Marrying a US citizen in US but not living in US

[Sz123 0]

Hi all,

I am just looking for some help so my partner and I can start planning a few things. I am an Australian citizen. My partner is from the US and living in Australia. He is going to be a permanent resident of Australia through the Australian partner visa route.

We are planning to get married in the future and after several discussions, we are toying with the idea of getting married or having a wedding in the US.

The main reason being that his parents have health issues and are unlikely to be able to make the long journey down under for a wedding. We would like to have a wedding at a half way point eg. Hawaii.

We both live and work in Australia. I had a look at the K1 visa but I still would like to know a couple of things.

1. Will my partner have to apply for the K1visa in the US? We don't intend to live in the US after getting married, at least not for quite some time.

2. If after obtaining the K1 visa for marriage and we do get married, is there a time limit that I, as a non citizen have to apply for a permanent visa? Or can I simply apply for it whenever we decide to move there? Do I need to apply for any special visas when I am simply visiting the US after the K1 is granted and we are married?

Thank you in advance.

[MacUK 983]

Do you qualify for VWP?

[Penguin_ie 6,002]

No need for a visa; as an Australian, you can use the Visa Waiver Program to visit and marry, as long as you do not use it to immigrate/ stay in the USA.

[Sz123 0]

Thank you.

I wasn't sure if the VWP will complicate matters further down the track.

I read from another forum that I might not be able to use the VWP after getting married if we visit the US.

I am also worried that I might be doing something 'illegal' and complicate my status if I marry while on the VWP as that is not the intent of the program. Also, wouldn't the offices that issue the marriage license want to see something to proof my immigration status before issuing us a license?

I just want to cover my basis and not have last minute nasties crop up.

[Penguin_ie 6,002]

The intent of the VWP is to visit the USA, usually as a tourist; to se family, attend events and experience the culture. This is what you are doing; you are attending a wedding. And yes, you can visit on the VWP after getting married to a US citizen.

[Scandi 4,363]

Tons and tons of couples go to the US every year to get married and then return to their own countries. There's nothing illegal about going to the US on VWP and marry, go for it.

Many, many wives and husbands have also travelled to the US on VWP to see their spouses while waiting for their visas to be approved (if they apply for immigrant visas).

The only illegal thing is if you travel to the US on VWP with the intent to stay and adjust status. But if you go home after the marriage, before your i-94 expires, there's no problem at all.

Edited September 18, 2016 by Scandi

[Sz123 0]

Brilliant! Thank you all for your help. This helps a lot. Makes it so much easier planning things going forward.