Marrying on Tourist Visa

[andiw]

Is there a problem if my fiance and I marry while he is here on a Tourist Visa if he plans to return to Australia and not live in the US? I plan to immigrate to Australia and it seems easier and less expensive for me to apply for a partner visa there after we are already married. So we are thinking of getting married here, and him returning to Australia, and me following him after I get my visa. Please advise. Thank you.

 

[FlyingRon]

If there's no intent on him becoming an immigrant here, that's not going to be a problem. However, Australia's residency and immigration laws are as tough or tougher than the US's so it would behoove you to get an expert down there to make sure you're not jeopardizing your chances down there.

 

[andiw]

Thanks Ron. After further research we decided just to apply for a fiance visa and get married later on.

 

[Proserpina]

Thanks Ron. After further research we decided just to apply for a fiance visa and get married later on.

You know what that entails, yes?

 

[andiw]

I have reviewed the applications online and I am going to Australia next month and we are meeting with an Immigration Attorney for help. But I would love advice from anyone who has any knowledge of the process. Thanks.

 

[ImmigAttyLana]

Well, the process entails several steps but it really seems to not make any sense for you to do this if your ultimate plan is NOT to live in the US but to move to Australia. A fiance visa is for those foreign nationals who want to immigrate to the US on the basis of their marriage to a US citizen petitioner/fiance. If you do not plan to do that, why would you go through the entire process of getting him a fiance visa? So you can marry in the US and then go back to Australia? Seems like a waste of time and money. If you just want to get married, you can do that anywhere. If he wants to be able to get permanent residence in the US, then do the fiance visa; but if not, I would not bother.

I would be happy to consult with you off forum on the specific situation you are in, as I handle these types of matters for clients nationwide on a daily basis.

 

[LdiJ]

Well, the process entails several steps but it really seems to not make any sense for you to do this if your ultimate plan is NOT to live in the US but to move to Australia. A fiance visa is for those foreign nationals who want to immigrate to the US on the basis of their marriage to a US citizen petitioner/fiance. If you do not plan to do that, why would you go through the entire process of getting him a fiance visa? So you can marry in the US and then go back to Australia? Seems like a waste of time and money. If you just want to get married, you can do that anywhere. If he wants to be able to get permanent residence in the US, then do the fiance visa; but if not, I would not bother.

I would be happy to consult with you off forum on the specific situation you are in, as I handle these types of matters for clients nationwide on a daily basis.

I think she means an Australian fiancee visa for HER...

 

[andiw]

I meant that I would be applying for a fiance visa for me to move to Australia. They have a fiance visa similar to ours here in the US. We would not be applying for any visa here in the US at this time. Thanks for your help.