Wanting to marry an Australian and live in the US...HELP!

[James DiLiberto 0]

In short, how should we proceed if we want to get married and live in the USA (an american and an australian)

I am a 25 year old male Electrical Engineer living in New Jersey in the USA. My girlfriend is from Adelaide, Australia and we are Christians wanting to get married and live in here in NJ, USA. However, we want to get ceremonially (not legally) married in Australia with her family in her church. We don't care when we get legally married in whatever country, as long as it help us get our visa situation right.

We're not sure whether or not to do a fiance (K1) visa or an espousal (K3) visa and what the benefits are of either and how easy it is to get into the USA vs if we decided to live in Australia instead because it was easier. I don't even know if she or I could work in either country during or after or visa come through or even after our marriage. Can anyone help out with some advice or some experience.

Thank you so much. Blessings.

[Thai 0]

In short, how should we proceed if we want to get married and live in the USA (an american and an australian)

I am a 25 year old male Electrical Engineer living in New Jersey in the USA. My girlfriend is from Adelaide, Australia and we are Christians wanting to get married and live in here in NJ, USA. However, we want to get ceremonially (not legally) married in Australia with her family in her church. We don't care when we get legally married in whatever country, as long as it help us get our visa situation right.

We're not sure whether or not to do a fiance (K1) visa or an espousal (K3) visa and what the benefits are of either and how easy it is to get into the USA vs if we decided to live in Australia instead because it was easier. I don't even know if she or I could work in either country during or after or visa come through or even after our marriage. Can anyone help out with some advice or some experience.

Thank you so much. Blessings.

I don't think the religous wedding ceremony will be a problem. You can still have that wedding and file for a K1 visa.

where are you in NJ anyway? I'm from Philly .

[James DiLiberto 0]

So are you saying we should get ceremonially married first and then apply for the K1? We have a year before we are going to get ceremonially married, so we want to use that time to get our visas sorted out? what do you think we should do? (btw, I'm from Fairfield, up near NYC)

Edited July 27, 2007 by James DiLiberto

[Lace 0]

Usually a fiance visa is quicker than a spousal (K3) visa. Just my suggestion but please don't take it as an expert opinion. If you are only going for the ceremonial wedding that still makes her your fiance as you will not be legally married.

Send in your K1 petition and go on with your life. Don't build your life based on the K1. I know it's hard but otherwise, you're get too caught up on it and sometimes forget what's important. Building up your relationship. Rather send it in and continue with your ceremonial wedding. Show it during your the interview stage. Your relationship is legit and you have nothing to worry about.

There will be lots of frustration and stressful moments for the both of you ahead. In the end it'll work out. You can't really plan a K1 Visa around a ceremonial wedding but it's easier to plan a ceremonial wedding around the K1. See my timeline. Or see the topic on Austria and ask them what the average time is. Every case will be different depending on the circumstances.

[jezz85 0]

Yes, as long as your ceremony does not include the legalities of marriage (marriage license, marriage certificate etc.) you are free to have a ceremony and still petition for a K-1 visa. BUT don't confuse the consulate, don't refer to each other as husband and wife, don't wear rings until legally married, you don't want the consulate to smell *bullshit*. That's just my thoughts and advice though, others may contradict me.

I'm curious though, why not get legally married at the same time as the ceremony? The K-1 and K-3 have a pretty similar time frame. It sounds like you have nothing to gain from waiting till you're in the US. If you marry in Australia there is a different class of visa you can get which may speed the process further and mean you don't have to do "Adjustment of Status" later on. Just a thought.

I know everything seems confusing now, but as you read the guides on this site, inspect some of the timelines and chat to members things will become clearer. You're welcome to come post in the DOWN UNDER thread (pinned at the top of this forum) that's where all the Aussie/American couples hang out.

Best of luck!