dance123

Hi guys,

Since her visa grant, all she did was come to Australia and within a few weeks we left for USA. I'm pursuing higher education hence she is where I am. Question is: how do I satisfy CO that she's here only because I'm stydying and once completed, we'll go back. Any ideas?

Any clue how to obtain background checks the U.S. and how long do they usually take? Is the following link the right one - click here please

SoCalDon

I can't comment on your first question but the FBI thing was straightforward. I downloaded the fingerprint form and popped into my local police station in Australia who were happy to take my money as well as my fingerprints. Filled in the form and shot it off via snail mail to the address given. I think mine took about a month to come back.

dance123

Anyone please!

Thanks for the reply. I better get on to it right now then

Pollyana

You have been on this site long enough to know that people will answer when they can. late on a Saturday night on the hottest weekend in history is not likely to be a busy time on here.
Added to which this is not a common situation. You will not find more than a smattering of people who have even the slightest insight into PIC requirements.

United States of America

Once you get into the realms of PIC requirements I would strongly suggest consulting an agent. Was this part of a Natural Justice letter or hasn't it got that far yet?

Your wife is going to need to show that she intend to live in Australia, permanently, with you as her husband also being in Australia.

DIBP is getting a lot tighter on the requirements of actually moving to Aus and not just getting a spouse visa then staying in the original country or moving somewhere completely different - and rightly so, why should they grant her permanent residency when as soon as she got the temp visa you moved to the USA and have been there ever since?

Get professional advice as to what kind of proof you can provide.

dance123

Agreed and it wasn't my intention either. I just didn't want the actual question to fade away, hence I QUOTED that response first and wrote anyone please!
Please jog my memory here but what's a PIC requirement?
Thank you.
No it wasn't a part of justice letter. It was written in the body of the email received from CO.
Well, I'm pursuing higher studies - once completed, who knows, I may as well decide to do specialisation which means staying further and ultimately she'd stay too. Don't you think that the 'intend to show' is for someone who actually migrated to another country or left Australia without a genuine reason.
Well, why shouldn't they - just because someone has decided to study abroad and being a spouse, she's accompanying him - why should that be of any hinderance considering I have a genuine reason.

Pollyana

Public Interest Criteria 4009

Not too bad yet then, PICs often crop up in Natural Justice letters. Still pretty serious though and needs attention. PICs are being quoted more and more often now in determinations and refusals, especially with Partner Visas.

You have to see this from the point of view of the CO, and DIBP.

You migrated to Australia. Then you got married. Your wife got a temp spouse visa, visited you here briefly, then you both left the country and moved to the USA. Your wife has not really set up any kind of home here or put down any roots. Your life with her is now in the US and there is no way of the CO knowing whether you in tend to stay there or come back to Aus.
As it looks at present your wife would be granted permanent residency of a country in which she has only spent a few weeks and which she does not appear to be about to return to.
Why should DIBP grant her permanent residency in a country that she may never return to live in?

At present DIBP has nothing to show that either of you will ever return to Australia.

In your shoes I would be engaging with a reputable agent before responding to DIBP.

dance123

For studies - a visa that is limited and subject to studies only - a non-immigrant visa that has a set expiry date.
Not that she had a choice either as I decided to study in the USA and she was just following me. First to Australia and then to USA. She wanted to be where I am. Be it home country, Australia, USA or some other.
May not return - well that's an assumption and it could be said in this way too - What happens when she returns?
That's not correct. We both have a non-immigrant visa to study in the US. Isn't that good enough of a proof?

Pollyana

I am merely viewing it as DIBP will. They want to see commitment to living together, in Aus, as a married couple. That is why they would grant her the visa.

So you have non-immigrant visas on which you are currently in the US. Its quite likely that DIBP could turn round and say "if you want to come back to Aus, get a Partner Visa at that time, not now when you and your wife appear to be in the US for some time.

Don't take this as gospel, they may decide to grant if you can provide evidence that you intend to return to Aus. But based on recent dealings with DIBP and a lot of reading around the topic of Partner Visas over the years, I personally feel you may have a problem, and as I said before I would be talking to an agent asap.

dance123

Nature of the couple's mutual commitment to each other, Evidence of
Statement regarding future plans
Nature of the couple's household, Evidence of

One of the evidence(s) specially requested by CO - I do not know how to address it - Any thoughts?

moneypenny20

You simply state how you support each other, how your lives are meshed, whether you live together, apart, with others. How your finances work, your wills etc. You need statements from friends, family, house mates etc confirming how they see you as a couple, bills to both at same address blah blah blah. Same stuff (but current) as you supplied when you did the 1st stage.

Pollyana

You must have provided something for each of these areas for the Temp SPouse stage. Take that and expand on it, as things will havve changed and moved on -you are now living together and thus can write about what has happened already as well as your plans for the future.

Nature of the couple's mutual commitment to each other - how do you support each other, how do you loo after eahc other, does one tend to make major decisions or is everything done jointly.Have you got wills, life insurance, joint purchases like houses, cars etc.

Statement regarding future plans - speaks for itself really. And that is where you will need to ensure that your plans include a future in Australia, not in the USA

Nature of the couple's household - how do you divide the chores, the shopping, does one cook all the time, do you share the bills.


Go back through the forum and read all the threads on spouse visas. There are threads with more information on this subject than Wikipedia at its best.