American citizens, who are resident in Australia may file immigrant visa I-130 petitions for immediate relative (IR) and family preference (F2A) classifications at the U.S. Consulates General in Melbourne, Sydney, and Perth. Petitioners must be able to show that they have permission to reside in the consular district and that they have been doing so for at least six months before filing the petition. U.S. citizens whose principal residence is not in the consular district, and/or who have entered the consular district as a temporary visitor,student,or with limited leave to enter and remain, must file the petition with the appropriate(USCIS) Service Center in the United States. American citizens who are in Australia in active military duties and who are pending imminent transfer orders and need to petition their spouse and minor children may file at any of the U.S. Consulates General in Australia. Only the American citizen petitioner is required to be physically present to lodge an I-130 petition.
The Consulate General in Sydney accepts petitions by appointment only (except U.S. and local public holidays) between 8:00am and 12:00 noon. Please e-mail SydneyPetitions@state.gov to schedule an appointment to lodge your petition.
The Consulate General in Melbourne accepts petitions by appointment only. Please e-mail MelbourneNIV@state.gov to schedule an appointment to lodge your petition.
The Consulate General in Perth accepts petitions on a walk-in basis Monday to Thursday (except U.S. and local public holidays) between 8:30am and 11:30am.
If the petition is approved, your spouse/child/parent will need to complete all documentary requirements, including medical examinations and police clearances, and have an interview with a consular officer in Sydney before an immigrant visa is approved and issued. For information on documentary requirements for U.S. immigrant visas or scheduling appointments at the Consulate, please see below.
For the definitions of the family preference categories, please see the travel.state.gov website and click on “F”.
For family preference petitions, there are numerical limits on the number of immigrant visas that can be granted to aliens from any one foreign country. The limit is based on place of birth, not citizenship. Because of the numerical limits, this means there is a waiting time before the immigrant visa can be granted. Family preference petitions filed and approved in Australia will be transferred to the National Visa Center in Portsmouth, New Hampshire for retention until such time the visa applicant is eligible to apply for his/her immigrant visa. To find out the processing dates for each preference category, see the Visa Bulletin or telephone (202) 663 1541.
Immediate relative immigrant visa cases do not have country numerical limits, with waiting times as a result of the country limits.
For further information on filing immigrant visa petitions, please refer to the USCIS website.
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