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Old 04-06-2013, 01:09 AM
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Help Needed

My fiance is an Aussie and I am an American. We are not sure the best way to get married and what visa should we apply for. I would like to get married in July and not sure if we should get a fiance visa or a tourist visa. I don't want to leave Australia once I am there. Could we then apply for a spousal visa after marriage? He is in the Melbourne area and we want to get married at the Registry. Does anyone recommend doing this process by yourself or is there an agency that can handle this process? How long does it take? If July even an option? Any help would be welcome.


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Old 04-06-2013, 01:38 AM
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Quote:
Originally Posted by pbleach45 View Post
My fiance is an Aussie and I am an American. We are not sure the best way to get married and what visa should we apply for. I would like to get married in July and not sure if we should get a fiance visa or a tourist visa. I don't want to leave Australia once I am there. Could we then apply for a spousal visa after marriage? He is in the Melbourne area and we want to get married at the Registry. Does anyone recommend doing this process by yourself or is there an agency that can handle this process? How long does it take? If July even an option? Any help would be welcome.
Welcome to the forum!

If I may ask - how long have you been together? Are you already engaged or simply "planning to eventually get married"?

My first instinct says a Prospective Marriage Visa - this is offshore but once it is granted you are allowed onshore and don't have to leave again.

If you come in on a tourist visa there is a chance you will get a No Further Stay (NFS) condition on your tourist visa and you will not be able to apply for a next visa with that condition, you will have to go offshore again. NFS is for as far as I can tell completely random - it happens to anyone from any nationality and any age, with or without an Australian partner.

Since you say you only want to make the trip once, I say the Prospective Marriage Visa may be more suitable for you. You apply from where you live and as soon as it is granted you can come onshore and get married within 9 months of the visa grant.

__________________
From: The Netherlands
Visa Sub: 820 Partner Temp Onshore (De Facto)
Applied: 23 January 2013 (front loaded)
Application: Paper
Agent: No

Case Officer Assigned: 23 December 2013
Request for More Information: 19 May 2014
Requested Information: Australian Federal Police Check
Supplied on: 26 May 2014
Visa Granted: 4 June 2014


Permanent Stage Application: 22 January 2015
PERMANENT PARTNER (801) GRANTED ON 18 MAY 2015 - WE DID IT!

Last edited by Nelly87; 04-06-2013 at 01:39 AM. Reason: I can't spell.

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Old 04-06-2013, 01:44 AM
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We have been together over a year. I am a teacher so I cannot move until my contract is up in the USA which is during our summer months. I want to do things correctly as I want to continue to teach in the Melbourne area once I am able to work. I just wonder if it really takes 3-12 months? If there are faster ways to get the fiance visa so I can enter legally by the end of June and get married in July as we planned?


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Old 04-06-2013, 01:50 AM
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Originally Posted by pbleach45 View Post
We have been together over a year. I am a teacher so I cannot move until my contract is up in the USA which is during our summer months. I want to do things correctly as I want to continue to teach in the Melbourne area once I am able to work. I just wonder if it really takes 3-12 months? If there are faster ways to get the fiance visa so I can enter legally by the end of June and get married in July as we planned?
Sadly there is no regular way to rush the process sorry to be the bearer of bad news! This can only be done under very pressing circumstances, if you can prove that serious suffering will be caused if it doesn't get priority processing. You can always try - don't get me wrong - but there is no guaranteed way to get it done faster.

The waiting time really depends on what office you apply at - I think offshore applications are usually averagely somewhere between those 3 and 12 months. I am onshore and my average waiting time is 15 months. Some countries and offices offshore are sort of "notorious" for seeming slower than others. You'd have to wait for someone else applying in the US to elaborate on that one

There are never any guarantees about waiting time - sadly. I just read about a couple who applied after me in Melbourne and got granted the visa in 2 weeks - we don't even have a case officer yet - it seems unpredictable to say the least.

__________________
From: The Netherlands
Visa Sub: 820 Partner Temp Onshore (De Facto)
Applied: 23 January 2013 (front loaded)
Application: Paper
Agent: No

Case Officer Assigned: 23 December 2013
Request for More Information: 19 May 2014
Requested Information: Australian Federal Police Check
Supplied on: 26 May 2014
Visa Granted: 4 June 2014


Permanent Stage Application: 22 January 2015
PERMANENT PARTNER (801) GRANTED ON 18 MAY 2015 - WE DID IT!

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Old 04-06-2013, 01:55 AM
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Join Date: Apr 2013
Posts: 3
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Ugh...is he able to go there to apply or do I have too? Should we hire a lawyer or is the process just hurry up and wait? How can you give a date to get married to them if you are not even sure when your visa will get granted? Am I allowed to visit him in the meantime? Will I have to wait 5-12 months to see him?


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Old 04-06-2013, 02:02 AM
Nelly87's Avatar
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Quote:
Originally Posted by pbleach45 View Post
Ugh...is he able to go there to apply or do I have too? Should we hire a lawyer or is the process just hurry up and wait? How can you give a date to get married to them if you are not even sure when your visa will get granted? Am I allowed to visit him in the meantime? Will I have to wait 5-12 months to see him?
Depending on how good your case is - it is always smart to have a good migration agent or lawyer, if you find a good one it is always helpful, but it isn't always as necessary and when a case is difficult (for instance if you don't have a lot of evidence) then it's definitely smart to do so. Personally if I could have afforded it I would have done it no matter what.

You do have to give them a date, I think, but yes - if the waiting time is longer that date might pass by. I am not 100% sure because we are de facto, not engaged or married, but I'm pretty sure that is sadly how it goes.

In some cases you are able to visit your partner in Australia. It is possible to apply for a type of Visitor Visa while you await your answer - however they can be difficult to obtain. But it is not impossible!

__________________
From: The Netherlands
Visa Sub: 820 Partner Temp Onshore (De Facto)
Applied: 23 January 2013 (front loaded)
Application: Paper
Agent: No

Case Officer Assigned: 23 December 2013
Request for More Information: 19 May 2014
Requested Information: Australian Federal Police Check
Supplied on: 26 May 2014
Visa Granted: 4 June 2014


Permanent Stage Application: 22 January 2015
PERMANENT PARTNER (801) GRANTED ON 18 MAY 2015 - WE DID IT!

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