TRANSCRIPT

Online Chat – August 25, 2005

U.S. Visas for American Citizen Family Members

Admin: Welcome to the chat. Please begin asking your questions.

ameristralian: I'm a U.S. citizen and I only worked for 1 year, I got my tax returns and have a co-sponsor and he has his 3 tax returns do I still need mine or is hat going to cause a problem because I don’t have 3 just 1,.../Consulate

Consulate: Response to ameristralian: If you are taking about an Immigrant visa application, we still require your last three years tax returns as well as those of the joint sponsor. If you were not required by law to file these returns then you must submit a written explanation as to why you were not required.

Ameristralian: Ah thank you, but I am inquiring on what the IRS sends us, the tax transcripts which show all the totals and whatnot. Are they ok to use?

Ameristralian: I've been told by other people they are accepted.

ameristralian: In high school I went under another name for the las2 years in high school, nothing legal was done no documents were signed or anything it was just another name people called me, I already have my police certificate and its clean no crimes no nothing, we talked to a lawyer and he said it was fine since we didn’t write that name on the G325A and the DS2000 part one and part 2 we also asked government officials as well and they told me that if there was nothing legal signed I shouldn’t have a problem, but on our interview date will it actually be a problem

Consulate: Response to ameristralian: Yes, as long as we can see that the transcripts are from the IRS.

Ameristralian: I won't open the envelope, thanks a ton and good luck to all!

Consulate: Response for ameristralian: You will need to advise this name in the Alias section of the DS-230.

ameristralian: what if we already sent in the DS 230 and didn’t write it in

Consulate: Response to ameristralian: You will need to advise the officer at the time of interview.

ameristralian: Ok, and if I do that will that get me a denied? I don’t want them thinking I wanted to lie or conceal information, would it be alright if I just told them on the spot?

Consulate: Response to ameristralian: Providing us complete information will not prejudice your application.

ameristralian: what about the police records will that then delay our interview because they nahe to run that name on the system

ameristralian: so far so good just a few q. we have some trouble with

ameristralian: will it cause problem cause the other name and the police record being one under my birth name do I need one with that other name

ameristralian: so if we tell my other name at the interview on the same day it will be fine they just write that down no problems with that at all?

Consulate: Response to ameristralian: As the name you were also known as in school was not a legal name you do not need to worry about getting another Police Certificate.

Chrystie: I'm a US citizen and my spouse is Australian. We are moving to the US in 8 weeks. How I can bring my spouse to the US while his petition is pending?

Consulate: Response to Chrystie: Please be more specific. What type of petition are you referring to?

Dan L: My father is a US citizen, I am Australian. I want to be able to live and work in the US. Is there anyway for me to obtain a visa? I've enquired to the Sydney consulate about trying to transfer his citizenship over to me but he falls a few months short of the required criteria.

Consulate: Response to Dan L: You may want to apply for a non-immigrant working visa, please refer to the attached link for instructions on how to apply. http://sydney.usconsulate.gov/consular/visawork.html

Dan L: Thanks. If I wanted to immigrate to the US, what are the chances of being able to receive an immigrant visa?

Consulate: Response to Dan L: Your eligibility for the visa type you are applying for is determined by the Consular officer at the time of interview.

Kim F: when a k3 visa is issued is it possible to return to collect and when would it be ready for collection?

Consulate: Response to Kim F: Our office is not able to issue visas the same day, you may come back the following afternoon between 3.30-4.00pm to collect your visa.

Kim F: thank you

Nick S: US Citizen/British wife-married in Aust.

Tiffany P: I am an US citizen and my husband is Australian. We are looking to move back to the US soon. I am currently on maternity leave and if we move back to the US, my husband will only be working. How should we handle the question around sponsoring when he has the only income?

Consulate: Response to Tiffany P: In order to demonstrate your financial position you may need to look at getting a joint sponsor. A joint sponsor must be a US Citizen or Lawful Permanent Resident living in the US.

Admin: Advance Question 1: The USA & Australia recently negotiated for a "Free Trade Agreement" USA-Australia E3 Working Visa. Apart from the masses of media reports by politicians, I have not heard details of this visa - application forms, prices, etc. It has been more than 2 months since it was announced.

Admin: Answer: There will be a new visa category for Australians to work in the U.S. For now, we have no information.

Admin: Advance Question 2: I am an Australian Citizen and I am planning to go to Montana in around early May 2006. I would like as much information as possible on what is required for my two daughters and I to gain permanent residency.

Admin: Answer 2. There are a few different ways in which to qualify to immigrate to the US. Sponsorship cannot be through a friend and must be through an immediate family member. Please refer to the attached link for information on the different ways to immigrate to the US. http://uscis.gov/graphics/services/residency/index.htm

Admin: Advance Question 4: What type of visa do we need if we cannot apply for residency straight away, will a one year tourist/business be sufficient?

Admin: Answer 4. It really depends on the purpose of your travel to the US. If you travel on a tourist/business visa you are not able to work nor are your children able to attend school and you can only remain in the US for a maximum of 6 months at the discretion of Immigration officials at the Port of Entry. You may need to look at applying for a Working visa or a Student visa if you are hoping to stay for a longer period of time. You may refer to our website for instructions on how to apply. http://sydney.usconsulate.gov/consular/niv.html

Admin: Advance Question 5: Can I work while over there?

Admin: Answer 5: You can only work on a Working visa.

Naomi S: My husband is USC and has been retired past 3 years and receives a monthly gov. retirement check. He is returning to work within the next few months. His retirement monies puts him just below the amount required. Will the short time he is back at work in conjunction with his retirement monies be sufficient to qualify as the sponsor.

Consulate: Response to Naomi S: Satisfying the requirements for the affidavit of support is at the discretion of the Consular officer. In cases where seeking temporary employment is the only way to meet the poverty guidelines the officers will usually ask for a joint sponsor.

EBarnes: for a family visa interview what types of evidence do you most prefer? Pictures, emails? Do you like phone records etc? Thanks!

Consulate: Response to EBarnes: Please be more specific, what type of visa are you applying for?

EBarnes: for a CR-1 Visa

EBarnes: I'll ask this again since I wasn't specific enough last time. We are applying for a CR-1 visa, what types of evidence of the relationship do you most prefer?

EBarnes: for the interview that is.....

Consulate: EBarnes: Have your received the paperwork from our office with the instructions of what is required for the final interview? The reason I ask is because all of this information is listed step by step of what is required.

EBarnes: No I haven't, all I wanted to know is if you have a preference for what types of evidence you like. I know what to bring, just wondered if there was a preference on your side of it all. +++++++++++++++EBARNES

Admin: Advance Question 6: Do I need to have already purchased return tickets for my children and I before we leave?

Admin: Answer 6: We do not recommend purchasing airline tickets until you have received an approved visa in your passport.

Admin: Advance Question 8: What do I need to do to be able to work while over there?

Admin: Answer 8: A working visa is required, please refer to our website for instructions.

mellie: We are applying for a K1 visa, I have been married twice before, to the same person. Because of this, the first divorce was nullified and impounded and cant get a certified copy. Should I send something to my fiancé stating this from the US courts for his interview, or will the certified copy of the second divorce be sufficient?

Consulate: Response to mellie: If the first and second marriages were to the same person then a certified copy of the document which ended the first marriage is not as important. The certified copy of the divorce decree of the second marriage is essential.

mellie: thank you very much

mellie: Is there a specific form that the police clearances need to be done on, or can we go ahead and get it ahead of time?

mellie: If applying for K-1, can we get packet 3 ahead of time, there has been some confusion. Also, is there a form the police check needs to be done on sent by Consulate? At interview, are visas issued immediately or next day?

Admin: Advance Question 7: How much money do we need to have with us to be eligible to enter the States?

Admin: Answer 7: There is no set amount of money that you must have, however you must be able to prove to the officer that you are able to financially support yourself without having to work unless of course on a Working visa.

Tiffany P: In regards to the 6 month validity of the spouse visa, if my husband doesn't get a job within the 6 months and we don't move back to the US within the time period, can we get an extension?

Consulate: Response to Tiffany P: You will be required to post everything back to our office with an explanation as to why you did not enter within the 6 months. In limited circumstances we can reissue an immigrant visa for an additional 6 months, unfortunately applicant are required to pay the application fees again. Keep in mind that Police and Medical clearances are only valid for 12 months from the date of issuance.

Admin: Advance Question 9:My fiancé is currently filling out paperwork for her visa, to present on her visit to the Consulate in Sydney.

Admin: Answer 9: 11th October 2005 is currently the first available appointment. The only fee at the time of the interview is the application fee AUD$130.00 payable at Australia Post. The appointment letter will be posted out within 10 working days.

Admin: Advance Question 10: My mother was born in the US and Is an American citizen. My father is deceased. I was born in Australia. At what age do I have to choose citizenships? May I choose duel citizenship? What is the procedure?

Admin: Answer 10: As we will only be answering Visa questions today please send an email to our American Citizen Services section for an answer to your question. Email: sydneyacs@state.gov

Chrystie S: My spouse is a US citizen and I'm Australian. We're moving to US in 8 weeks. Do I need to file K3 visa in order to move over there while I130 is pending?

Consulate: Response to Chrystie S: You will be required to obtain an approved immigrant visa if your family will be moving to the US. When did your husband file the petition?

Chrystie S: Will a transcript of this chat be available on the US Consulate website?

Consulate: Answer to Christie S: Yes, in around 48 hours.

Admin: Advance Question 11: Thank you for taking my question. I am the Husband of an American Citizen and we are traveling to the US in September to visit relatives. Are there any new Visa arrangements I must be aware of and comply with?

Admin: Answer 11: As long as you meet the requirements of the Visa Waiver Program you may use this to travel to the US. http://sydney.usconsulate.gov/consular/visawaiver.html

Admin: Advance Question 12: I just wondering I got married to a us citizen in June this year I was wondering while he is doing the forms to bring me back can I go there and live and work while they being done he was born in the usa hope you can help

Admin: Answer 12: If you are intending to immigrate to the US you cannot enter until all of the paperwork has been approved and you have the correct documentation to enter as an immigrant.

Admin: Advance Question 13: I have a quick question about renewing my son's US passport due to expire in 2 months. He was born in the United States, has held the passport for 10 years, and although just 11 years old, is keen to retain it (and his US citizenship). Our family lived in the USA for 8 years with resident alien status, my husband senior scientist with Pfizer pharmaceuticals, although returned to Australia 5 years ago.

Admin: Answer 13: As we will only be answering Visa questions today please send an email to our American Citizen Services section for an answer to your question. Email: sydneyacs@state.gov

Dan L: If I were to be rejected for an immigrant visa, would this affect my ability to travel to the US under the VWP? Will the immigration officer at port of entry be able to see that I have been rejected before?

Consulate: Response Dan L: Yes, you would not qualify to use the VWP and yes they would know!

Consulate: Message From Dan L: There are many different types of immigrant visas, please refer to the attached link to see how you may qualify. http://uscis.gov/graphics/services/residency/index.htm

Kim F: Actually I would like to add to Ebarnes question. I have received an interview date for K3 and all the paperwork etc but it does not list any personal information i.e. photos flight info etc Should I bring all this documentation and will it be looked at and considered or is it a waste of your time?

Kim F: I thought it was 6 months for the police checks and 12 for the medical???

Kim F: can you confirm that it is 12 months for the police checks validity here in Australia?

EBarnes: That is what I thought too Kim.

Consulate: Response to EBarnes: Each case is different so whatever you are able to provide, photos, emails, phone records etc, is fine.

EBarnes: Thanks

Admin: Advance Question 14: I am a US citizen living in Sydney for the past 15 years. My wife is an Australian citizen and my daughter has also been born in Australia. We would like to permanently move to the US. Can you tell what steps my wife and daughter have to take for US immigration? What steps would my wife have to take if she wishes to apply for work in the US?

Admin: Answer 14: (Long answer) The immigration process should be started 6 months before the intending immigrant intends to enter the U.S. Refer to the website. http://sydney.usconsulate.gov/consular/visafiancee.html

Admin: If you are entering the US as the spouse of a US Citizen you must enter on a family based immigrant visa. The US Citizen sponsors the spouse for immigration by lodging the petition I-130. The petition can be lodged in the following way:

Admin: 1. If the US Citizen Spouse is residing in the US the I-130 petition is lodged at the Immigration and Naturalization Service (INS) office having jurisdiction over the US Citizens place of residence. The INS will write to the petitioner acknowledging receipt of the petition, and will indicate the current processing time, which is usually between 2 and 4 months. Once approved, the INS will post the petition to Sydney Consulate. It can take between 2 and 6 weeks to arrive at the Sydney Consulate. Upon receipt of the approved petition, Sydney Consulate will forward packet 3 information, to the applicant or to the applicant's lawyer. The packet 3 gives full instructions to the applicant of the documentation required to be presented to the Consulate on the day of interview. The interview can only be scheduled once the Consulate has received the approved petition from the INS, the applicants OF 230 part 1 biographic data and notification in writing from the applicant that he/she is fully prepared for the interview (including completed medical exam and police report). The appointment date will be set for approximately 4-8 weeks later.

Admin: 2. If the US Citizen Spouse is residing in Australia the petition can be lodged at Sydney Consulate. The petitioner can either post the petition and supporting documentation to the Consulate, however the Consulate will retain the US Passport for at least 10 working days. Alternatively, the US Citizen Spouse may lodge the Petition and supporting documentation in person at Sydney Consulate on any Thursday from 8.00 am to 11.45am, excluding American and Australian holidays. The US passport will be returned to the petitioner at that time. Once the petition is approved, and the applicant has returned the OF 230 Part 1 biographic data and notification in writing from the applicant that he/she is fully prepared for the interview (including completed medical exam and police report). The appointment date will be set for approximately 4-8 weeks later.

Admin: 3. If the US Citizen resides in the US but is coming to marry in Australia, the petition may be lodged after the marriage at Sydney Consulate. The US citizen must be physically present in Australia at the time the petition is lodged. The petition can be lodged by mail or in person as stated above. Alternatively the US Citizen may accompany the applicant on the day of interview and lodge the petition at the interview. For this to occur, the beneficiary (intending immigrant) would have had to return the OF 230 part 1 Biographic Data and notification in writing from the applicant that he/she is fully prepared for the interview (including completed medical exam and police report) at least two months prior the proposed wedding date in Australia. The Consulate will try to schedule the appointment on the first Monday or Tuesday after the wedding.

Admin: 4. If the US citizen resides in the US but wishes to lodge the petition at Sydney Consulate the US Citizen must travel to Australia to lodge the petition by mail or in person as stated above. The Consulate can only approve the petition if the US Citizen is physically present in Australia.

Admin: The applicant will be notified by mail of the appointment date. If the applicant is found eligible for an immigrant visa at the interview the visa is usually issued on the day. The visa is issued as one single entry valid for 6 months. However, airline bookings to the US should not be made until the intending immigrant has been issued with the visa.

Admin: Provide the following: Mailing address, Length of marriage Number of children accompanying you and indicate if they are US Citizens.

Tiffany P: It's a bit of a catch-22, do you apply for the spouse visa and hope to have a job in 6 months or do you try to find a job without having a visa. Do you have any advise on how we should proceed?

Consulate: Response to Kim F: It is your responsibility to demonstrate that you have a legitimate relationship, hopefully you will not need everything but it is better to have it and not need it than vise versa.

Consulate: Response to Kim F: Yes, 12 months for the Police Certificate and Medical.

Consulate: Response to Chrystie S: Yes, within 48hrs

Admin: This chat has now finished. All questions received to this point will be answered in the transcript and posted. A transcript will be available on the website in around 48 hours.

Admin: Thanks to everyone for participating. We hope we managed to answer everyone's questions.

EBarnes: Thanks for the help

Kim F: thanks for the chat session

Kim F: will this be a regular thing you do?

Message From Admin: Hi Kim. Yes, we hope to do chats about once a month - Admin

Mackenzie: I'm sorry if you've already answered my question- I’ve only just logged on, but I was wondering if a criminal conviction would preclude me from getting a green card for my husband. It was 20 years ago. Thanks.

Ann: And will there be more regular visits from the Consular to Brisbane (How many times per year do they visit now)?

Kim F: neat

Consulate: Response to Mackenzie: Just to clarify are you the US Citizen?

Consulate: Response to Arthur K: Did you apply for and receive advance parole from DHS?

Message From Arthur K: no, I did not receive advance parole

Consulate: Message From Arthur K: Unfortunately it sounds like you will need to reapply for a Spouse visa. You may come into our office on any Thursday (except US and Australian Public Holidays) to discuss your case further.

Arthur K: thank you again

Consulate: Message From Arthur K: You are not required to have an appointment for Immigrant visas on Thursdays, you must come between 8.00am - 11.45am. This does not include final interviews.

Mackenzie: Sorry, yes I am the American, and am thinking of moving back to the States because I have family there. His conviction was 20 years ago.

Ann: Thanks for that!

Consulate: Response to Mackenzie: Not every conviction results in a visa ineligibility, visa ineligibilities are determined by the officer at the time of interview.

Consulate: Response to Naomi S: Satisfying the requirements for the affidavit of support is at the discretion of the Consular officer. In cases where seeking temporary employment is the only way to meet the poverty guidelines the officers will usually ask for a joint sponsor.

Consulate has left the room.

ameristralian: I was wanting to ask the question on what’s the difference between a denial and inadmissibility and what are the grounds but they left =(

nikki: anyone know about including child support as income

Kim F: good question for the next one though

Admin: If you have any further questions please send them to amvisa@state.gov

Admin: To exit the chat room, just click on "logout" on the bottom right side of the chat portal. Thanks again to everyone - Admin

Kim F: thanks admin and see you next time...

Admin: This chat has now finished. All questions received to this point will be answered in the transcript and posted. A transcript will be available on the website in around 48 hours. If you have any further questions please send them to amvisa@state.gov