#LetShayeStay Visa Filing Fees
Donation protected
Two lovers randomly met after both enduring separations from their long term seriously committed relationships. One is American and legally still married to her Australian Ex. The other is the biological mother of three amazing children who had an 18 year long relationship with her ex. Ever since they found each other, they have been a family and love every minute that they have together.
Because of the laws in Australia, Shaye, the American, has to travel overseas to legally get a divorce so that she can become a defacto partner with Jodie, the Australian citizen. Shaye’s permanent residency has been refused and the process for her to stay in Australia has to start all over again with Jodie as her partner….. But not before she gets a Divorce.
The fascinating part of this little love story is that neither marriage or divorce for same sex couples is recognized in Australia. However, in Shaye’s previous de facto partnership application, she provided evidence that she was legally married (in the state of New York, USA) to the Commonwealth as part of the evidence of their relationship.
Now that Shaye and her ex partner are not together anymore, Jodie and Shaye should be able to move forward with a new partner visa. BUT, they cannot legally register their relationship with the Office of Births, Deaths, and Marriages OR the Department of Immigration until Shaye proves that she is in fact single.
One would think, sure just have her get a divorce in America. It is harder than you think, as most states in America have residency requirements of six months to a year before you can file for a divorce or that court does not have jurisdiction to make the ruling. Shaye has not lived in America for over three years, and therefore does not have the residency required to file.
Herein lies the real elephant in the room when it comes to Same Sex Marriage Equality that nobody seems to be considering: Divorce Equality. Shaye is left with little option to get a divorce, as nationally Australia does not recognize either same sex marriage or divorce, States in America require Shaye to leave her home in Australia and gain residency after six months, or there has to be some other way???
Potential Game Changer: Getting a divorce in a foreign country overseas in a place where straight couples have been going for years to get a divorce in a matter of days that is legally recognizable in any country that allows judgments from foreign jurisdictions. Shaye can go get an "uncontested bilateral divorce by mutual consent” by simply having her ex fill out a power of attorney form where she can travel overseas and be physically present for filing, then all can be filed and done within seven days.
Travelling halfway around the world to get a divorce seems ridiculous, but it is necessary for Shaye in order to stay with her family in Australia. The whole process involves lawyers, travel, and lots of expenses in filing fees, interpreters, and notarizations.
Once Shaye has the foreign divorce decree, she and Jodie can register their relationship and start the process of getting a partner visa. The filing fee alone for this is $7k. We will be seeking legal advice as Shaye’s immigration issues have been spanned over the last six years, so add a couple more grand on top of that figure to get lawyers to do it right. So far, Shaye and Jodie are looking at a baseline $15k in order to keep their family together.
Despite all of the obstacles that have been thrown our way, we know that we can be successful in getting Shaye the right to stay in Australia to be with the woman that she loves. Jodie and her girls would be devastated to lose such a wonderful loving presence that Shaye provides in their lives.
Any dollar that you can give will help this family cover the high costs that we will incur just to stay together. We know, deep down, beyond all the bureaucratic redtape, #lovewins to #letshayestay in Australia.
www.facebook.com/letshayestay
Many thanks from the entire family,
Jodie, Shaye, Sammi, Drew, Taylor, & Pippa the Bulldoggie.
Because of the laws in Australia, Shaye, the American, has to travel overseas to legally get a divorce so that she can become a defacto partner with Jodie, the Australian citizen. Shaye’s permanent residency has been refused and the process for her to stay in Australia has to start all over again with Jodie as her partner….. But not before she gets a Divorce.
The fascinating part of this little love story is that neither marriage or divorce for same sex couples is recognized in Australia. However, in Shaye’s previous de facto partnership application, she provided evidence that she was legally married (in the state of New York, USA) to the Commonwealth as part of the evidence of their relationship.
Now that Shaye and her ex partner are not together anymore, Jodie and Shaye should be able to move forward with a new partner visa. BUT, they cannot legally register their relationship with the Office of Births, Deaths, and Marriages OR the Department of Immigration until Shaye proves that she is in fact single.
One would think, sure just have her get a divorce in America. It is harder than you think, as most states in America have residency requirements of six months to a year before you can file for a divorce or that court does not have jurisdiction to make the ruling. Shaye has not lived in America for over three years, and therefore does not have the residency required to file.
Herein lies the real elephant in the room when it comes to Same Sex Marriage Equality that nobody seems to be considering: Divorce Equality. Shaye is left with little option to get a divorce, as nationally Australia does not recognize either same sex marriage or divorce, States in America require Shaye to leave her home in Australia and gain residency after six months, or there has to be some other way???
Potential Game Changer: Getting a divorce in a foreign country overseas in a place where straight couples have been going for years to get a divorce in a matter of days that is legally recognizable in any country that allows judgments from foreign jurisdictions. Shaye can go get an "uncontested bilateral divorce by mutual consent” by simply having her ex fill out a power of attorney form where she can travel overseas and be physically present for filing, then all can be filed and done within seven days.
Travelling halfway around the world to get a divorce seems ridiculous, but it is necessary for Shaye in order to stay with her family in Australia. The whole process involves lawyers, travel, and lots of expenses in filing fees, interpreters, and notarizations.
Once Shaye has the foreign divorce decree, she and Jodie can register their relationship and start the process of getting a partner visa. The filing fee alone for this is $7k. We will be seeking legal advice as Shaye’s immigration issues have been spanned over the last six years, so add a couple more grand on top of that figure to get lawyers to do it right. So far, Shaye and Jodie are looking at a baseline $15k in order to keep their family together.
Despite all of the obstacles that have been thrown our way, we know that we can be successful in getting Shaye the right to stay in Australia to be with the woman that she loves. Jodie and her girls would be devastated to lose such a wonderful loving presence that Shaye provides in their lives.
Any dollar that you can give will help this family cover the high costs that we will incur just to stay together. We know, deep down, beyond all the bureaucratic redtape, #lovewins to #letshayestay in Australia.
www.facebook.com/letshayestay
Many thanks from the entire family,
Jodie, Shaye, Sammi, Drew, Taylor, & Pippa the Bulldoggie.
Organizer
Shaye Harty
Organizer
Flemington VIC
