Onshore Defacto Spouse Visa Questions

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Onshore Defacto Spouse Visa Questions; split from Dana's FBI Processing Timeline
Topic Started: May 26 2010, 08:43:44 PM (1,153 Views)
delilah514	May 26 2010, 08:43:44 PM Post #1
Chinwagger Posts: 59 Group: Members* Member #3,443 Joined: Jan 2, 2010 I come from... Riverside, CA, USA I now live in... Sydney, NSW, AUS	Hey Dana, Which visa did you apply for? I am getting ready to apply for a Defacto Partner visa. Looks like you applied off shore is that correct? I am in Australia now on the WHV and I am going home soon as the visa is up. I was going to come back on a tourist visa and apply for the partner visa when I get back. Now I am wondering if it would make more sense to apply offshore since it is cheaper and I am going back to the US anyway and will be there till the end of July. I have not even got my background check into the FBI yet, I am such a slacker! I thought I had tons of time and all of a sudden time is running out. If all goes as planned I will have it in the mail tomorrow (that is if some bad guy isn't using the fingerprinting room at my local police station...I tried to do it today and the room was in use!) This whole thing is driving me nuts! There is so many things to do and so little time!!
	Melissa


Lil D Down Under	May 28 2010, 07:17:49 PM Post #2
Chinwagger Posts: 71 Group: Members* Member #3,561 Joined: Feb 27, 2010 I come from... Santa Cruz/San Francisco/Orange County CA I now live in... the Central Coast, NSW I'm planning to move to... Santa Cruz, CA with my Aussie's permission!	Melissa- I was going to do like you had originally planned to: just come over on a visitor's visa and apply onshore, but I'm a goody goody and was worried that if I got here and immediately started the De Facto Spouse Visa process I could get in trouble. As I have often read on the board, there is no guarantee that once you get here on that visitor's visa that they will grant you the DS visa and then what will you do if it is rejected here? I'm not sure you can go back to the States and reapply (money, doctor's visits and all). I just didn't want to risk it so I think it would make more sense to get those fingerprints off ASAP if you haven't already and wait it out in the States (and hopefully it'll come in before you need it to anyway). Good luck, the process is long and a pain in the ass, but luckily you only have to do it once and then you're back and a permanent resident enjoying the free healthcare, haha
	Dana Little D Down Under


delilah514	May 30 2010, 08:36:29 PM Post #3
Chinwagger Posts: 59 Group: Members* Member #3,443 Joined: Jan 2, 2010 I come from... Riverside, CA, USA I now live in... Sydney, NSW, AUS	Lil D Down Under May 28 2010, 07:17:49 PM Melissa- I was going to do like you had originally planned to: just come over on a visitor's visa and apply onshore, but I'm a goody goody and was worried that if I got here and immediately started the De Facto Spouse Visa process I could get in trouble. As I have often read on the board, there is no guarantee that once you get here on that visitor's visa that they will grant you the DS visa and then what will you do if it is rejected here? I'm not sure you can go back to the States and reapply (money, doctor's visits and all). I just didn't want to risk it so I think it would make more sense to get those fingerprints off ASAP if you haven't already and wait it out in the States (and hopefully it'll come in before you need it to anyway). Good luck, the process is long and a pain in the ass, but luckily you only have to do it once and then you're back and a permanent resident enjoying the free healthcare, haha See now I was worried that if I apply from the US they will look at it that we are not in a Defacto relationship since I am living in another country then my partner. That's why I thought I needed to come back on the tourist visa. We have been together for two years, but did not actually live together until July last year as we spent the first year doing the long distance thing, me in the US & him in Australia. My partner knows some people at his work that have applied for the defacto visa while here on the tourist visa and had no problems. One was even approved in just 2 weeks! I guess we will just have to see what happens. I did just get my FBI check in the mail last Thursday. I have the medical this Friday & in 2 weeks I will be back in the US & will start organizing all of the other "proof of relationship" that we need. Should be fun!
	Melissa


blarg	May 30 2010, 11:35:23 PM Post #4
True Blue Mate Posts: 977 Group: Members** Member #2,865 Joined: Oct 18, 2008 I come from... Portland, Oregon I now live in... Sydney Area, NSW	You can apply from the US. The criteria is that you aren't separate and apart on a permanent basis. So if you explain to them that you're in the US to comply with visa regulations and that you absolutely plan to move to Australia or have your partner come here, then there won't be an issue.



Lil D Down Under	Jun 4 2010, 12:08:19 AM Post #5
Chinwagger Posts: 71 Group: Members* Member #3,561 Joined: Feb 27, 2010 I come from... Santa Cruz/San Francisco/Orange County CA I now live in... the Central Coast, NSW I'm planning to move to... Santa Cruz, CA with my Aussie's permission!	Agreed with Blarg, that's exactly what I said and did and miy timeline added up to right around the year mark that we had been living together from when I sent in my visa stuff so that is not a problem from my experience. You just say, the only reason we are apart is because we have to wait for the visa to be processed, otherwise we wouldn't choose to be. Good luck whichever way you choose to go!
	Dana Little D Down Under


jess	Jun 4 2010, 01:28:04 PM Post #6
Anklebiter Posts: 15 Group: Members Member #3,537 Joined: Feb 16, 2010 I come from... Outside Boston I now live in... Melbourne I'm planning to move to... Melbourne	Don't you just love their crazy cohabitation requirement?? They want you to live together for exactly a year, but of course you're probably not on a visa that lets you stay here one day over that. And to top it off, you're "not supposed" to come on a whv just to get the cohabitation requirement. How, exactly, do they think anyone can meet those requirements?? Silly. I'd bet almost everyone applying for defacto and spouse visas has had lots of long distance time in their relationship. I'm giving them a big stack of phone bills for the four months we were apart between living in NZ and Melbourne. Hopefully they'll agree that no one would spend so much $$ and time on the phone to Australia if they weren't in a relationship!



Lil D Down Under	Jun 4 2010, 07:41:16 PM Post #7
Chinwagger Posts: 71 Group: Members* Member #3,561 Joined: Feb 27, 2010 I come from... Santa Cruz/San Francisco/Orange County CA I now live in... the Central Coast, NSW I'm planning to move to... Santa Cruz, CA with my Aussie's permission!	Jess- I completely agree! I got lucky and met my Fiance on an International Student Visa and then stayed on after I graduated on a WHV, but I don't know how other people do it when, as you said, most visas are good only for a year from the day you enter!
	Dana Little D Down Under


minx	Jun 4 2010, 08:43:37 PM Post #8
True Blue Mate Posts: 755 Group: Members** Member #108 Joined: Feb 18, 2007 I come from... South Florida I now live in... somewhere in the hills...	jess Jun 4 2010, 01:28:04 PM Don't you just love their crazy cohabitation requirement?? They want you to live together for exactly a year, but of course you're probably not on a visa that lets you stay here one day over that. And to top it off, you're "not supposed" to come on a whv just to get the cohabitation requirement. How, exactly, do they think anyone can meet those requirements?? Silly. I'd bet almost everyone applying for defacto and spouse visas has had lots of long distance time in their relationship. I'm giving them a big stack of phone bills for the four months we were apart between living in NZ and Melbourne. Hopefully they'll agree that no one would spend so much $$ and time on the phone to Australia if they weren't in a relationship! Australia has their 'crazy cohabitation requirement' for a very good reason. Some people actually make multiple trips to Australia, and have no issues with meeting the perfectly legitimate requirements for their spouse visa. Some people actually spent years going back and forth, on a visitors visa - it can be done.



blarg	Jun 5 2010, 10:24:17 PM Post #9
True Blue Mate Posts: 977 Group: Members** Member #2,865 Joined: Oct 18, 2008 I come from... Portland, Oregon I now live in... Sydney Area, NSW	Well, you either live together outside of the country, or you get something like a 457... I was just happy that they had the visa at all, as I can't get my partner into the US.



jess	Jun 16 2010, 12:42:18 PM Post #10
Anklebiter Posts: 15 Group: Members Member #3,537 Joined: Feb 16, 2010 I come from... Outside Boston I now live in... Melbourne I'm planning to move to... Melbourne	I know, I know, you're all right. It does make sense to prove that you've cohabitated, and it makes sense to make the application as complicated as it is too to prevent people just deciding to hook up for a visa. That said, when you're stuck in the middle of the process it all feels like a big pain! Can't WAIT to have an approval letter in my hot little hands. What a relief that'll be!



melharris24	Aug 16 2010, 08:30:25 PM Post #11
Chinwagger Posts: 79 Group: Members* Member #3,723 Joined: Jun 10, 2010 I come from... suburb bordering IN/IL state lines near Chicago I now live in... Sale about 3 hours from Melbourne I'm planning to move to... staying here for a while :)	minx Jun 4 2010, 08:43:37 PM jess Jun 4 2010, 01:28:04 PM Don't you just love their crazy cohabitation requirement?? Some people actually make multiple trips to Australia, and have no issues with meeting the perfectly legitimate requirements for their spouse visa. Some people actually spent years going back and forth, on a visitors visa - it can be done. I don't think that they are crazy but give a little bit when applying at least! my partner and I couldn't afford to be flying back and forth from the US and we didn't want to be separated for long periods of time. He has children here so he can't just fly away all the time and I needed to work. I'm on the work and holiday visa now to get out 12 months down I don't like doing it that way but as I am still finishing my degree it was the only way it would work out. It's a bit of a pain to have to apply on almost the last day of my visa just to meet the 12 month requirement at least let me apply 11 months in lol so I don't have to worry about bridging visas and all that!



beckagator	Aug 27 2010, 12:58:02 PM Post #12
True Blue Mate Posts: 313 Group: Members** Member #3,897 Joined: Aug 17, 2010 I come from... The Land of Dixie I now live in... much farther south!-yay Melbourne I'm planning to move to... closer into the city	Lil D Down Under May 28 2010, 07:17:49 PM Melissa- I was going to do like you had originally planned to: just come over on a visitor's visa and apply onshore, but I'm a goody goody and was worried that if I got here and immediately started the De Facto Spouse Visa process I could get in trouble. As I have often read on the board, there is no guarantee that once you get here on that visitor's visa that they will grant you the DS visa and then what will you do if it is rejected here? I'm not sure you can go back to the States and reapply (money, doctor's visits and all). I felt the same way, A and I thought about just getting married and then I could apply for the visa while I was visiting Australia, but then what if my visa didn't get approved and we were married and then living on other sides of the world. If my visa doesn't go through we are just gonna have to move to a new country!


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