HELP! Subclass 300 PMV processing time

[MAS1]

Hello All,

In January 2010 I applied for a Subclass 300 Prospective Marriage Visa in the USA to migrate to Australia. My application was accepted and my case officer says all is well EXCEPT that I haven't received my criminal record check from the FBI yet. I contacted the FBI's customer service desk and spoke with an automaton who said it would be another 8 weeks before I can get a simple letter stating that I don't have a criminal record. It seems unfair that one inept department can hold up the entire process. My fiance and I had planned on getting married in April since we assumed I would have my visa by then but now things are not looking very good for meeting that date. I know this news will absolutely break my fiance's heart since we are very much in love. The thing that makes this all more frustrating is that I had an intensive background investigation performed for my current job and I currently hold a Top Secret security clearance with the U.S. Department of Defense.

My question is: What sorts of experiences have others had recently with obtaining the FBI criminal record check in the US? I have heard that people were getting them in 4 weeks but now they are telling me 13 weeks! Also... Is there any other alternative character check that anyone knows of? I wrote to my case officer and he says I need to wait on the letter from the FBI and then he will finalize my application.

Thank you for allowing me vent my frustration. Any information you can provide me will be greatly appreciated.

MAS1

[amaslam]

Unfortunately there isn't an alternative document, the USA PCC requires two docs: 1 from the FBI and 1 from your local police dept (state or city). When I applied for mine it took 4 months so the 13 weeks is not out of bounds.

Ask your CO if you can get married before the visa arrives and then apply all the info received to a Spouse visa instead?

Originally Posted by MAS1

Hello All,

In January 2010 I applied for a Subclass 300 Prospective Marriage Visa in the USA to migrate to Australia. My application was accepted and my case officer says all is well EXCEPT that I haven't received my criminal record check from the FBI yet. I contacted the FBI's customer service desk and spoke with an automaton who said it would be another 8 weeks before I can get a simple letter stating that I don't have a criminal record. It seems unfair that one inept department can hold up the entire process. My fiance and I had planned on getting married in April since we assumed I would have my visa by then but now things are not looking very good for meeting that date. I know this news will absolutely break my fiance's heart since we are very much in love. The thing that makes this all more frustrating is that I had an intensive background investigation performed for my current job and I currently hold a Top Secret security clearance with the U.S. Department of Defense.

My question is: What sorts of experiences have others had recently with obtaining the FBI criminal record check in the US? I have heard that people were getting them in 4 weeks but now they are telling me 13 weeks! Also... Is there any other alternative character check that anyone knows of? I wrote to my case officer and he says I need to wait on the letter from the FBI and then he will finalize my application.

Thank you for allowing me vent my frustration. Any information you can provide me will be greatly appreciated.

MAS1

[MAS1]

Originally Posted by amaslam

Unfortunately there isn't an alternative document, the USA PCC requires two docs: 1 from the FBI and 1 from your local police dept (state or city). When I applied for mine it took 4 months so the 13 weeks is not out of bounds.

Ask your CO if you can get married before the visa arrives and then apply all the info received to a Spouse visa instead?

Thank you for your prompt response. I suppose my frustration lies in the fact that public servants here in the US aren't very helpful and don't seem to have a shred of compassion... at least at the Federal level. My local police report only took 1 week to have it delivered. Same with my health check... 1 week from scheduling my exam to report in the hand of my CO.

I spoke with the Australia Embassy a while back and they mentioned about traveling to Australia for my wedding but then I would have to return to the US to finalize my visa application. Does that make any sense? Why would I have to return to the US once I marry an Australian citizen?

MAS1

[amaslam]

Hi MAS1:

The reason for returning to the US is the type of application. There is a concept of Offshore and Onshore.

So since your PMV was applied for offshore to complete it validly you need to be offshore (outside AU) to receive your visa. Note offshore just means outside AU so any country is valid (NZ for example).

If your application was onshore instead, then you'd need to be IN Australia to receive your visa validly.

If you were applying offshore and IN Australia when the visa was granted then it is an invalid visa and your efforts would be down the drain.

Yes, it bureaucratic, but that's the rules of Immi and not discretionary for the Case Officer.

Originally Posted by MAS1

Thank you for your prompt response. I suppose my frustration lies in the fact that public servants here in the US aren't very helpful and don't seem to have a shred of compassion... at least at the Federal level. My local police report only took 1 week to have it delivered. Same with my health check... 1 week from scheduling my exam to report in the hand of my CO.

I spoke with the Australia Embassy a while back and they mentioned about traveling to Australia for my wedding but then I would have to return to the US to finalize my visa application. Does that make any sense? Why would I have to return to the US once I marry an Australian citizen?

MAS1

[MAS1]

Originally Posted by amaslam

Hi MAS1:

The reason for returning to the US is the type of application. There is a concept of Offshore and Onshore.

So since your PMV was applied for offshore to complete it validly you need to be offshore (outside AU) to receive your visa. Note offshore just means outside AU so any country is valid (NZ for example).

If your application was onshore instead, then you'd need to be IN Australia to receive your visa validly.

If you were applying offshore and IN Australia when the visa was granted then it is an invalid visa and your efforts would be down the drain.

Yes, it bureaucratic, but that's the rules of Immi and not discretionary for the Case Officer.

OK... I understand the concept of "onshore" versus "offshore" so I suppose that makes sense. There would be substantial expense involved in flying back and forth so that could strain the finances a bit. I couldn't imagine how difficult it would be to leave my new bride either. The prudent thing would be to wait it out here and reschedule the wedding but we have already been apart for a few months and a few more months seems like an eternity! I'll write to my CO to find out what my alternatives are and make a decision then.

I'm still interested in hearing how long it took others to get their letter from the FBI. I'm having a hard time believing it will take 13 weeks when there are people who posted last year that they were getting them in 4 weeks time!

MAS1

[amaslam]

I've heard that you get it faster if the envelope you send it in has something like "For Immigration Purpose, Time sensitive" written on the top. However I didn't do that so it was 4 months in my case.

Do go to the CO and ask what if you get married and then can the PMV info be applied to a Spouse Visa (onshore) instead? Ask if additional fees are required.

If you have a migration agent handling the case then ask the agent the same questions.

Originally Posted by MAS1

OK... I understand the concept of "onshore" versus "offshore" so I suppose that makes sense. There would be substantial expense involved in flying back and forth so that could strain the finances a bit. I couldn't imagine how difficult it would be to leave my new bride either. The prudent thing would be to wait it out here and reschedule the wedding but we have already been apart for a few months and a few more months seems like an eternity! I'll write to my CO to find out what my alternatives are and make a decision then.

I'm still interested in hearing how long it took others to get their letter from the FBI. I'm having a hard time believing it will take 13 weeks when there are people who posted last year that they were getting them in 4 weeks time!

MAS1

[MAS1]

Originally Posted by amaslam

I've heard that you get it faster if the envelope you send it in has something like "For Immigration Purpose, Time sensitive" written on the top. However I didn't do that so it was 4 months in my case.

Do go to the CO and ask what if you get married and then can the PMV info be applied to a Spouse Visa (onshore) instead? Ask if additional fees are required.

If you have a migration agent handling the case then ask the agent the same questions.

Interestingly enough, the FBI CJIS web site says they do not expedite requests but the cover letter that they provide has an expedite request section in it which I filled out. In addition, they recommended to place the "purpose" and "required by" info on the front of the envelope which I also did. So now I'm really curious whether including that information actually makes a difference on the processing time. If my FBI letter were to show up in the mail this week then this entire discussion would be moot and I'd be booking my flight now. I'm still curious what sort of processing times others have received recently.

I also thought it interesting that the spouse, de facto, and prospective marriage visa applications are all one in the same now. So it would seem simple enough to just change the check box describing the type of visa I'm applying for as all the other information is still the same. Would it be possible for the Australia Embassy in the US to transfer my application to the immigration office in Australia? That might be another good question for my CO.

MAS1