British Expats

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-   Marriage Based Visas (https://britishexpats.com/forum/marriage-based-visas-35/)
-   -   Direct Consulate Filing (https://britishexpats.com/forum/marriage-based-visas-35/direct-consulate-filing-249986/)

jo lack Aug 20th 2004 4:02 am

Direct Consulate Filing
 
Hello,
just wondering if anyone out there knows about this option for k3 filing?
I'm an Australian citizen, engaged to a beautiful American man and am wondering if this is the best option for obtaining a marriage visa? We have not yet filed any forms.
thanks for your time,
jo

Just Jenney Aug 20th 2004 4:11 am

Re: Direct Consulate Filing
 

Originally Posted by jo lack
Hello,
just wondering if anyone out there knows about this option for k3 filing?
I'm an Australian citizen, engaged to a beautiful American man and am wondering if this is the best option for obtaining a marriage visa? We have not yet filed any forms.
thanks for your time,
jo

Have you done a forum search using the terms "DCF Australia" or something similar?

~ Jenney

jo lack Aug 20th 2004 4:17 am

Re: Direct Consulate Filing
 
Hey Jenney,
No. Will do that now. Thanks for your reply!

surfsbabe Aug 20th 2004 4:44 am

Re: Direct Consulate Filing
 
Hi Jo,

my husband and I did it through Sydney, our interview was August 9th. I have posted our interview details to kamya and feel free to pm/email me if I can help you in any way. IMHO it is DEFINITELY the best way to go!!

Kate

Folinskyinla Aug 20th 2004 4:48 am

Re: Direct Consulate Filing
 

Originally Posted by jo lack
Hello,
just wondering if anyone out there knows about this option for k3 filing?
I'm an Australian citizen, engaged to a beautiful American man and am wondering if this is the best option for obtaining a marriage visa? We have not yet filed any forms.
thanks for your time,
jo

Hi:

No, there is no "DCF" for K-3 inasmuch as the I-129F must be filed stateside.

Praytell, why would you even want to the do the K-3 that way -- DCF of the I-130, if available, obviates the need for the K-3.

jo lack Aug 20th 2004 5:07 am

Re: Direct Consulate Filing
 
will check it out. thanks Kate.

jo lack Aug 20th 2004 5:11 am

Re: Direct Consulate Filing
 
Ok. Have just begun my research. Would you mind telling me what, in your opinion is the fastest way to have a fiance visa processed ie. within the States, or should we marry in Australia and explore the D.C.F option?
Thanks for your interest.

Folinskyinla Aug 20th 2004 5:33 am

Re: Direct Consulate Filing
 

Originally Posted by jo lack
Ok. Have just begun my research. Would you mind telling me what, in your opinion is the fastest way to have a fiance visa processed ie. within the States, or should we marry in Australia and explore the D.C.F option?
Thanks for your interest.

Hi:

Once you marry, no fiance visa is possible.

An I-129F can be filed stateside only.

If you marry and go DCF -- it MIGHT be quicker. What is quick today may be slow tomorrow.

surfsbabe Aug 20th 2004 5:35 am

Re: Direct Consulate Filing
 

Originally Posted by jo lack
Ok. Have just begun my research. Would you mind telling me what, in your opinion is the fastest way to have a fiance visa processed ie. within the States, or should we marry in Australia and explore the D.C.F option?
Thanks for your interest.

I am pretty sure there is no faster way than DCF in Sydney as long as your application is straightforward.

For a fiancee visa I think it depends on where your fiance lives and which service centre he would therefore be required to use as to how fast it would take for the I-129F to be approved. Once the I-129F is approved you still have to apply for the visa as I understand it.

Kate

jo lack Aug 20th 2004 5:56 am

Re: Direct Consulate Filing
 
ok. seems to me the DCF option is the best way to go. I've found the back-log of similar cases on this site.....will begin reading through them. So amazing to have found somwhere to access this information.
thanks y'all for your input.
jo

meauxna Aug 20th 2004 6:14 am

Re: Direct Consulate Filing
 

Originally Posted by jo lack
ok. seems to me the DCF option is the best way to go. I've found the back-log of similar cases on this site.....will begin reading through them. So amazing to have found somwhere to access this information.
thanks y'all for your input.
jo

Jo, to save you some ineffectual research, here are some targeted resources for you to read:
General Overview: http://www.visajourney.com/forums/in...pg=compare#dcf
More detailed: http://britishexpats.com/forum/showthread.php?t=248960
Personal experiences (most current at bottom of list): http://www.kamya.com/interview/intro.html (click "I-130/DCF abroad and select Australia)

Sydney is the easiest place to DCF in the world. Get organized and your experience will bear no resemblance to the ones you read on the NG! :) (not saying folk here are NOT organized...just that DCF gets the whole thing done in one fell swoop, if you are ready for it). Be nice to surfsbabe :) As the most recent Sydney DCF s/he can give you all the current gory details.

Bluegrass Lass Aug 20th 2004 6:21 am

Re: Direct Consulate Filing
 
DCF definitely the best way to go.

If you marry there, then he can file the I-130 directly with the US Embassy. Then once that's approved, you will have to have an interview and pass a medical exam. The interview and medical goes well, you get a nifty visa in your passport. ;) Depending on how long you've been married when you enter the US, you will get either a CR-1 or IR-1 status. Either way, you will enter the US as a Resident, with immediate work authorization and receive a Green Card within a few weeks/months after entry. (this is the simplified explanation)

If you go the K3 route, he would most likely have to return to the US to file the I-130 with the Service Center over his region. Then once he gets a receipt notice for I-130, he then has to file the I-129f (w/the I-130 notice) at the National Benefits Center. Then you guys sit back and wait for the I-129f to be approved (currently take around 6 months I think?). Once the I-129f approved, go for interview & medical, and get the visa in your passport. Once you enter w/the K3 visa, you still have to apply for work authorization (currently taking upwards of about 3 months for approval), and you are not considered a Perm. Resident yet. It gets a bit complicated from here, but to keep it simplified, you will still have to do 1 of 2 things: 1) file the I-485 Adjustment of Status forms to become a Perm. Res. or 2) return to Australia after approval of the I-130 to complete the processing for the CR-1 or IR-1. You could file AOS in 1 of 2 way: 1) either after you enter on the K3 visa and if your local office will allow you, or 2) after the I-130 is approved.

Was that confusing enough? :D I tried to keep it somewhat easy to understand, but I didn't go into too much detail. Suffice it to say, going the DCF route in Sydney is the quicker and easier route.

Good luck!
Jamie

surfsbabe Aug 20th 2004 7:34 am

Re: Direct Consulate Filing
 

Originally Posted by sunflwrgrl13
DCF definitely the best way to go.

If you marry there, then he can file the I-130 directly with the US Embassy. Then once that's approved, you will have to have an interview and pass a medical exam. The interview and medical goes well, you get a nifty visa in your passport. ;) Depending on how long you've been married when you enter the US, you will get either a CR-1 or IR-1 status. Either way, you will enter the US as a Resident, with immediate work authorization and receive a Green Card within a few weeks/months after entry. (this is the simplified explanation)

If you go the K3 route, he would most likely have to return to the US to file the I-130 with the Service Center over his region. Then once he gets a receipt notice for I-130, he then has to file the I-129f (w/the I-130 notice) at the National Benefits Center. Then you guys sit back and wait for the I-129f to be approved (currently take around 6 months I think?). Once the I-129f approved, go for interview & medical, and get the visa in your passport. Once you enter w/the K3 visa, you still have to apply for work authorization (currently taking upwards of about 3 months for approval), and you are not considered a Perm. Resident yet. It gets a bit complicated from here, but to keep it simplified, you will still have to do 1 of 2 things: 1) file the I-485 Adjustment of Status forms to become a Perm. Res. or 2) return to Australia after approval of the I-130 to complete the processing for the CR-1 or IR-1. You could file AOS in 1 of 2 way: 1) either after you enter on the K3 visa and if your local office will allow you, or 2) after the I-130 is approved.

Was that confusing enough? :D I tried to keep it somewhat easy to understand, but I didn't go into too much detail. Suffice it to say, going the DCF route in Sydney is the quicker and easier route.

Good luck!
Jamie

In actual fact the I-130 petition is submitted at the visa interview so if everything is in order you get the visa same day. For Sydney they send out the medical instructions with packet 3 so you have had the medical examination prior to the interview also.

Kate

UpandOver Aug 20th 2004 3:45 pm

Re: Direct Consulate Filing
 
Hi all,

I'm new here and can't believe that after months and months of
searching visa info I have only just recently learned about DCF. I'm
in Oz and my guy is in the US. We're hoping to get married here in Oz
in about 5 or 6 months, and I'm just going to go DCF and forget the
rest!

One major hurdle I've encountered already...trying to contact the US
Consulate in Sydney! Good grief. $1.50/minute just to call and ask
them to send you paperwork!

Any Aussies who have done this recently: can you think of anything
particular that you wish you'd known prior to filing? All info most
gratefully received (chocolate bribery also considered where
applicable ;-)

RB

jo lack Aug 21st 2004 12:31 am

Re: Direct Consulate Filing
 
Hey RB,
I am a huge fan of chocolate (!) but, I really don't have any info to pass on at the moment. I only discovered this site last night and found that I learnt more useful information about visa processes in a few hours than I have after 3 months of limping through the uscis opitions.
The high call cost is a drag, agreed. Good luck in your application.....will pass on any info I find.
jo





Originally Posted by UpandOver
Hi all,

I'm new here and can't believe that after months and months of
searching visa info I have only just recently learned about DCF. I'm
in Oz and my guy is in the US. We're hoping to get married here in Oz
in about 5 or 6 months, and I'm just going to go DCF and forget the
rest!

One major hurdle I've encountered already...trying to contact the US
Consulate in Sydney! Good grief. $1.50/minute just to call and ask
them to send you paperwork!

Any Aussies who have done this recently: can you think of anything
particular that you wish you'd known prior to filing? All info most
gratefully received (chocolate bribery also considered where
applicable ;-)

RB


UpandOver Aug 21st 2004 12:50 pm

Re: Direct Consulate Filing
 
jo lack <member28004@british_expats.com> wrote in message news:<[email protected] om>...
    >
    > Hey RB,
    > I am a huge fan of chocolate (!) but, I really don't have any info to
    > pass on at the moment. I only discovered this site last night and found
    > that I learnt more useful information about visa processes in a few hou-
    > rs than I have after 3 months of limping through the uscis opitions.
    > The high call cost is a drag, agreed. Good luck in your application....-
    > will pass on any info I find.
    > jo


Hi Jo,

Gathering chocolate for you as we speak!

I agree..I've found more useful info in the last week than I have in
many months of searching (at least with regards to getting this whole
immigration thing moving faster). I'm going to fax through my request
for paperwork to the Sydney US consulate this week (no more phone
calls!). If I was confused before I imagine the paperwork will really
wig me out! Thats assuming the consulate will respond to a faxed
request that is....we'll see how that pans out huh?

Good luck to you too :-)

To anyone else out there....the police checks: is it a general federal
check thats required or do I have to get individual ones from each
state I have lived in? What about other countries? I lived in Germany
for around 11 months many moons ago.
RB

surfsbabe Aug 21st 2004 3:28 pm

Re: Direct Consulate Filing
 
Hi RB,

For the Police Clearance you need a National fingerprint-based check. You will receive the instructions and telephone numbers in packet 3. Call the number in your state before going ahead with getting fingerprinted at the police station because when mine was done in Melbourne they had just gone onto computerised fingerprinting and I had it in 3 days. It used to take around 3 weeks when they had to mail it from one state to the next so check if this option is available to you.

It is REALLY important that it is a fingerprint-based check, a guy was denied his visa the day I was interviewed because he got the wrong check.

If you were in Germany less than 12 months you do not need a clearance from there.

Keep a record of the date you fax the Consulate to request the packet in case it is slow getting to you.

Good luck!!

Kate

UpandOver Aug 24th 2004 4:56 pm

Re: Direct Consulate Filing
 
Hi Kate,

How on earth did you get the fingerprint based police check in three
days? I just called the Public Enquiries Service (Criminal Records
Branch) in Melbourne and was told it would take three weeks.
Admittedly I don't live in Melbourne..but still! It's not that big a
deal, but everything that takes weeks to be done, is just one more
area where things could go wrong or delays occur. I'd much prefer it
to come back to me in three days!

RB


    > Hi RB,
    >
    > For the Police Clearance you need a National fingerprint-based check.
    > You will receive the instructions and telephone numbers in packet 3. Ca-
    > ll the number in your state before going ahead with getting fingerprint-
    > ed at the police station because when mine was done in Melbourne they
    > had just gone onto computerised fingerprinting and I had it in 3 days.
    > It used to take around 3 weeks when they had to mail it from one state
    > to the next so check if this option is available to you.
    >
    > It is REALLY important that it is a fingerprint-based check, a guy
    > was denied his visa the day I was interviewed because he got the wr-
    > ong check.
    >
    > If you were in Germany less than 12 months you do not need a clearance
    > from there.
    >
    > Keep a record of the date you fax the Consulate to request the packet in
    > case it is slow getting to you.
    >
    > Good luck!!
    >
    > Kate

RBurlinson Aug 24th 2004 8:07 pm

Re: Direct Consulate Filing
 

Originally Posted by jo lack
ok. seems to me the DCF option is the best way to go. I've found the back-log of similar cases on this site.....will begin reading through them. So amazing to have found somwhere to access this information.
thanks y'all for your input.
jo

Hi Jo :) My name is Ramona and I'm currently filing DCF through Sydney. If you file in the US, it can take up to 2 years or more. If you file DCF in Australia, it can take as little as 6 weeks. Somtimes less. I spoke to them on the telephone (a luxury since i was in australia at the time.) and 80 dollars in telephone bills later, I got all the information I needed.

You call and request the package to file the spousal visa with them. Once you have all the nessesary paperwork you send the notice of readiness and your biographic information. You can request a good date to have your interview and they do there best to schedule it in with your travel times, and about 6 weeks later or less, you have your interview date and time. Its quicker to have your spose file the petition and you have your interview on the same day. Just send it in a cover letter with the DS-2001 I believe it is.

Feel free to message me if you have any more questions :)

-Ramona

surfsbabe Aug 24th 2004 8:25 pm

Re: Direct Consulate Filing
 
[QUOTE=UpandOver]Hi Kate,

How on earth did you get the fingerprint based police check in three
days? I just called the Public Enquiries Service (Criminal Records
Branch) in Melbourne and was told it would take three weeks.
Admittedly I don't live in Melbourne..but still! It's not that big a
deal, but everything that takes weeks to be done, is just one more
area where things could go wrong or delays occur. I'd much prefer it
to come back to me in three days!

RB

Hi RB,

I had been to the local Police Station and been fingerprinted the inky way but the Sargeant insisted she had to send my fingerprints herself and that I needed to forward the completed application separately. I was concerned that the two items would meet up, so I called the Records Office to ask what to do. They told me to forget the inky ones as the new computerised machine had recently been installed and if I went in there it would be a much quicker process as the fingerprints would be forwarded electronically instead of from one state office to the next by mail before being returned to Melbourne for completion.

When they told you 3 weeks was that if you went in there to have your fingerprints taken electronically or the inky way? They told me the inky way was likely to be 3 weeks by the time they get mailed around the country. Where will you have yours done?

Kate

UpandOver Aug 25th 2004 2:18 am

Re: Direct Consulate Filing
 
    >
    > Hi RB,
    >
    > I had been to the local Police Station and been fingerprinted the inky
    > way but the Sargeant insisted she had to send my fingerprints herself
    > and that I needed to forward the completed application separately. I was
    > concerned that the two items would meet up, so I called the Records Off-
    > ice to ask what to do. They told me to forget the inky ones as the new
    > computerised machine had recently been installed and if I went in there
    > it would be a much quicker process as the fingerprints would be forward-
    > ed electronically instead of from one state office to the next by mail
    > before being returned to Melbourne for completion.
    >
    > When they told you 3 weeks was that if you went in there to have your
    > fingerprints taken electronically or the inky way? They told me the inky
    > way was likely to be 3 weeks by the time they get mailed around the cou-
    > ntry. Where will you have yours done?
    >
    > Kate

Hi Kate,

I assume I will have it done here in Wodonga...I can't imagine they
have computer fingerprinting capacity here (but you never know....I
must check that out). I guess I need to initiate this in the state I
actually live in. I'm just wondering because maybe Albury has the
abilty (not likely, but possible I guess)?

Not that 3 weeks is too bad, but I like to be armed with knowledge
just in case I have to move very fast on these things for some reason!

RB

surfsbabe Aug 25th 2004 8:18 am

Re: Direct Consulate Filing
 
Hi RB,

I see from your earlier post that you are planning to be married in 5 or 6 months so even if you have to wait 3 weeks for the Police Clearance it is not going to delay your processing.

In my case we wanted to be married and together as soon as possible as we had already been delayed by various other things. We planned everything else around when we could earliest have the interview which of course was dependant on having all the documents ready.

Kate


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