Visa question

[David E]

John

Sorry you seem to be getting a lot of conflicting advice.

I will tell what my Lawyer told me, and what my plan was to get Ming to Australia permanently, as quickly and as efficiently as possible under a spouse visa (309)

1) Make at least 3 visits to China to meet her, her family and her friends.
2) Make sure all documentation (air tickets, hotel receipts etc) are kept
3) Make sure that we establish a frequent communication via QQ or similar and keep records of the conversations.
4) Make sure we also communicate via personal email, again keep records of all correspondemce
5) Make sure Ming gets serious about learning English
6) Get married in China !!
7) Send her some money regularly and keep records of it (the amount is not so important, but must be regularly)
Apply for a 309 (spouse visa) ) After a case number is given to Ming, apply for a tourist visa.

This was the plan we followed......and will continue until all is resolved. So far, no hitches !!!

I was told that it is impossible for her to get a tourist visa as a single woman, because of the overstay fears. I was told NOT to apply for a tourist visa until the case number was given. They will allow a tourist visa once they know you have applied for 309 visa.


I was given 50 or so typical questions that are asked at interview and my Lawyer told me to make sure Ming knew, understood, and could answer all of these questions.


ps...I have no idea why the "smilie" popped up instead of the number 8 in the text...cant get rid of it !!!

[mustfocus]

Hey David,

The smile popped up because that is the code to generate that icon.  Next time put a space between the 8 and the ) and you should be fine...

Sounds like your government is similar to our... not sure about the money part, but the rest is similar to what we have to go through here in Canada.

[JOHN1964]

thanks, David, I have done all the steps you mentioned up until the last one, I dont think that we will bother with the visitors visa again, I like China a lot and enjoy the time i spend there, MinYing loves to take me to see her family and friends over there and i plan to return soon, She does not mention the visitors visa anymore she is just focused on learning English now.
Happy new year to one and all,,regards MinYing and John

[David E]

Thanks MF...next time the dreaded smilies wont get me !!!

My Lawyer told me that one of the most convincing ways to demonstrate the relationship to our Immig. Dept was to show that your spouse was being financially integrated into your life. It is a
powerful arguement to them.

He advised that there are several ways that this can be achieved...

Send money to her regularly...this is easy to do on-line now.
Create a joint Bank Account...not easy to do in China..tried it..failed !!
Add her to the title deeds of your home...OK if you own it, difficult if you have a mortgage in your name.
Register her as joint tenants for electric, gas, telephone and utility Bills...so both your names show on the Bill

For me, the easier option was to set up a standard transfer every month to her Bank Account in Chengdu...costs me $10 for the transaction fee.
I also gave her a Cash Card when I was there that she can use to access money from my account here in Perth. Obviously, I have an audit trail on this to show the Immig. Dept.

I truly dont know just what the minimum requirements are that demonstrate the genuine nature of a relationship, but I guess my attitude is that if you give them a lot more than they want, you are much safer than giving them less than they want !!!

So far, so good. After 3 months in the queue, they have asked for her passport to be sent to Shanghai and asked her to complete another form...(886 Settlement Details), which is usually the process followed when the visa is approved..here's hoping 

[lfputman3]

David E is on to a genuine point that most western nations will not ignore, the money trail.  If they can track that you are giving financial support and there is no way for them to deny that you are providing financial support it, they have less to argue about.  Some immigration departments will still look for issues, such as US Immigration, because they, like the IRS feel it is there obligation to make your life a living hell.  However, government taxation departments will tend to back you if you are providing financial support, just in the US, be prepared to deal with the Feds watching where you are sending the money.

Lloyd