US Citizen to marry Australian (ADVICE NEEDED)

[tanyalasagna]

I am a natural born US Citizen living in Oregon and my fiance is a natural born Australian living in South Australia.
We want to get married here in the United States and then move to Australia within a month or so of having the ceremony. My fiance has already started talking with an Australian immigration agent to sort out the documents and visas needed to get me to move to Australia.

Here are my questions:

- Can I file for a marriage license without him being in the country?
- Will he need to apply for a K-1 visa even though we won't be living here after our wedding?
- Can he get married on a visa waiver program or does he run the risk of being accused of fraud?
- If we're married and we decide to move to the United States (years later), can I file for a I-130 (petition for alien relative) while out of the country? And is this the best route to take or should we look for other options?


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Thank you so much for your advice in advance!
-Tanya

 

[LdiJ]

I am a natural born US Citizen living in Oregon and my fiance is a natural born Australian living in South Australia.
We want to get married here in the United States and then move to Australia within a month or so of having the ceremony. My fiance has already started talking with an Australian immigration agent to sort out the documents and visas needed to get me to move to Australia.

Here are my questions:
- Can I file for a marriage license without him being in the country?
- Will he need to apply for a K-1 visa even though we won't be living here after our wedding?

The answer to both of those questions is no.

- Can he get married on a visa waiver program or does he run the risk of being accused of fraud?

There would be no fraud because he does not intend to live here.

- If we're married and we decide to move to the United States (years later), can I file for a I-130 (petition falien relative) while out of the country? And is this the best route to take or should we look for other options?

Yes, if you decide later on down the road to move to the US, you can petition for him while you are out of the country. I recommend not doing too much research on that right now, because who knows how things might change some years down the road.