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-   -   getting married as a visitor? (https://britishexpats.com/forum/marriage-based-visas-35/getting-married-visitor-393196/)

maymerat Aug 27th 2006 6:38 pm

getting married as a visitor?
 
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 Aug 27th 2006 10:37 pm

Re: getting married as a visitor?
 

Originally Posted by maymerat
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

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.

Just Jenney Aug 27th 2006 11:18 pm

Re: getting married as a visitor?
 

Originally Posted by maymerat
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

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

Nd Aug 28th 2006 12:39 am

Re: getting married as a visitor?
 
leebarton wrote:
    > > 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
    > 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.
    > -- 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

Rete Aug 28th 2006 1:24 am

Re: getting married as a visitor?
 
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.britishexpats.com

Rete


Originally Posted by maymerat
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


Ray Aug 28th 2006 1:40 am

Re: getting married as a visitor?
 

Originally Posted by Rete
forum found at www.britexpats.com

Thats a new one try
http://britishexpats.com/forum/forumdisplay.php?f=32

Rete Aug 28th 2006 2:34 am

Re: getting married as a visitor?
 

Originally Posted by Ray


Ooops ;-)))))

Edits Quickly so that Paul and Sue don't see my boo-boo!

Nilda Aug 30th 2006 2:08 pm

Re: getting married as a visitor?
 
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! .

---
posted via:
http://www.visaforyou.org/eng/

scrubbedexpat099 Aug 30th 2006 5:42 pm

Re: getting married as a visitor?
 

Originally Posted by Nilda
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! .

---
posted via:
http://www.visaforyou.org/eng/

But then you would be horribly wrong.

Just Jenney Aug 30th 2006 11:40 pm

Re: getting married as a visitor?
 

Originally Posted by Nilda
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.

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 Aug 31st 2006 7:22 am

Re: getting married as a visitor?
 
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.

.

---
posted via:
http://www.visaforyou.org/eng/

Just Jenney Aug 31st 2006 10:11 am

Re: getting married as a visitor?
 

Originally Posted by Nilda
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.

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


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