My question is as follows. My fiance just moved back to Australia 1
month ago.(Where he is a citizen and I am not) I will be going over
there on a "Visitor Visa" within the next 2 months.(from the U.S) We
have been told that it would be easier for us if I come over on the
visitor visa and we get married within the 1 or 2nd month and apply for
me to be able to stay as a resident after that. Has anyone heard of or
done anything like this before? Also I should mention that because of
cost and personal situations we are unable to go forth with the fiance
visa or defacto.
Thanks
leebarton - 28 Aug 2006 11:37 GMT
> My question is as follows. My fiance just moved back to Australia 1
> month ago.(Where he is a citizen and I am not) I will be going over
[quoted text clipped - 7 lines]
> visa or defacto.
> Thanks
Entering on a visitor visa with the sole intent of marrying and staying
permanently is immigration fraud. Proceed at your own risk. Posting it
here is just proof of intent too.
ND - 28 Aug 2006 13:39 GMT
> > My question is as follows. My fiance just moved back to Australia 1
> > month ago.(Where he is a citizen and I am not) I will be going over
[quoted text clipped - 13 lines]
>
> -- I dont think is a fruad is just normal to visit your fincee and decide to get married any where you want.
just appliy for a fiancee visa from your home contry. thats it.
> Posted via http://britishexpats.com
Jenney & Mark - 28 Aug 2006 12:18 GMT
> My question is as follows. My fiance just moved back to Australia 1
> month ago.(Where he is a citizen and I am not) I will be going over
[quoted text clipped - 7 lines]
> visa or defacto.
> Thanks
You would probably be better off asking your question in an Australian
immigration forum, since your intention is to emigrate to Australia.
However, I suspect that the answer you receive would be the same as the
one LeeBarton gave you, that Australian immigration law probably
considers it fraud to enter Australia on a visitor visa/VWP with the
intention of staying permanently.
Also, although I have no experience with Australian immigration, I
assume that any immigration process is going to be expensive. You would
be doing yourself a favor to be financially sound before you start the
immigration race, not during or afterwards. Just my $0.02.
~ Jenney
Rete - 28 Aug 2006 14:24 GMT
> My question is as follows. My fiance just moved back to Australia 1
> month ago.(Where he is a citizen and I am not) I will be going over
[quoted text clipped - 7 lines]
> visa or defacto.
> Thanks
Going to OZ, getting married there, and applying for your spouse's US
immigration visa is done all the time and the easiest way to proceed if
he wants to live in the US with you.
If you wish to live in OZ with him, suggest that you ask in the
Australian forum found at www.britexpats.com
Rete

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Ray - 28 Aug 2006 14:40 GMT
> Going to OZ, getting married there, and applying for your spouse's US
> immigration visa is done all the time and the easiest way to proceed
[quoted text clipped - 4 lines]
>
> Rete
Thats a new one try
http://britishexpats.com/forum/forumdisplay.php?f=32
Rete - 28 Aug 2006 15:34 GMT
> Thats a new one try
> http://britishexpats.com/forum/forumdisplay.php?f=32
Ooops ;-)))))
Edits Quickly so that Paul and Sue don't see my boo-boo!

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I'm not an attorney. This disclaimer is valid in NYS!
Nilda - 31 Aug 2006 03:08 GMT
I dont think going to any country as a tourist and then marry is fraud. As long as you enter one country legally I dont see any problem with that. I think as long as you can short cut the processing and save some money.
I entered the country as a visitor... I have no intention of marrying somebody though along the way of my stay here I met someone so we end up marrying.
Goodluck! .
Boiler - 31 Aug 2006 06:42 GMT
> I dont think going to any country as a tourist and then marry is
> fraud. As long as you enter one country legally I dont see any
[quoted text clipped - 10 lines]
> posted via:
> http://www.visaforyou.org/eng/
But then you would be horribly wrong.
Jenney & Mark - 31 Aug 2006 12:40 GMT
> I dont think going to any country as a tourist and then marry is
> fraud. As long as you enter one country legally I dont see any
[quoted text clipped - 10 lines]
> posted via:
> http://www.visaforyou.org/eng/
You can "think" it's legal all you want -- that doesn't necessarily
make it so.
To use an analogy, let's say you go to the cinema. You REALLY want to
see "Pirates of the Caribbean" but it is sold out. But you think,
"That's ok -- I'll buy a ticket for a different movie, and once I'm in
the cinema I'll just go to the theatre showing 'Pirates'!" You do this
despite the fact that the movie theatre has a printed policy that
patrons are only to see the movie for which they have a ticket. This
policy is in place for various reasons, the most important being so that
the individual theatres don't get overcrowded and risk violating fire
codes and people's safety. But what do YOU care? As far as you're
concerned, you've done nothing wrong. All that matters to you is that
you get to see the movie you want to see, when it's convenient for you
to see it.
This is perhaps not the best analogy but hopefully it helps explain that
there are laws and regulations in place for a reason. Just because you
disagree with a particular law, or that it cost you more money to comply
with that law, doesn't mean that you can simply break the law without
possible consequences. To imply to others that that's the case is just
utterly irresponsible.
~ Jenney
Nilda - 31 Aug 2006 20:22 GMT
Its always good to follow the law... but I myself came to the US as a visitor and the Immigration officer herself told me and my husband in the interview that since I entered the US legally I didnt break any law even I got married here in the end.
I am not a lawyer myself and I dont know about Australian Law and government, just the same try to research some more... I hope it will all work out with you and your fiancee.
.
Jenney & Mark - 31 Aug 2006 23:11 GMT
> Its always good to follow the law... but I myself came to the US as a
> visitor and the Immigration officer herself told me and my husband in
[quoted text clipped - 10 lines]
> posted via:
> http://www.visaforyou.org/eng/
You also said in your other post that you entered the US with no
previous intention of getting married and staying. If that was the case,
then you did not break the law. But if you had entered the US on a
visitor's visa WITH the intention of marrying and staying, then you
WOULD have broken the law. It is a crucially important differentiation.
So your earlier comment -- "As long as you enter one country legally I
dont see any problem with that" -- implies that it doesn't matter
whether you have intention to marry and stay, as long as you enter the
country legally. That statement is wrong and misleading. Do a search
under "10 foot pole" to read more of what I'm talking about...
~ Jenney