US Military guy, Can I marry my AUS fiance without either of us having a visa in Guam?

[Deathrush 0]

I am in the US Navy stationed in Japan, and My Australian fiance and I want to get married as quickly as possible. We are not doing a wedding until after we recieve the certificate of marriage. Can we get married by either of these routes:

I fly to Australia with my passport for a week and get married while on leave?

or

She and I both fly to Guam(Nearest US Territory) and get married with her using only her passport?

We are basically trying to bypass the forever wait on a visa that we are only going to need for a week. After we recieve the marriage certificate, the military will sponsor her for living wherever I am stationed, so she doesn't need a visa for that. What would be the best route for us to take?

We have known each other for 2 years now....if that helps.

[Anh map 2,098]

You can marry anywhere that you meet the requirements.

A certificate of marriage comes after a legal wedding, not before.

Later on if you are planning to move back to the US you will want to petition for a spouse visa so that you can live together in the US.

*Moved from K1 forum to General Immigration forum as OP is not seeking immigration for fiancee/spouse*

[VanessaTony 3,567]

I am in the US Navy stationed in Japan, and My Australian fiance and I want to get married as quickly as possible. We are not doing a wedding until after we recieve the certificate of marriage. Can we get married by either of these routes:

I fly to Australia with my passport for a week and get married while on leave?

or

She and I both fly to Guam(Nearest US Territory) and get married with her using only her passport?

We are basically trying to bypass the forever wait on a visa that we are only going to need for a week. After we recieve the marriage certificate, the military will sponsor her for living wherever I am stationed, so she doesn't need a visa for that. What would be the best route for us to take?

We have known each other for 2 years now....if that helps.

Yes to the Australian one BUT you need to apply for the VWP online first. The link is here: http://www.eta.immi.gov.au/

The Guam one should be fine as well. But she needs to apply for the VWP. here is the link: https://esta.cbp.dhs.gov/esta/

Here's the thing about Visas though.. she might be able to be wherever you are (I honestly don't know), but she won't be able to return to the US without a GC. She can visit sure but there's other stuff involved. Make sure you look into this fully because she can apply for a CR-1 visa, and go to wherever you are, not abandon her GC and you won't need to be apart later when she has to leave to wait on the IR-1 visa. She CANNOT enter the US with you on a visitor/tourist visa and AOS there because she clearly would have immigrant intent which is illegal.

[VanessaTony 3,567]

Ran out of editing time:

Your "forever wait" yes will suck. We can all tell you that, but it's better than risking a denial for misrepresentation and a lifetime ban because she entered on a non-immigrant visa (at the end of your overseas station) with immigrant intent. It's also better to be apart NOW rather than a year or so from now when she has to return to Aus for several months for the CR-1 (though it'll be an IR-1 if you've been married more than 2 years). Out of interest though, the Australian consulate is pretty quick. Should be together in around 9 months maybe.

Up to you of course, but I would do the CR-1 now and be safe rather than worry about it years from now.

[Deathrush 0]

So I can obtain a marriage certificate and be married legally if she or I....depending on what we choose....get the VPW?

We really want to wait for the wedding ceremony, so are we able to get pronounced by a minister privately without the ceremony?

[Anh map 2,098]

So I can obtain a marriage certificate and be married legally if she or I....depending on what we choose....get the VPW?

We really want to wait for the wedding ceremony, so are we able to get pronounced by a minister privately without the ceremony?

You seem confused. A marriage certificate is documentation that you were legally married. A marriage license is a document you obtain in the jurisdiction where you will be married.

You can marry legally anywhere you want. AUS, USA, Japan. You just need to comply with the local laws.

The Visa Waiver Program is what your fiancee will need to use to obtain permission to enter the US (Guam counts) if you choose to marry there. It's just a travel visa equivalent.

[Barbara J 115]

So I can obtain a marriage certificate and be married legally if she or I....depending on what we choose....get the VPW?

We really want to wait for the wedding ceremony, so are we able to get pronounced by a minister privately without the ceremony?

As Anh said you seem really confused. A marriage cert is after you get married LEGALLY. You get married at the local court house in AUS, USA (GUAM) wherever. You are then legally married, you don't have to get a marriage license in AUS like you do here in US to get married. If you get married through a minister he/she will still do some sort of ceremony it's what they do in their church.

Your fiancee as Vanessa said has to apply for ESTA to fly to you VWP visa waiver program.WE aussies can't leave without it. She can apply for it online and print it out. Or you go to Aussie get married while on leave and then apply for CR1 spousal visa as this is the only way she can get back to the USA with you when you are finished your tour.

[nane1104 146]

I agreewith the above posters. And just to clarify your question about the military:

You being in the military and your furure wife getting added to your orders won't spare you the immigration process when it comes to living in the US.

So no, the military does not sponsor her wherever you live, unless it's overseas as she will fall under the SOFA agreement.

As soon as she will want to live in the US, she will have a valid visa.

What are your plans, marry and then have her live with you in Japan? If you go that route, I believe she would need whatever paperwork is required to live in Japan until command sponsorship kicks in and then apply for her greencard from Japan. The legal office there on base should be able to help you with that, biometrics for example.

[leahandlucas 15]

Also remember,...that usually people that are on the VWP entering Guam, are allowed for 15 days,..its a rule section 212(I)I have it stamped varios times in my passport....Guam is a U.S. territory, but your usually only allowed there for about 15 days as a VWP, on the actual island of Guam.

I guess because they figure that it's that small that you can do everything within a few days.

I've been there like 20 times as a fellow Australian when I passed there on my way to the U.S. mainland.

So if you's are going to have a honeymoon as well,...make sure its less than 2 weeks.

[KLS2010 30]

As Anh said you seem really confused. A marriage cert is after you get married LEGALLY. You get married at the local court house in AUS, USA (GUAM) wherever. You are then legally married, you don't have to get a marriage license in AUS like you do here in US to get married.

This is not exactly true. While not an actual license per se....in order to get married in Australia you do have to file a Notice of Intended Marriage at least one month and one day before the wedding takes place. This time period can be shortened in certain circumstances.....check out this link about getting married in Australia here

[Deathrush 0]

Thank you all for the help. It is making this process go alot smoother.

[Barbara J 115]

This is not exactly true. While not an actual license per se....in order to get married in Australia you do have to file a Notice of Intended Marriage at least one month and one day before the wedding takes place. This time period can be shortened in certain circumstances.....check out this link about getting married in Australia here

Well this must be all new as I was married 25 years ago in NSW and the priest takes care of all that as in the registry that you sign at the ceremony. I have never heard of this letter of intent to marry before a marriage . My daughters friends just got married and they did not have to do this. So that's news to me.

But what I was saying is you don't need a marriage license from a court house like you do here in the US.

Edited August 4, 2011 by Barbara J

[KLS2010 30]

Well this must be all new as I was married 25 years ago in NSW and the priest takes care of all that as in the registry that you sign at the ceremony. I have never heard of this letter of intent to marry before a marriage . My daughters friends just got married and they did not have to do this. So that's news to me.

But what I was saying is you don't need a marriage license from a court house like you do here in the US.

I don't know how long ago it was introduced so perhaps it wasn't something that had to be done 25yrs ago. But I was married in NSW 5yrs ago and we had to do it, so I'm not sure why your daughter's friend didn't have to. It is a form that is usually provided by the celebrant (or a priest I'm assuming), so more than likely they did it as part of their meeting with the person who performed their ceremony.

But you are right its not a license like in the US.

[zapman 0]

I dont mean to hijack this thread slightly but I'm almost in the same situation!

I am in the United States Air Force and I'm currently dating a girl from Aus. and well she is going to come visit me after I return from my deployment. While she is here visiting me I plan on asking her to marry me!

My question is this:

Would it be better for us to get married while she is here on a tourist visa and then have her return home, and apply for a k3 or CR1 visa?

wait to get married, have her apply for the k1 visa then get married when she gets up here?

I was thinking it might be best to get married, have her return home and file the K3 since she'll need to return home to bring all her belongings and her puppy back here and while the whole process is going through for her K3 I should be able to talk with my dorm manager and First Shirt to move me out of the dorms and into base housing shortly after we are married even if she has to leave.

But my only concern is, if we do the CR1 they'll want to see that we share something like checking accounts,land deed(which we wont have due to living on base for free) ect. ect. and they'll want a current address that we'll be living at but that address will quickly change afterwards and I wont know it untill I pick a house on base and get a mailbox setup.

Any information is greatly appreciated! Also I've seen large variations in peoples comments in which one is faster between the K1, CR1/K3 some say the K1 is the faster and better way to go, while others claim CR1/K3 is faster and better....

[KLS2010 30]

I dont mean to hijack this thread slightly but I'm almost in the same situation!

I am in the United States Air Force and I'm currently dating a girl from Aus. and well she is going to come visit me after I return from my deployment. While she is here visiting me I plan on asking her to marry me!

My question is this:

Would it be better for us to get married while she is here on a tourist visa and then have her return home, and apply for a k3 or CR1 visa?

wait to get married, have her apply for the k1 visa then get married when she gets up here?

I was thinking it might be best to get married, have her return home and file the K3 since she'll need to return home to bring all her belongings and her puppy back here and while the whole process is going through for her K3 I should be able to talk with my dorm manager and First Shirt to move me out of the dorms and into base housing shortly after we are married even if she has to leave.

But my only concern is, if we do the CR1 they'll want to see that we share something like checking accounts,land deed(which we wont have due to living on base for free) ect. ect. and they'll want a current address that we'll be living at but that address will quickly change afterwards and I wont know it untill I pick a house on base and get a mailbox setup.

Any information is greatly appreciated! Also I've seen large variations in peoples comments in which one is faster between the K1, CR1/K3 some say the K1 is the faster and better way to go, while others claim CR1/K3 is faster and better....

Firstly, congrats on (almost) popping the question!

Forget about the K3 - it is basically dead. So just focus on either K1 or CR1.

Either way this process is going to take at least 6mths. CR-1 ends up being more like 8-10mths since there is more processing done prior to the spouse's arrival in the US, whereas this processing for K1 is done after the fiance enters the US and the marriage takes place. If you are looking at it strictly on a 'getting my partner into the US in the shortest possible time' then K1 is the way to go. Keep in mind though that there may be other factors that need to be taken in to account. For example...K1 have to apply to Adjust Status after the marriage takes place and they will not be able to work legally in the meantime. On the other hand, CR-1 will become a conditional resident immediately upon entry to the US, allowing them to work pretty much straight away. If your fiance's ability to work as soon as possible after entry to the US is important for you, then you need to do CR1.

About your concerns on the CR-1 - don't worry too much about not having a house in both your names etc. While showing joint financial responsiblities is good proof of your relationship, its not the only proof. When my husband and I filed for our CR-1, we had NOTHING in both our names. Even now the only thing we have is a joint account that we never use, and we added my name to his cell phone account. My name is not the mortgage, the loan for his truck, household bills etc. The address can be changed easily enough with USCIS, so you can get around the issues to do with base housing. There are plenty of military couples here on VJ that I'm sure have been in the same situtation.

Have a look at the K1 and IR-1/CR-1 guides here on VJ which may help you figure out the best way to go.

Good luck!

P.S Hope she says yes lol!