leadinglight

Police Certificates: Required for all countries where you have lived for more than 12 months since the age of 16. Present and former residents of the United States should NOT obtain any police certificates covering their residence in the U.S.

http://london.usembassy.gov/application_documents.html

The further on their website it confilcts with (paraphrasing) a police certificate for every country you have lived in for 12 months or more since 16 years old.

Then,

A visa applicant who has resided in the United Kingdom for 6 months or more since the age of 16

http://london.usembassy.gov/document...ce_certificate

So I guess someone needs to check the US embassy in Sydneys website for their rules?

Sorry to confuse it!

ginstwin

She has lived in OZ for 3 years so will definitely need Police clearance.

leadinglight

SHE will be

jeffreyhy

When one asks "how long does it take", one really does need to specify the starting point and the ending point. For the purpose of my comments, I will define the starting point as today and the ending point as when the visa is issued.

1. For an immigrant visa, we used to say 8-10 months from when the I-130 petition is filed until the visa is issued, if all goes smoothly, but USCIS has recently changed the processing of stand-alone I-130 filings (which would be the case here) and there's little anecdotal evidence yet to know if this change will shorten or lengthen the petition processing time. The change will likely make petition processing times more variable, depending on which USCIS field office does the processing. Also, add how much time it will take from today to get married and submit the I-130 petition.

2. For a K1 fiance(e) visa, typically 6-8 months from when the I-129f petition is filed until the visa is issued. Add how much time it will take from today to submit the I-129f petition. There will be an additional step after entry to the USA to become a PR, but remember that I defined the end point as when one enters the USA.

Regards, JEff

ginstwin

I think they would be more comfortable using a lawyer just to guide them a little. The firm i used for my EB5 are very good and efficient but not cheap!

Thats an interesting thought Rene. So basically the benefit of marrying now would be upon getting visa approval and entering the US she could work almost immediately as against waiting 3 months ish for work permit?

But both routes will take 6-8 months .

ginstwin

Thats really helpful Jeff.

After waiting more than double the "expected" time for my I-526 approval (EB5) i know exactly what you are saying.
I think they are just trying to get in an organised position as early as possible as against getting into a huge panic up later in the process.

Well at least they know the options available now.

jeffreyhy

To clarify the 6-months v. 12-month requirements for police certificates:
9 FAM 42.65 N1 BASIC DOCUMENT REQUIREMENTS(CT:VISA-1459; 07-30-2010)
INA 222(b) (8 U.S.C. 1202(b)) requires that an applicant applying for an immigrant visa (IV) submit the following documentation, if available:
...
(2) A copy of the police certificate for the country of nationality and country of the alien's residence at the time of visa application in which the applicant has resided for six months or more;
(3) A copy of police certificates for any other country in which the applicant has resided for one year or more;

Understand that the law, in this case the INA, is not changed by erroneous information posted on internet web sites, even if those web sites are created and maintained by US government agencies.

Regards, JEff

jeffreyhy

She could provided that she could almost immediately find an employer to hire her - a not insignificant detail that often goes unmentioned. It's not unusual for a job search to take many months.

Regards, JEff

ginstwin

Her industry is such that she is able to freelance but your comment is 100% correct and needs to be taken into consideration when calculating benefits of one visa v another and timelines etc etc

Apfelkuchen

Thanks, JEff!