
And one more question.......What does one have to do being from a high risk country even just to go to Australia as a tourist? How do you apply for that? Say for example If he got a new passport, went as a tourist and left from Mexico?

Thanks for the replies!

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Old 06-19-2011, 03:25 AM
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Hi,
We wouldn't bother with the tourist Visa, I was just wondering what high risk really meant for a tourist.
Buckley's for a partner Visa?? I'd like to think not. But what I would like to know.....is being married more legitimate and gives him more of a chance than being a defacto?? What if we got married in the Usa, we have no plans to go and live in Mexico, I am yet to find out if he can even apply for the visa from the Usa...
Hmmm....

Thanks


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Old 06-19-2011, 04:27 AM
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By law, a strong de facto union and a legal marriage are the same thing in Australia. So, if you could show a genuine, committed marriage-like de facto relationship, you could meet the requirements for the visa.

But this is where the problem for you two lies - because of his illegal status, it is hard to gather the proof to show your genuine relationship. This is why I said he needs to work on becoming legal in the states. Otherwise, I think it would be very complicated to dodge the issue.

While your finances are most important as a sponor, they may still want to see proof of his earnings. He could just get a letter from his empolyer, but things could get complicated if he needs a tax statement since I gather he hasn't lodged a tax return as an illegal immigrant? I think he could get an FBI check without an SSN, because of privacy laws in the states, and maybe he could get the health check without a hitch, but I can't be sure.

I think the only reason some have suggested he lodge in Mexico is at least he is a legal there, but I guess leaving the States is a problem if he has overstayed. High risk means that those countries can't get e-visas. It's not just a matter of being politically risky or a security threat. People from Mexico on this forum have successfully applied and gotten visas, so maybe you should search for them to see how the process went for them. You can apply anywhere for a partner visa regardless of citizenship since the requirements are the same.

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Old 06-19-2011, 05:44 AM
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Thanks aussiegirl,

We found out the FBI check is no problem as well as the health check but do they ask all sorts of questions about his employment and earnings?? Not many answers to give there...and definately no tax statements....jeez, do we get points for using less paper!
The only proof we have is some bills going to the same address and thousands of photos which all have dates embedded in them.
We both suck on paper, I would need my parents to sponsor him (is that possible)?

If he could've sorted out his status here he would've- not so easy, but we are definately genuinely committed.

So I am having trouble finding an immigration attorney here as they all specialize in US Visas! Am not having any luck finding any except all the dodgy ones asking for money pop up straight away including in Australia....how the hell do I find a good reccommended attorney/lawyer? I was going to post a thread asking that but I don't know if i'm allowed to ask for recommendations. Also I mostly need to know if we can apply from here, and if he can leave from here..........but i'll definately pay the right person to not deal with all that paperwork......
I hope you can help answer any of these questions,,,
Thanks


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