Do I need a K-1?

[callsignapollo 1]

Hi all.

First of all, I apologise if I've broken any rules or missed anything as this is my first post.

My Fiance is an American, who is currently going through the process to migrate to Australia on a Prospective Marriage Visa. Once her Visa is approved, we have to get married within 9 months.

We are planning to get married in Hawaii. Being that she is an American, and we plan to marry in the US, will I need to go through the I-129F/K-1 process if we are not planning on migrating to the US? (ie. we plan to be in Hawaii for under two weeks to get married, then return to Australia). My Fiance has called the State Department, and was told that if we do not intend to migrate we should just say we're there for a holiday and not mention the intent to marry. Though, this sounds very dodgy to me so I am looking for some further information.

We obviously don't want to put ourselves in a risky situation, given that after a few years in Australia we might migrate back to the US.

Appreciate any information you might have.

callsignapollo

[Nicoco 26]

Probably if you're not planning on living in the US right now, you wouldn't have to. If you planned on living here in the future, wouldn't you file for a CR-1 Visa? (at the time you decide to move to the US)

Edited May 23, 2011 by Niing

[canadian_wife 1,822]

Nothing wrong with entering the US, getting married, and leaving. Perfectly legal

Never lie, but saying you are traveling to the US for holiday is perfectly ok. If pressed, then obviously answer each question honestly.

Good luck

[KittyPollitt 284]

Hi all.

First of all, I apologise if I've broken any rules or missed anything as this is my first post.

My Fiance is an American, who is currently going through the process to migrate to Australia on a Prospective Marriage Visa. Once her Visa is approved, we have to get married within 9 months.

We are planning to get married in Hawaii. Being that she is an American, and we plan to marry in the US, will I need to go through the I-129F/K-1 process if we are not planning on migrating to the US? (ie. we plan to be in Hawaii for under two weeks to get married, then return to Australia). My Fiance has called the State Department, and was told that if we do not intend to migrate we should just say we're there for a holiday and not mention the intent to marry. Though, this sounds very dodgy to me so I am looking for some further information.

We obviously don't want to put ourselves in a risky situation, given that after a few years in Australia we might migrate back to the US.

Appreciate any information you might have.

callsignapollo

If I were you, I'd take her Aussie immigration paperwork with you when you enter Hawaii. Seeing her intent to immigrate to Australia might alleviate any suspicions they might have about your intent. Congrats!