fiancee visa failed and what can we do

[Sarge]

Morning all, I am a long time reader of this forum but first time posting as I really need help, guidance and assistance please.

I am an Aussie male citzen for 30 years+. In Jan 2008 my fiance and I were arranged marriage over the phone. We have spoken to each other regularly on the phone. We got engaged over the phone in November 2008.

We got an agent in Sydney to do all the leg work and he said that its fine to process a fiance visa without seeing each other as he has done them with all success.

The application was recieved by the Aus Embassy in Delhi via our agent in March 2009. Then in the month of May 2009 a letter was sent to the Immigration letter stating that it has been refused that we have never met. The agent said that he spoke to the embassy and they informed him verbally that someone complained about this application from India to the embassy. To me this is BS as there would be no complaint from anyone. This rocked us and it falls from there for both of us.

I then spoke to a immigration lawyer and he said that we had to meet due to the law. He also said that he can write a letter for $1100 stating that the agent stuffed up?

Anyway I am going to India next month to meet my fiancee.

My question is:

Can I still apply for a visa even when people said that if it fails you have to wait 6 months or 1 year or 2 years?

Also would it be ideal to apply for a fiance visa again?

Or we both get married there in India and then we apply after we got married when I am there?

Please help?

[Obie]

Hi Sarge,

Sorry about the refusal. You should get the Australian Embassy or the agent to provide you with the refusal letter as you can use that to apply for a review of the decision.

If the visa is not approved, you will receive a letter advising:

the reasons for the refusal decision
your review rights (your sponsor can apply for review of the decision in Australia)
the time limit for lodging an appeal.

Also here is the proof or Evidence of a Genuine and Continuing Relationship.

Also here is the Eligibility Criteria. and the Application Process.

If some one made a report about you, the department is oblige to give you an opportunity to comment on it, before making a decision. This could be another avenue to use to seek a review.

If you have time, have a look at Page 29 of this booklet which would explain how to go about the process of obtaining the Proposed Marriage visa and what the requirements are.

It seems as if you will do a better job of applying for it yourself. It seems as if the agents are pretty useless.

Thanks for the seaside link you sent me the last time. I really liked it.

Have a nice afternoon if i am correct as, it is the early hours of the morning in Ireland.

[Sarge]

Oh hi Obie,

The seaside is gr8 at this time with high swells.

The refusal letter says nothing about time limit to lodge an appeal but was advised I can take it to the tribunal. All it stated was that we never met in person, which I will shortly.

These agents are waste of time and money. I am currently preparing my documents as what you have linked off for me.

So if there was no time limit on the document than i can apply i take it... so I will confirm that.
Sarge

[Obie]

There is no restriction on when one can reapply after a first refusal. The agent did a silly thing in not informing you that the visa would be refused if you have never met your wife to be.

These people only seem to care about money, morals and good advise doesn't seem to mean much to them.

I thought we discussed the last time that it will be advisable for you to go and see her, and hence strengthen your case.

I wish you every success in your plans.