E3 marrying American Citizen
Feb 8th 2008, 6:09 pm
#1
Forum Regular
Thread Starter
Joined: Jan 2007
Posts: 50
E3 marrying American Citizen
Hello everyone,
I am on an E3 visa and getting married to a US Citizen. We have been thinking as to whether to get "legally" married in the US or Australia. I thought that it would make things easier (with green card application process) if we were to do it here. Does any one have any suggestions? We also eventually want to gain permanent residency for my fiance to Australia, but not for a few years.
Also - what is the right path to applying for a green card being on an E3?
Thanks in advance!
I am on an E3 visa and getting married to a US Citizen. We have been thinking as to whether to get "legally" married in the US or Australia. I thought that it would make things easier (with green card application process) if we were to do it here. Does any one have any suggestions? We also eventually want to gain permanent residency for my fiance to Australia, but not for a few years.
Also - what is the right path to applying for a green card being on an E3?
Thanks in advance!
Feb 8th 2008, 6:46 pm
#2
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Re: E3 marrying American Citizen
Hello everyone,
I am on an E3 visa and getting married to a US Citizen. We have been thinking as to whether to get "legally" married in the US or Australia. I thought that it would make things easier (with green card application process) if we were to do it here. Does any one have any suggestions? We also eventually want to gain permanent residency for my fiance to Australia, but not for a few years.
Also - what is the right path to applying for a green card being on an E3?
Thanks in advance!
I am on an E3 visa and getting married to a US Citizen. We have been thinking as to whether to get "legally" married in the US or Australia. I thought that it would make things easier (with green card application process) if we were to do it here. Does any one have any suggestions? We also eventually want to gain permanent residency for my fiance to Australia, but not for a few years.
Also - what is the right path to applying for a green card being on an E3?
Thanks in advance!
If you get married while you're here in the USA, you can apply for adjustment of status to permanent resident after marriage.
If you leave the USA before you become a USC (as in moving to Australia to pursue her permanent residency for your fiance, you run the risk of abandoning your US PR status. Best bet is to become a USC first, then plan the next move and next pursuit of PR status.
If you mean the right method for applying for green card based on marriage to a USC, you will need to file an AOS package after you get married in the USA. Package consists of I-130, I-485, G-325A's, I-864, I-765 and I-131. Go to www.uscis.gov, Immigration Forms to have a look at them, and the instructions for filing.
Best Wishes,
Rene
Last edited by Noorah101; Feb 8th 2008 at 6:49 pm.
Feb 8th 2008, 6:51 pm
#3
Forum Regular
Thread Starter
Joined: Jan 2007
Posts: 50
Re: E3 marrying American Citizen
Rene,
Thank you SO much for your reply! The info on the relevant forms is very informative! Seems like the way to go is for us to get married here, go through the GC process, then worry about the Aus PR process later.
Wish us luck!
Thank you SO much for your reply! The info on the relevant forms is very informative! Seems like the way to go is for us to get married here, go through the GC process, then worry about the Aus PR process later.
Wish us luck!
I believe if you marry outside the USA, you won't then be able to return to the USA and adjust your status, you'd then have to do a spouse immigrant visa. I'm not sure if E-3 is dual intent.
If you get married while you're here in the USA, you can apply for adjustment of status to permanent resident after marriage.
If you leave the USA before you become a USC (as in moving to Australia to pursue her permanent residency for your fiance, you run the risk of abandoning your US PR status. Best bet is to become a USC first, then plan the next move and next pursuit of PR status.
If you mean the right method for applying for green card based on marriage to a USC, you will need to file an AOS package after you get married in the USA. Package consists of I-130, I-485, G-325A's, I-864, I-765 and I-131. Go to www.uscis.gov, Immigration Forms to have a look at them, and the instructions for filing.
Best Wishes,
Rene
If you get married while you're here in the USA, you can apply for adjustment of status to permanent resident after marriage.
If you leave the USA before you become a USC (as in moving to Australia to pursue her permanent residency for your fiance, you run the risk of abandoning your US PR status. Best bet is to become a USC first, then plan the next move and next pursuit of PR status.
If you mean the right method for applying for green card based on marriage to a USC, you will need to file an AOS package after you get married in the USA. Package consists of I-130, I-485, G-325A's, I-864, I-765 and I-131. Go to www.uscis.gov, Immigration Forms to have a look at them, and the instructions for filing.
Best Wishes,
Rene
Feb 8th 2008, 6:53 pm
#4
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Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Re: E3 marrying American Citizen
Feb 9th 2008, 5:53 am
#5
Retired
Joined: Apr 2004
Posts: 34,649
Re: E3 marrying American Citizen
I believe if you marry outside the USA, you won't then be able to return to the USA and adjust your status, you'd then have to do a spouse immigrant visa. I'm not sure if E-3 is dual intent.
If you get married while you're here in the USA, you can apply for adjustment of status to permanent resident after marriage.
If you leave the USA before you become a USC (as in moving to Australia to pursue her permanent residency for your fiance, you run the risk of abandoning your US PR status. Best bet is to become a USC first, then plan the next move and next pursuit of PR status.
If you get married while you're here in the USA, you can apply for adjustment of status to permanent resident after marriage.
If you leave the USA before you become a USC (as in moving to Australia to pursue her permanent residency for your fiance, you run the risk of abandoning your US PR status. Best bet is to become a USC first, then plan the next move and next pursuit of PR status.
That said, I would usually think that marriage in the U.S. and filing for AOS is probably the best option.
As far as I know, he would need Advance Parole in order to travel and re-enter the U.S. if he is in E status. He can also apply for an Employment Authorization Document (again, afaik) once he has filed for AOS.
Regarding getting Australian visa for fiance, Australian citizens can normally sponsor spouses to live in Australia without needing to live in Australia. But the (Australian) tax and health insurance consequences of spouse holding a valid residence visa would need to be thought through.
