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I would like to ultimately get married legally in the US and then reside in AUS on the spousal visa. I know that US/AUS recognizes marriages in either country. My question is whether it's logical to expect to marry in the US. I will have been living in AUS. Would my AUS partner need some equivalent of a fiance visa in order for us to both travel to the US for marriage and then travel back to AUS for permanent residence?

Thanks!
 

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Hi there,

You have three options as I see it:

1. Get married in US and apply for spouse visa while in the US.

2. Apply for Prospective Marriage Visa (fiance visa) in the US, come to Oz and get married within 9 months and apply for marriage visa.

3. Apply for onshore spouse visa in Australia after getting married in Australia.

Your Aussie partner doesn't need to have a visa to get married in the states as far as I know. She doesn't intend to migrate to the States, so I wouldn't see the need for a visa just to have a wedding, as many holidaying couples do it all over the world on tourist visas. It can even be done in a registry office, with a certificate from that registry needed as proof of marriage.

Take a look at the DIAC site here for links to info. on each visa.

Family - Visas & Immigration

Family - Visas & Immigration

You should also check the Aust. Embassy site where you are for more specific requirements for US applications.
 

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It will depend on what visa you are currently on here in Australia as to whether you can apply for a partner visa here and obviously there are eligibility requirements to be met and you ought to study those on the links provided by aussiegirl.

As for your partner travelling to the US to marry, though there is a visa waiver in place I have also read of US Immi officials not just questioning arrivals on their intent [ same can happen here ] for they are reticent about someone coming in to marry a US citizen as apparently your US Immi regulations give an auto right of residency in that situation.

It is really something you need to address with the US.
 
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