Fiancé visa - a couple of questions

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Old May 10th 2005, 4:53 pm
  #1  
Intermediate Vector Boson
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Default Fiancé visa - a couple of questions

I have some questions on the Prospective Marriage Visa. For
background, I am an American male who'd be moving to Sydney to marry my
Australian fiancé.

My first question is about visa caps and the application fee. The
application fee for this visa is large enough to be pretty significant.
So what happens if I run into a visa cap? I.e., they turn me down on
the grounds that they've already given out as many of these visas as
they are going to for the year. Would I have to reapply the next year
and have to come up with _another_ application fee?

Other question: I'm confused about the "evidence of our relationship"
thing. The partner migration booklet isn't totally clear about this,
as far as I understand. There's one part where it says people who
provide statuatory declarations on our behalf have to be Aussie
citizens or permanent residents. But there's another part where it
says we can provide various evidence pertaining to the social context
of our relationship, including, among other things, "statutory
declarations made by your or your partner's parents, family members,
relatives and other friends". Obviously my family and friends are not
Australian. I don't get it. What is actually needed?

If anyone who can help shed some light on these questions, it would be
much appreciated. :-)
 
Old May 10th 2005, 6:42 pm
  #2  
Meryl
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Default Re: Fiancé visa - a couple of questions

The visa cap does not apply to Prospective Marriage visas.
As for statutory declarations, at least 2 need to be from Aussies.
Your Australian fiancee should be able to help find 2 people in this
category. Additional declarations can be from people from other
countries.
Meryl (married to a US citizen who arrived on a Prospective Spouse
visa).

On Tue, 10 May 2005 11:53:23 -0500, Intermediate Vector Boson
<[email protected]> wrote:

    >I have some questions on the Prospective Marriage Visa. For
    >background, I am an American male who'd be moving to Sydney to marry my
    >Australian fiancé.
    >My first question is about visa caps and the application fee. The
    >application fee for this visa is large enough to be pretty significant.
    >So what happens if I run into a visa cap? I.e., they turn me down on
    >the grounds that they've already given out as many of these visas as
    >they are going to for the year. Would I have to reapply the next year
    >and have to come up with _another_ application fee?
    >Other question: I'm confused about the "evidence of our relationship"
    >thing. The partner migration booklet isn't totally clear about this,
    >as far as I understand. There's one part where it says people who
    >provide statuatory declarations on our behalf have to be Aussie
    >citizens or permanent residents. But there's another part where it
    >says we can provide various evidence pertaining to the social context
    >of our relationship, including, among other things, "statutory
    >declarations made by your or your partner's parents, family members,
    >relatives and other friends". Obviously my family and friends are not
    >Australian. I don't get it. What is actually needed?
    >If anyone who can help shed some light on these questions, it would be
    >much appreciated. :-)
 
Old May 10th 2005, 8:10 pm
  #3  
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Default Re: Fiancé visa - a couple of questions

Originally Posted by Intermediate Vector Boson
I...There's one part where it says people who provide statuatory declarations on our behalf have to be Aussie
citizens or permanent residents. But there's another part where it
says we can provide various evidence pertaining to the social context
of our relationship, including, among other things, "statutory
declarations made by your or your partner's parents, family members,
relatives and other friends". Obviously my family and friends are not
Australian. I don't get it. What is actually needed?
You need at least 2 Stat Decs from Australians and a certified photocopy of their Oz passport too. This Stat Dec can be done on the form 888 (available from http://www.immi.gov.au/allforms/pdf/888.pdf)

For evidence of the Social Context of your relationship, you can get your US and Oz family and friends to write a witnessed Stat Dec for you. If in Australia I believe they can use the following: http://www.immi.gov.au/allforms/statdec.htm

If outside oz, get a lawyer/solicitor to tell you what to write. It can be handwritten or typed. The legal wording needs to be of the country where it is being witnessed. In the UK it is:

I, (enter full name), of (enter address), do solemnly and sincerely declare as follows:

Then your friends put how long they have known you, what a great couple you are, how they believe your relationship is genuine...

Then the next UK legal bit is:
And I make this solemn declaration conscientiously believing the same to be true and by virtue of the statutory declarations act 1835.

Signed ………………………………
Declared at ……………………………...
Witness sign ……………………………..
Address ………………………………
Date ………………………………


Good luck!
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Old May 11th 2005, 12:52 am
  #4  
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Default Re: Fiancé visa - a couple of questions

It doesn't? That's a surprise. I had thought it does.

Thanks for the clarification.

In article <[email protected]>, Meryl
<[email protected]> wrote:

    > The visa cap does not apply to Prospective Marriage visas.
    > As for statutory declarations, at least 2 need to be from Aussies.
    > Your Australian fiancee should be able to help find 2 people in this
    > category. Additional declarations can be from people from other
    > countries.
    > Meryl (married to a US citizen who arrived on a Prospective Spouse
    > visa).
    >
    > On Tue, 10 May 2005 11:53:23 -0500, Intermediate Vector Boson
    > <[email protected]> wrote:
    >
    > >I have some questions on the Prospective Marriage Visa. For
    > >background, I am an American male who'd be moving to Sydney to marry my
    > >Australian fiancé.
    > >
    > >My first question is about visa caps and the application fee. The
    > >application fee for this visa is large enough to be pretty significant.
    > >So what happens if I run into a visa cap? I.e., they turn me down on
    > >the grounds that they've already given out as many of these visas as
    > >they are going to for the year. Would I have to reapply the next year
    > >and have to come up with _another_ application fee?
    > >
    > >Other question: I'm confused about the "evidence of our relationship"
    > >thing. The partner migration booklet isn't totally clear about this,
    > >as far as I understand. There's one part where it says people who
    > >provide statuatory declarations on our behalf have to be Aussie
    > >citizens or permanent residents. But there's another part where it
    > >says we can provide various evidence pertaining to the social context
    > >of our relationship, including, among other things, "statutory
    > >declarations made by your or your partner's parents, family members,
    > >relatives and other friends". Obviously my family and friends are not
    > >Australian. I don't get it. What is actually needed?
    > >
    > >If anyone who can help shed some light on these questions, it would be
    > >much appreciated. :-)
 
Old May 11th 2005, 2:02 am
  #5  
Intermediate Vector Boson
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Default Re: Fiancé visa - a couple of questions

In article <[email protected]> , Briz-chick
<member37588@british_expats.com> wrote:
    > You need at least 2 Stat Decs from Australians and a certified photocopy
    > of their Oz passport too. This Stat Dec can be done on the form 888
    > (available from http://www.immi.gov.au/allforms/pdf/888.pdf)
    >
    > For evidence of the Social Context of your relationship, you can get
    > your US and Oz family and friends to write a witnessed Stat Dec for you.
    > If in Australia I believe they can use the following:
    > http://www.immi.gov.au/allforms/statdec.htm
    >
    > If outside oz, get a lawyer/solicitor to tell you what to write. It can
    > be handwritten or typed. The legal wording needs to be of the country
    > where it is being witnessed. In the UK it is:
    >
    > I, (enter full name), of (enter address), do solemnly and sincerely
    > declare as follows:
    >
    > Then your friends put how long they have known you, what a great couple
    > you are, how they believe your relationship is genuine...
    >
    > Then the next UK legal bit is:
    > And I make this solemn declaration conscientiously believing the same to
    > be true and by virtue of the statutory declarations act 1835.
    >

Thanks for the detailed response. Looking at the two forms, the first
question that comes to mind is, what is the difference between them?
How do I know which to use?

There also may be a problem. In terms of people who know both me and
my fiancé, there aren't very many, and those people who have actually
met both of us have not known both of us for very long at all. For
example, her mother and grandmother only were able to meet me for a few
hours when I was in Oz last year. There was also a friend of hers, but
I'm pretty sure this friend was not even an Aussie permanent resident,
but was just in the country on a student visa. The circumstances of
that trip were kind of pressed--she was brand new in Sydney and hardly
knew anyone, plus she was working the whole time I was there and
scrambling to find an apartment to live in. It left us with little
time for socializing, and she was quite exhausted from all that anyway.

On my side, things are a little better--when she was visiting here, she
did get to meet my parents and my brother and his wife. She also met a
couple of friends of mine. We had lunch together. Out of all these
people, she probably spent the most time with my parents, who we had
dinner with twice, and who she spent some time with one afternoon right
before she had to leave, while I was at work.

If the requirement is that we need witnesses who have known both of us
for "years", I really don't see how we can possibly come up with
anyone.

I had been aware of the fact that we were short on the witnesses thing,
and so was planning another trip down to Sydney in August, with the
hope that she could introduce me to some of her friends this time.

Comments? Anyone?
 
Old May 11th 2005, 4:48 am
  #6  
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Default Re: Fiancé visa - a couple of questions

You don't need to have met the friends/family - when I applied for my Prospective Spouse Visa, I had met my Aussie fiance's family, but he had not met mine - my sister and my mum wrote State Decs about how they were looking forward to meeting him, and how I had talked to them about our plans. My best mate had spoken to him once on the phone, but had obviously heard a lot about him, and he wrote one as well, saying how he was looking forward to a meeting, and to being at the wedding. Also I had discussed our plans for the future, so he put in a bit about that .
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Old May 11th 2005, 6:51 am
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Default Re: Fiancé visa - a couple of questions

The visa cap applies to Prospective Marriage visas.

http://www.immi.gov.au/facts/21managing.htm

The Migration Act 1958 (the Act), allows 'capping' - or limiting - of the number of visas which can be granted each year in a particular visa subclass.

This limit, or cap, applies only for the Program Year in which it is introduced. Once a cap is reached, applicants then wait in a queue for the visa to be granted (if successful) in a following year, subject to places becoming available.

Within the Family Stream, people applying as spouses (subclasses 100/309 and 820/801), dependent children (subclasses 101 and 802), adopted child (subclass 102) and orphan unmarried relatives (subclass117 and 837) are only exempt from capping.
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Old May 11th 2005, 8:18 am
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Default Re: Fiancé visa - a couple of questions

But even though there is a cap the total figure has never been reached - I remember finding the figures when I applied for my visa and the number of visas granted under Prospective Marriage was always far far less than those allowed for.
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Old May 11th 2005, 8:38 am
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Default Re: Fiancé visa - a couple of questions

2003-2004 outcome
Prospective Marriage visa - 5 040
2004-2005 planning level
Prospective Marriage visa - 5 300
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Old May 11th 2005, 9:19 am
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Default Re: Fiancé visa - a couple of questions

Originally Posted by Intermediate Vector Boson
I have some questions on the Prospective Marriage Visa. For
background, I am an American male who'd be moving to Sydney to marry my
Australian fiancé.

My first question is about visa caps and the application fee. The
application fee for this visa is large enough to be pretty significant.
So what happens if I run into a visa cap? I.e., they turn me down on
the grounds that they've already given out as many of these visas as
they are going to for the year. Would I have to reapply the next year
and have to come up with _another_ application fee?

Other question: I'm confused about the "evidence of our relationship"
thing. The partner migration booklet isn't totally clear about this,
as far as I understand. There's one part where it says people who
provide statuatory declarations on our behalf have to be Aussie
citizens or permanent residents. But there's another part where it
says we can provide various evidence pertaining to the social context
of our relationship, including, among other things, "statutory
declarations made by your or your partner's parents, family members,
relatives and other friends". Obviously my family and friends are not
Australian. I don't get it. What is actually needed?

If anyone who can help shed some light on these questions, it would be
much appreciated. :-)
Don't forget about the Spouse Visa fee too ... I did ... approximately $600 Australian for people entering on a Prosp. Marriage Visa ... oh well, I should really read the forms ...
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Old May 11th 2005, 1:10 pm
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Default Re: Fiancé visa - a couple of questions

Hello IVB,

I am also an American marrying an Australian. I sent my application in one month ago. I'll try to answer some of your questions, you can feel free to PM me if you have more. Also, Meryl is a wonderful help when you need information (or someone to talk you out of a panic).

Stat Decs - We had 2 from Australian citizens (my fiance's parents). They completed form 888, and then did a supplemental letter, which was all certified.

Also, I had my mother, and a mutual online friend (we met online) write letters. These do not count as stat decs, because they are not Australian citizens, and I did not have either of these people notarize their statements. Basically, they just stated that they know that we are in a relationship, and that they believe that we have a genuine intent to marry. Neither of them have ever met my fiance either.

I don't think that you need to have people who have known you for "years". I haven't even known my fiance for years! I think that letter from the few people who have seen you together, or know that you are a couple, will be fine.

FBI Clearance - You didn't mention this, but I wanted to warn you, if you haven't sent away for it yet, do it NOW. They can take up to 2 months, and it's my understanding that they are a little backlogged right now.

Capping - I was also under the impression that the visa cap doesn't apply to the Pros Marriage visa. Evidently, I was incorrect. It's not really worth worrying about though. There will be LOTS of other things to get stressed about, you might as well just cross that one right off the list.

Also, if you haven't done so already, check out www.austimeline.com to look at the timelines.

Last edited by Laurie1st; May 11th 2005 at 1:13 pm. Reason: Adding info
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Old May 11th 2005, 9:17 pm
  #12  
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Default Re: Fiancé visa - a couple of questions

Originally Posted by Intermediate Vector Boson

...Looking at the two forms, the first question that comes to mind is, what is the difference between them? How do I know which to use?
You definitely need 2 or more Form 888's - I got 3 for our spouse visa - one from my step-mum and the others from close friends.

It wouldn't hurt to get additional Stat Decs from people in Oz - say from her friends. There is a space at the end of Form 888 for more detail if they wish. For this it could either be handwritten with guidance from a laywer/solicitor, or use the 2nd Stat dec form I provided the link for. It's better to have too much than not enough!

Then get your family in the states to do some stat decs. They will not be able to use either of the forms already mentioned- get a lawyer to give advice on the format and wording.

Just get your family and closest friends to help you out - I'm sure it'll be fine!

Good luck!
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Old May 12th 2005, 12:42 am
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Default Re: Fiancé visa - a couple of questions

Just to give you another example, my fiance (applied for Prospective Marriage Visa in the UK) and we provided 6 stat decs in total. 3 from my friends who had met us both, 1 from my brother, 1 from his Grandma and 1 from a friend of my fiances.

Even though a couple of my friends didn't know Matt that well as they had only met him once or twice they all stated that they were aware of the time we met and that I had confided in them about times we had spent together and even the times spent talking on the phone and amount of our phone bills. They also commented that they all believed we were in a committed and loving relationship and make each other very happy. My brother stated that Matt was welcomed as part of our family etc etc.

We also both wrote a stat dec (just the 12 pages) detailing the history of our relationship.

On the evidence front we sent copies of letters and notes we'd sent to each other, emails, birthday cards, photo's of us together, flight agenda's, phone bills and a dvd of us skydiving together!

We sent a front loaded application (medicals completed and police checks applied for before sending in app) and it was approved within a couple of days of them receiving the last police check.

I thought we were being super thorough sending so much in but it was worth it when we were advised it had been approved!!

Hope this helps - lots of luck!!
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Old May 12th 2005, 12:55 am
  #14  
Intermediate Vector Boson
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Default Re: Fiancé visa - a couple of questions

In article <[email protected]> , Deadmeat
<member26837@british_expats.com> wrote:

    > > I have some questions on the Prospective Marriage Visa. For
    > > background, I am an American male who'd be moving to Sydney to marry
    > > my
    > > Australian fiancé.
    > >
    > > My first question is about visa caps and the application fee. The
    > > application fee for this visa is large enough to be pretty
    > > significant.
    > > So what happens if I run into a visa cap? I.e., they turn me down on
    > > the grounds that they've already given out as many of these visas as
    > > they are going to for the year. Would I have to reapply the next year
    > > and have to come up with _another_ application fee?
    > >
    > > Other question: I'm confused about the "evidence of our
    > > relationship"
    > > thing. The partner migration booklet isn't totally clear about this,
    > > as far as I understand. There's one part where it says people who
    > > provide statuatory declarations on our behalf have to be Aussie
    > > citizens or permanent residents. But there's another part where it
    > > says we can provide various evidence pertaining to the social context
    > > of our relationship, including, among other things, "statutory
    > > declarations made by your or your partner's parents, family members,
    > > relatives and other friends". Obviously my family and friends are not
    > > Australian. I don't get it. What is actually needed?
    > >
    > > If anyone who can help shed some light on these questions, it would be
    > > much appreciated. :-)
    >
    > Don't forget about the Spouse Visa fee too ... I did ... approximately
    > $600 Australian for people entering on a Prosp. Marriage Visa ... oh
    > well, I should really read the forms ...

Oh yeah, but there's so many forms! ;) Yes, I've got a big list of
stuff to deal with and that second fee is on there, A$600, which
currently comes to about US$465.
 
Old May 12th 2005, 1:11 am
  #15  
Intermediate Vector Boson
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Default Re: Fiancé visa - a couple of questions

So okay, based on posts from Pollyanna, Laurie1st and Briz-chick, it
looks like we would need at least two of the form 888's (with
supplemental letters which I gather are not required but a good idea)
which must be from Aussie citizens or permanent residents, anyone else
we can come up with from either country can be helpful too. And I
don't need to worry about knowing someone for a long time, just being
introduced to them (like maybe my fiancé and I having dinner with them
or something) sounds like it would be quite good enough. As for online
friends, there are quite a few of those, if we need them.

And I know about the FBI check--thanks! It's kind of annoying having
to get that, but I guess I can understand the need for it. I've never
even been fingerprinted before.

I have seen that austimeline.com website. It looks like a great
resource.

Thanks to all for the additional clarification. :-)
 


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