Can my fiance' from Australia come to the U.S. to marry me (I'm a U.S. citizen) on a regular TOURIST VISA?
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Can my fiance' from Australia come to the U.S. to marry me (I'm a U.S. citizen) on a regular TOURIST VISA?
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My fiance is an Australian citizen, and I'm a U.S. citizen. We are planning to get married this year sometime, and she is coming here to the U.S. to marry me. After two weeks, she will go back to Australia, because our plan is for me (the U.S. citizen) to immigrate to Australia to be with her in Australia. My question is: If she is coming here to the U.S. just for two weeks to marry me then leave, can she do that just on a regular TOURIST VISA, or do I have to fill out a government form (like I-129F Petition for Alien Fiance' from U.S. citizenship and immigration services) before she comes here?? Thanks.
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Fred S
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The Inspectors Field Manual, which is the guide used by U.S. CBP officers in the performance of their day to day duties, tells them that "an alien coming to marry a U.S. citizen or lawful permanent resident with the intent to return to a residence abroad soon after the marriage," is admissible as a visitor for pleasure.
If your fiance could show something that establishes that it is her intent and yours for you to immigrant to Australia after the wedding, your fiance would qualify for admission as a visitor.
If she could bring evidence of employment, a residence in Australia, and perhaps something showing that you two are working on an immigrant visa for you to go to Australia, I'm pretty sure she could convince the officers at the port of entry that her intentions were not to remain in the U.S. permanently. |
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MadMan
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If she is going home again after you get married, then no problem. However, when she arrives in the US, what will she tell the immigration people? If she tells them that she is coming to get married, they will probably deny her entry to the US. If she lies, but they examine her bags and find the wedding dress, she will also be denied entry. I think that she should get a visa and show then that she has a house, a job etc. to show that she will be going back to Australia.
Good luck. |
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chuckles951
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Look up "K1 visa". Pay an immigration consultant to file the paperwork for you. The whole effort will cost about $3,000 and takes 4 to 8 months. |
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