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My fiancee and I are currently living in the United States. She is an American citizen and I am an Australian. We are getting married in about 5 weeks time and planning on moving to Australia at the start of next year. We have been living in the same house for over 12 months. She is planning on adopting my surname after the wedding.

I was wondering if we would be best to apply for a 309 spouse visa now? The issue would be that my fiancee's name will change before the visa is approved. Will there be any problems with this?

The alternative is to wait until after our honeymoon, but it might be cutting things fine given the duration it can take to get a visa approved.

Any advice is appreciated. Thanks!
 

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Hi there,

I'm sure DIAC knows that names change after a wedding, so telling them her new surname after the wedding is no biggie. You just have to fill in a change of circumstances form and hand it to your case officer.

http://www.immi.gov.au/allforms/pdf/1022.pdf

So, let them know of your pending marriage in your application and notify them when it happens.
 

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Hi there!

If you are getting married in a couple of weeks, just wait for it...then get the marriage certificate and lodge your application.

If you apply for a spouse visa before the wedding, you will not have a marriage certificate yet and it will not make any difference in time.

About the name: usually, they do not ask you to change your documents before lodge your applcation. Especially if you do it straight away after the wedding. You can do it later on (and is easier in Australia - You just have to fill a form and show them a copy of you marriage certificate to prove she adopted your surname).

Anyway, they will use the name on her passport in order to grant the visa. If you change it before you apply, the name which will appear is the "new name". Otherwise not.

Even if you do not change your name, your "civil status" is different: now you are married instead of single. Your documents also would have to be change because of that. So, do not worry.

Good luck and congrats!!!!
 

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Hopefully, you are not now confused.
As aussiegirl says, just send in advice if you need to but it will be the name in the passport that is the determiner and getting married is no real need to change that, most people I would suspect doing so only when they are due for a new passport.

The more important issue for you is that it could be a partner visa processing time may be around six months or more and if she has not yet put in to get her FBI check, from recent accounts that alone can take all of ten weeks, so may be about mid next year when a partner visa could be expected if you get cracking on it right now.

Alternately, you may want to attempt her entering on an ETA - ETA (Visitor) (Subclass 976) as a visitor and then if she likes what she sees in Australia, you may decide to apply for an onshore partner visa.
 

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I would like to check if the spouse visa is also subjected to a quata requirement, if that is the case, would it be advisable to apply early in the year.

thanks for your advise.
 

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There are annual budgetted numbers but it is a rolling progressive situation so that many visas applied for the previous year will be granted in the next and it will be when the numbers of grants for any particular year approaches the budgetted number that grants will slow down or perhaps be put on hold for a month or so near the end of the financial year.
Current trend is that visa processing times are longer and so the budgetted number may not be reached this year if that trend continues.
In essence, it'll not really matter when you apply.
 
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