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New to Group - US Citizen married to Australian and just starting 'the process'

New to Group - US Citizen married to Australian and just starting 'the process'

Old Jul 16th 2003, 1:00 pm
  #1  
Ian
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Default New to Group - US Citizen married to Australian and just starting 'the process'

Hi all,
I'm an American guy and am NOT looking for anyone to share the rent - I
already found her. Having been through the relatively user-friendly
Australian permanent residency status when I came to Australia and married
here, we're now looking at moving to the US. I have a job offer there that
would mean I go over in a month or two while she's finishing her Master's
degree (set to finish in November).
It's looking a bit daunting already! Any advice on the opportunities and
pitfalls for a US-Australian couple applying from Australia would be
extremely welcome. We're particularly interested in how long it will take
for her to get the K-3 and an EAD so she can join me in the US and put her
degree to work.

As far as I can tell we need five forms to begin with:
1. I-130 - Petition for Alien Relative - the basic document to get the ball
rolling. US$130 for that privilege.
2. This will have to be accompanied by a G-325A for both of us.
3. If you like your wife and want to be with her while the US Government
takes its philosophical time about processing the application, you probably
want a K3 visa. To obtain one you will have to fill out an I-129. Don't be
put off by the fact that this form is titled "Petition for an Alien Fiance".
They just haven't gotten around to changing the title since, oh, August
2001. When completed this form should be mailed to the processing centre in
Chicago. The fee for this one is US$110
4. This form needs to be accompanied by an I-693 medical examination
certificate.
5. A form I-765 Application for Employment Authorisation. The fee for this
is US$120.

The process seems to be:
1. The American submits I-130
2. The American submits the I-129 and the 'alien' (love that term) submits
the I-765
3. The I-129 will be processed fairly quick (?), giving her a visa allowing
her to come to the US.
4. Hopefully the I-765 will be processed relatively quickly as well,
allowing her to work when she gets there.
5. When the I-130 petition is approved, BCIS (Bureau of Citizenship and
Immigration Services) will send an I-797 Notice of Approval, and sends the
petition on to the Immigrant Visa Processing Center, which will contact my
alien spouse with further information.
6. The date we submit the I-130 becomes the Priority Date. As the BCIS
clears the backlog of applications, this priority date will become current,
which means we will then be eligible to apply for an immigrant visa if we're
still in Australia, or adjustment of status if she is in the US on the K3
visa.
7. I've got my wife into the US - she's working, eating Big Macs and driving
an SUV. Now for Phase 2 of the operation - adjustment of status... don't
even want to think about that one yet

Cheers
Ian
 
Old Jul 16th 2003, 1:09 pm
  #2  
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I believe that the consistent advice that most Oz-US couples would give you, based on what I've read on the NG, is this:

DCF. Sydney consulate. Mostly harmless. Very fast.

(Desusa or Surfsbabe or TBone I'm sure will all chirp in here at some point to confirm this).

I am a K-1 survivor whose fiance is in the air flying from Oz even as we speak. We decided to go the K-1 route for our own reasons (which was also comparatively painless on the Oz side, but for the annoying rules of the Sydney consulate regarding case inquiries). But if we were married we certainly would have used DCF. It seems to be the overwhelming preference for Oz-US matches. And assuming she qualified to enter, your wife would enter with all the bells and whistles and a lot less headache.

Good luck and welcome to the NG.
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Old Jul 16th 2003, 1:53 pm
  #3  
Tim And Crys
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Default Re: New to Group - US Citizen married to Australian and just starting 'the process'

"Ian" wrote in message
news:[email protected]...
    > Hi all,
    > I'm an American guy and am NOT looking for anyone to share the rent - I
    > already found her. Having been through the relatively user-friendly
    > Australian permanent residency status when I came to Australia and married
    > here, we're now looking at moving to the US. I have a job offer there
that
    > would mean I go over in a month or two while she's finishing her Master's
    > degree (set to finish in November).
    > It's looking a bit daunting already! Any advice on the opportunities and
    > pitfalls for a US-Australian couple applying from Australia would be
    > extremely welcome. We're particularly interested in how long it will take
    > for her to get the K-3 and an EAD so she can join me in the US and put her
    > degree to work.
    > As far as I can tell we need five forms to begin with:
    > 1. I-130 - Petition for Alien Relative - the basic document to get the
ball
    > rolling. US$130 for that privilege.
    > 2. This will have to be accompanied by a G-325A for both of us.
    > 3. If you like your wife and want to be with her while the US Government
    > takes its philosophical time about processing the application, you
probably
    > want a K3 visa. To obtain one you will have to fill out an I-129. Don't
be
    > put off by the fact that this form is titled "Petition for an Alien
Fiance".
    > They just haven't gotten around to changing the title since, oh, August
    > 2001. When completed this form should be mailed to the processing centre
in
    > Chicago. The fee for this one is US$110
    > 4. This form needs to be accompanied by an I-693 medical examination
    > certificate.
    > 5. A form I-765 Application for Employment Authorisation. The fee for
this
    > is US$120.
    > The process seems to be:
    > 1. The American submits I-130
    > 2. The American submits the I-129 and the 'alien' (love that term) submits
    > the I-765
    > 3. The I-129 will be processed fairly quick (?), giving her a visa
allowing
    > her to come to the US.
    > 4. Hopefully the I-765 will be processed relatively quickly as well,
    > allowing her to work when she gets there.
    > 5. When the I-130 petition is approved, BCIS (Bureau of Citizenship and
    > Immigration Services) will send an I-797 Notice of Approval, and sends the
    > petition on to the Immigrant Visa Processing Center, which will contact my
    > alien spouse with further information.
    > 6. The date we submit the I-130 becomes the Priority Date. As the BCIS
    > clears the backlog of applications, this priority date will become
current,
    > which means we will then be eligible to apply for an immigrant visa if
we're
    > still in Australia, or adjustment of status if she is in the US on the K3
    > visa.
    > 7. I've got my wife into the US - she's working, eating Big Macs and
driving
    > an SUV. Now for Phase 2 of the operation - adjustment of status... don't
    > even want to think about that one yet


Hi Ian, Welcome aboard.

You need to check with the US Consulate in Oz that they still permit Direct
Consular Filing (DCF) as this can shorten the whole procedure to as little
as 3 months from start to finish.

http://usembassy-australia.state.gov...lar/index.html

She'll then enter the USA already adjusted with work-permitting conditional
permanent resident status (and all she'll then need is a US social security
number and driving licence)

--

Tim

(NB the email and Reply-To address is invalid - so for email please use "tim
at charlieb dot demon dot co dot uk")
 
Old Jul 17th 2003, 9:45 am
  #4  
Ian
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Posts: n/a
Default Re: New to Group - US Citizen married to Australian and just starting 'the process'

Thank you for the help (and for translating "DCF"!). Since she's already
been in the US as a student (and worked part time on campus) she has the SSN
as well as a state ID.

[note - venting follows]

I'll try to get hold of someone at the Consulate (Tuesday-Thursday, except
the last Wednesday of the month, excluding US or Australian Public Holidays,
between the hours of 11 and 1, but please don't call between the hours of
11-1 because we're at lunch), check on DCF and report back to the group.

I had a lovely (REDRUM!) experience with the 1800-687-844 line today, and
all for the low price of $11!

Me: Hi, I would like some advice on spouse visas
Bonehead: Um, I don't handle immigration visa enquiries. The immigration
people don't take calls.
Me: I went to the consulate website and this was the number they gave for
immigration visa enquiries. I just paid $11 for this call.
Bonehead: Um, one moment please. Hi? Can I send you an
information pack? [n.b. $5.50 for this colleciton of forms you could get on
the internet for free]
Me: Actually I'd like some questions answered for my $11. What are the
general processing times for permanent residency using the I-130? Would it
be faster to apply for the K3 visa using the I-129 so my wife can come to
the US while the I-130 is processed?
Bonehead: Um, what's a K3 visa? One moment please

et cetera!

"Tim and Crys" wrote in message
news:[email protected]...
    > "Ian" wrote in message
    > news:[email protected]...
    > > Hi all,
    > > I'm an American guy and am NOT looking for anyone to share the rent - I
    > > already found her. Having been through the relatively user-friendly
    > > Australian permanent residency status when I came to Australia and
married
    > > here, we're now looking at moving to the US. I have a job offer there
    > that
    > > would mean I go over in a month or two while she's finishing her
Master's
    > > degree (set to finish in November).
    > > It's looking a bit daunting already! Any advice on the opportunities
and
    > > pitfalls for a US-Australian couple applying from Australia would be
    > > extremely welcome. We're particularly interested in how long it will
take
    > > for her to get the K-3 and an EAD so she can join me in the US and put
her
    > > degree to work.
    > >
    > > As far as I can tell we need five forms to begin with:
    > > 1. I-130 - Petition for Alien Relative - the basic document to get the
    > ball
    > > rolling. US$130 for that privilege.
    > > 2. This will have to be accompanied by a G-325A for both of us.
    > > 3. If you like your wife and want to be with her while the US Government
    > > takes its philosophical time about processing the application, you
    > probably
    > > want a K3 visa. To obtain one you will have to fill out an I-129.
Don't
    > be
    > > put off by the fact that this form is titled "Petition for an Alien
    > Fiance".
    > > They just haven't gotten around to changing the title since, oh, August
    > > 2001. When completed this form should be mailed to the processing centre
    > in
    > > Chicago. The fee for this one is US$110
    > > 4. This form needs to be accompanied by an I-693 medical examination
    > > certificate.
    > > 5. A form I-765 Application for Employment Authorisation. The fee for
    > this
    > > is US$120.
    > >
    > > The process seems to be:
    > > 1. The American submits I-130
    > > 2. The American submits the I-129 and the 'alien' (love that term)
submits
    > > the I-765
    > > 3. The I-129 will be processed fairly quick (?), giving her a visa
    > allowing
    > > her to come to the US.
    > > 4. Hopefully the I-765 will be processed relatively quickly as well,
    > > allowing her to work when she gets there.
    > > 5. When the I-130 petition is approved, BCIS (Bureau of Citizenship and
    > > Immigration Services) will send an I-797 Notice of Approval, and sends
the
    > > petition on to the Immigrant Visa Processing Center, which will contact
my
    > > alien spouse with further information.
    > > 6. The date we submit the I-130 becomes the Priority Date. As the BCIS
    > > clears the backlog of applications, this priority date will become
    > current,
    > > which means we will then be eligible to apply for an immigrant visa if
    > we're
    > > still in Australia, or adjustment of status if she is in the US on the
K3
    > > visa.
    > > 7. I've got my wife into the US - she's working, eating Big Macs and
    > driving
    > > an SUV. Now for Phase 2 of the operation - adjustment of status...
don't
    > > even want to think about that one yet
    > Hi Ian, Welcome aboard.
    > You need to check with the US Consulate in Oz that they still permit
Direct
    > Consular Filing (DCF) as this can shorten the whole procedure to as little
    > as 3 months from start to finish.
    > http://usembassy-australia.state.gov...lar/index.html
    > She'll then enter the USA already adjusted with work-permitting
conditional
    > permanent resident status (and all she'll then need is a US social
security
    > number and driving licence)
    > --
    > Tim
    > (NB the email and Reply-To address is invalid - so for email please use
"tim
    > at charlieb dot demon dot co dot uk")
 
Old Jul 17th 2003, 10:29 am
  #5  
Tim And Crys
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Default Re: New to Group - US Citizen married to Australian and just starting 'the process'

"Ian" wrote in message
news:[email protected]...
    > Thank you for the help (and for translating "DCF"!). Since she's already
    > been in the US as a student (and worked part time on campus) she has the
SSN
    > as well as a state ID
My pleasure - good call on the SSN etc.

    > [note - venting follows]


    > I'll try to get hold of someone at the Consulate (Tuesday-Thursday, except
    > the last Wednesday of the month, excluding US or Australian Public
Holidays,
    > between the hours of 11 and 1, but please don't call between the hours of
    > 11-1 because we're at lunch), check on DCF and report back to the group.
    > I had a lovely (REDRUM!) experience with the 1800-687-844 line today, and
    > all for the low price of $11!
    > Me: Hi, I would like some advice on spouse visas
    > Bonehead: Um, I don't handle immigration visa enquiries. The immigration
    > people don't take calls.
    > Me: I went to the consulate website and this was the number they gave for
    > immigration visa enquiries. I just paid $11 for this call.
    > Bonehead: Um, one moment please. Hi? Can I send you an
    > information pack? [n.b. $5.50 for this colleciton of forms you could get
on
    > the internet for free]
    > Me: Actually I'd like some questions answered for my $11. What are the
    > general processing times for permanent residency using the I-130? Would
it
    > be faster to apply for the K3 visa using the I-129 so my wife can come to
    > the US while the I-130 is processed?
    > Bonehead: Um, what's a K3 visa? One moment please

Ah, oops. I don't blame you for the venting.

To be honest, email seems to work better for enquiries (at least in my
experience with London) Why don't you try emailing the Consulate rather
than an eleven buck (!) phone call?



--

Tim

(NB the email and Reply-To address is invalid - so for email please use "tim
at charlieb dot demon dot co dot uk")
 
Old Jul 17th 2003, 10:55 am
  #6  
 
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Default Re: New to Group - US Citizen married to Australian and just starting 'the process'

Originally posted by Ian
Thank you for the help (and for translating "DCF"!). Since she's already
been in the US as a student (and worked part time on campus) she has the SSN
as well as a state ID.

[note - venting follows]

I'll try to get hold of someone at the Consulate (Tuesday-Thursday, except
the last Wednesday of the month, excluding US or Australian Public Holidays,
between the hours of 11 and 1, but please don't call between the hours of
11-1 because we're at lunch), check on DCF and report back to the group.


et cetera!
Ian, are you a resident of some type in OZ (ie not a tourist)? If so, (and maybe even if not) DCF is *the* way to go for you. Hopefully you have someone in the US who can sift through and send you some of the personal documents you will need. My husband & I did DCF in Athens last year; the whole thing took 33 *days*. My husband then entered the US as a PR (essentially) and we filed NO AOS etc.

I recommend you save your money with the 'help' line and use the resources here. You probably can easily do this yourself. A good starting point is this website: http://k1.exit.com/dcf.html
Additionally, search the usernames DA gave you for recent, relevant experiences.

Welcome aboard!
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Old Jul 17th 2003, 2:30 pm
  #7  
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Default Re: New to Group - US Citizen married to Australian and just starting 'the process'

Originally posted by Ian
Thank you for the help (and for translating "DCF"!). Since she's already
been in the US as a student (and worked part time on campus) she has the SSN
as well as a state ID.
Ian,

Have a look at this thread - I think it answers most of your questions about DCF:

http://britishexpats.com/forum/showt...hreadid=145235

and also:

http://britishexpats.com/forum/showt...hreadid=148417

Best of luck,
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Old Jul 17th 2003, 3:18 pm
  #8  
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Default Re: New to Group - US Citizen married to Australian and just starting 'the process'

Originally posted by tbiller
Ian,

Have a look at this thread - I think it answers most of your questions about DCF:

http://britishexpats.com/forum/showt...hreadid=145235

and also:

http://britishexpats.com/forum/showt...hreadid=148417

Best of luck,

Actually this is better:

http://www.kamya.com/interview/intro.html

Click on the DFC at the top of the page and then Australia on the left and read what other couples have done in Sydney since 1999 til present.
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Old Jul 17th 2003, 5:05 pm
  #9  
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We also did DCF through the Sydney consulate in April this year. It took us only about 5 weeks from deciding to go ahead with the application to receiving the visa. We actually also applied for the K1 and started the AOS process a year earlier and decided to forget the whole thing (including losing our application fee) to do DCF as it is such a great alternative.

Back in April, the following process was current; you would need to recheck this with the consulate now of course.

You can file the I-130 application in person at the Sydney consulate on any Friday morning (no appointment needed), which I assume you could do before you leave Australia to begin your new job in the US. Once this application is approved (the consulate gave a rough estimate of 2 weeks for this), and when your wife has her medical results, police certificate and all other essentials required ready she can return her checklist to the consulate advising she is ready for the interview and have them arrange a date (they seem to be very willing work to work with you on this one). You do not need to be there for the interview, she can do this alone, and then come to the US later when she has finished her course.

As Rete said, read through the experiences on Kamya, (mine is posted there under 'Susan and Nat'). It is pretty specific. I can't recommend this method enough, your wife enters with a visa that will grant her immediate conditional permanent residency and it saves you the hassle of applying for AOS. You can virtually forget everything for at least 2 years (if you have been married less than that already) before you have to file to remove the conditions. If you have been married for over two years your wife will receive 10-year permanent residency on entry. There's nothing that beats that!!

Good Luck. Feel free to email me if you have any questions: [email protected]
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Old Jul 17th 2003, 5:19 pm
  #10  
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Rete, great to see you back again!
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Old Jul 18th 2003, 1:15 pm
  #11  
Ian
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Default Re US Citizen - Australian DCF questions

This is great advice, so thanks again (everyone)!

The first thing that comes to mind, though, is that we're in Melbourne and
Sydney is a $200+ plane trip or 10 hour drive away (could be worse - we
could be in Perth!). So three questions:
- Has the Melbourne consulate done DCF?
- If not, do you have to hand-deliver your documents to Sydney or can you
mail/courier them?
- Assuming Sydney is the only immigrant visa processing center in
Australia, and that you can send your documents by post, how many in-person
appearances are necessary?

Cheers,
Ian


"desusa" wrote in message
news:[email protected]...
    > We also did DCF through the Sydney consulate in April this year. It
    > took us only about 5 weeks from deciding to go ahead with the
    > application to receiving the visa. We actually also applied for the K1
    > and started the AOS process a year earlier and decided to forget the
    > whole thing (including losing our application fee) to do DCF as it is
    > such a great alternative.
    > Back in April, the following process was current; you would need to
    > recheck this with the consulate now of course.
    > You can file the I-130 application in person at the Sydney consulate on
    > any Friday morning (no appointment needed), which I assume you could do
    > before you leave Australia to begin your new job in the US. Once this
    > application is approved (the consulate gave a rough estimate of 2 weeks
    > for this), and when your wife has her medical results, police
    > certificate and all other essentials required ready she can return her
    > checklist to the consulate advising she is ready for the interview and
    > have them arrange a date (they seem to be very willing work to work with
    > you on this one). You do not need to be there for the interview, she
    > can do this alone, and then come to the US later when she has finished
    > her course.
    > As Rete said, read through the experiences on Kamya, (mine is posted
    > there under 'Susan and Nat'). It is pretty specific. I can't recommend
    > this method enough, your wife enters with a visa that will grant her
    > immediate conditional permanent residency and it saves you the hassle of
    > applying for AOS. You can virtually forget everything for at least 2
    > years (if you have been married less than that already) before you have
    > to file to remove the conditions. If you have been married for over two
    > years your wife will receive 10-year permanent residency on entry.
    > There's nothing that beats that!!
    > Good Luck. Feel free to email me if you have any questions:
    > [email protected]
    > --
    > Posted via http://britishexpats.com
 
Old Jul 18th 2003, 6:20 pm
  #12  
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Hi again Ian.

The Sydney consulate is the only consulate in Australia that will handle immigrant visas. Melbourne and Perth no longer handle these visas and Sydney makes it very clear in the paperwork you will need to travel to Sydney for the interview and to have the visa processed.

You as the US citizen petitioner must file the I-130 in person, hand-delivered at the Sydney consulate. Unfortunately I am sure you cannot get around that one. But as I said you can do that alone and pretty much any time you are ready (within the Friday morning timeframe of course- again, that would need to be rechecked with the consulate). Alternatively you can arrange everything (medical, police check etc.) and have the interview date set and then file the I-130 on the same day your wife has her interview. I have no idea why they allow this to be done if filing prior to the interview takes a 2 week approval period but, hey, I'm not going to fight with them over that! I'm guessing this would not work for you if you are planning on leaving Australia in the near future.

You and your wife should only need to appear once each. You to file the I-130, and her for an interview where she should receive her visa (as long as all requirements are met).

You are one of the lucky ones if you are in Sydney and can do all of this locally. Plenty of us have had to come from elsewhere (my husband and I from Adelaide), but IMO is still worth it and can still be less expensive than going through the AOS process in the US.

Something to consider anyway!
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Old Jul 18th 2003, 8:11 pm
  #13  
 
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Default Re: Re US Citizen - Australian DCF questions

Originally posted by Ian
This is great advice, so thanks again (everyone)!

The first thing that comes to mind, though, is that we're in Melbourne and
Sydney is a $200+ plane trip or 10 hour drive away (could be worse - we
could be in Perth!).

Cheers,
Ian
Oh my, you want your cake AND to eat it with a silver spoon, too?

Athens is a +$200 RT from our island home, too. We had to make *4* trips to do our DCF and travel was the single largest expense. However, the result was cheaper in the long run:
No AOS and attendant fees plus renewals.
Ability to work upon arrival.
Ability to travel out of the US.

Ability to forget about paperwork for nearly two years: priceless.

PS: OK, I cheated, we went on the ferry one time. Fancy an 18 hour ferry ride? <g> It *still* cost $100 each.
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Old Jul 18th 2003, 11:36 pm
  #14  
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Hi Ian,

The best way to obtain the information from the Consulate is by fax, they do not respond to requests by phone or email. Also they do not recognise the terminology "DCF" so you need to tell them that you wish to file at the consulate for a spousal visa. They will mail you packet 3 which has all the forms, listing of documents required etc. From my discussions with the consulate the current waiting time for an interview to be scheduled once you return the "readiness for interview form" is 4-5 weeks. Anyone who has been able to use this process highly recommends it and Sydney seems to be one of the friendliest consulates to deal with as far as I have been able to tell from other's experiences and from my own dealings with them. Desusa and Tbone are the most recent posters here to have gone through the process in Sydney so it would be well worth while reading their experiences. They both posted detailed descriptions which is very helpful. Spending $200 to fly to Sydney will be money well spent in the longer term for the benefits your wife will gain in being able to enter the US as a CPR. I think I am correct in saying that once the interview is scheduled you can combine your trip to Sydney for the interview with filing the I130, this can be done on the Friday morning before the interview.

Good luck

Kate
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Old Jul 19th 2003, 9:21 am
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Originally posted by surfsbabe
Hi Ian,

The best way to obtain the information from the Consulate is by fax, they do not respond to requests by phone or email. Also they do not recognise the terminology "DCF" so you need to tell them that you wish to file at the consulate for a spousal visa. They will mail you packet 3 which has all the forms, listing of documents required etc. From my discussions with the consulate the current waiting time for an interview to be scheduled once you return the "readiness for interview form" is 4-5 weeks. Anyone who has been able to use this process highly recommends it and Sydney seems to be one of the friendliest consulates to deal with as far as I have been able to tell from other's experiences and from my own dealings with them. Desusa and Tbone are the most recent posters here to have gone through the process in Sydney so it would be well worth while reading their experiences. They both posted detailed descriptions which is very helpful. Spending $200 to fly to Sydney will be money well spent in the longer term for the benefits your wife will gain in being able to enter the US as a CPR. I think I am correct in saying that once the interview is scheduled you can combine your trip to Sydney for the interview with filing the I130, this can be done on the Friday morning before the interview.

Good luck

Kate
Good advice from someone who has been there. I have one clarification to add for everyone's benefit:

If you use the term 'spousal visa' it *may* be open to mis-interpretation. The same goes, as Kate says, for "DCF". The most accurate question to ask is "may I, a USC (resident/not resident) in your country, file a petition I-130 on behalf of my spouse, a citizen of your country?" The visa the alien applies for from this petition is an Immigrant Visa, Immediate Relative.
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