Legal Question in Immigration Law in Australia

marriage without fiance visa?

I am a us citizen and my fiance is an australian citizen. I was wondering if we can get married without him coming on a fiance visa? will we still be able to change his status without a fiance visa and what are the implications if we do get married without the fiance visa?


Asked on 9/22/05, 2:08 pm

3 Answers from Attorneys

Re: marriage without fiance visa?

If an alien spouse is outside the U.S. the U.S. citizen needs to file an immigration petition and request that the USCIS notify a U.S. Consulate in the country where his spouse lives. Once the immigration petition is approved, the National Visa Center of the U.S. State Department sends information to the U.S. citizen. After the necessary forms are completed, the alien spouse goes to the U.S. Consulate overseas to apply for an immigrant visa. On the day that the alien spouse enters the United States on an immigrant visa, he becomes a U.S. permanent resident.

However, if the goal is efficiency, we think the K-1 visa is a better way to acheive these results.

Thanks

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Answered on 9/22/05, 2:22 pm
William Frenkel Frenkel Sukhman LLP

Re: marriage without fiance visa?

Further to the previous post, the choice between a fiance visa and adjustment of status in the U.S. following marriage is normally determined by the following factors:

* processing time (consular vs. adjustment), expense and the non-U.S. person's work/travel schedule;

* ease of obtaining a visitor or other non-immigrant visa and qualifying for adjustment of status; and

* any complicating factors (non-U.S. person's potential inadmissibility)

The answers vary depending on the individual circumstances but overall the process is similar in many respects. Marriage is possible, however, without regard to a person's immigration status, does not require a fiance visa and may occur either in the U.S. or overseas (so long as it is performed in a way recognized by U.S. law).

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Answered on 9/22/05, 2:33 pm
Joe Savino The Law Offices of Joseph J. Savino, P.A.

Re: marriage without fiance visa?

1. Can you get married without him coming on a fiance visa? Yes.

2. Will we still be able to change his status without a fiance visa and what are the implications if we do get married without the fiance visa? Please visit our website @ www.usa-immigrationattorney.com for a free electronic consultation.

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Answered on 9/22/05, 4:56 pm


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