Yes. If you intend to marry overseas, you may be eligible to apply for the Subclass 309/100 Partner Visa before you get married. Please note that the initial Subclass 309 visa will only be granted after the marriage has taken place.
Full Answer
Do I need to be married to apply for a partner visa?
There is no compulsory requirement for you to be in a married relationship before lodging a Partner Visa ( subclass 309/100 or subclass 820/801 ).
How to get an immigrant visa for a spouse of US citizen?
Immigrant visa for a Spouse of a U.S. Citizen (IR1 or CR1) - An immigrant Petition for Alien Relative, Form I-130 is required. Learn more. Nonimmigrant visa for spouse (K-3) - It is important to note that application for the nonimmigrant visa for spouse (K-3) who married a U.S. citizen must be filed and the visa must be issued in ...
When can I apply for a V visa for my spouse?
If you are a permanent resident and you have filed Form I-130 for your spouse and/or minor children on or before Dec. 21, 2000, your spouse and/or children may be eligible for the V visa classification if more than three years have passed since the I-130 was filed. For more information on V visas, see the V Nonimmigrant Visas page.
How do I apply for a partner visa?
To be granted a Partner Visa as a de facto partner (opposite-sex or same-sex), you and your sponsor must show that you have been in a committed de facto relationship for the entire 12 months immediately prior to lodging your application.
Can you get a visa without being married?
Letter from the USCIS giving a green card to a new permanent resident. The path to obtaining a US green card without marriage can be actualized by applying for an employment-based green card, investment-based green card, special immigrants' green card, and ultimately diversity immigrant visas.
Can you get married while waiting for fiancé visa?
K-1 fiancé(e) nonimmigrant visa entitles fiances from different countries to come to the U.S., get married, and stay while they wait for the green card application to be approved. While you may travel on a fiance visa to visit your loved one, it is usually safer not to.
Can you get a visa if you are engaged?
One way is to apply for a fiancé(e) visa if your fiancé(e) is overseas and you want to marry in the United States. This visa lets your fiancé(e) enter the United States for 90 days so that your marriage ceremony can take place in the United States.
Do you have to be married to get a partner visa in Australia?
You must either be married, engaged, in a registered relationship, or a de facto relationship. If You Are Married: If you are applying in Australia, your current visa conditions must allow you to make an application for a partner visa onshore.
How long does fiancé visa take 2022?
approximately 9 to 12 monthsHow long does a fiance visa take? As of March 2022, K-1 visa processing took approximately 9 to 12 months (USCIS time to process Form I-129F).
How long do you have to be together to get a fiancé visa?
What Is a K-1 visa? A K-1 visa — also called a fiancé visa — allows the engaged partner of a U.S. citizen to enter the United States, as long as the couple gets married no more than 90 days later. The newly married spouse can then apply for permanent residence (a “green card”) based on marriage.
Which is faster fiancé visa or spouse?
Application Process and Timeline for Fiancé(e) and Spousal Visa. If your main goal is to get to the U.S. as quickly as possible, then the K-1 fiancé(e) visa is likely the fastest option. But if your goal is to get an actual green card as soon as possible, then a marriage-based visa will be quicker.
Can I marry my girlfriend on a tourist visa in Australia?
Can I get married in Australia on a tourist visa? this is a very common question and the answer is yes you can marry in Australia on a tourist visa (subclass 600) be it 3 months or 6 months there are no restrictions getting legally married.
Can I sponsor boyfriend?
You cannot sponsor your significant other to live with you, only visit. At the moment there isn't an unmarried partner visa available. Your partner should be your legal spouse or your fiancé. As a general rule, you will have to complete an I-130 Form (Petition for Alien Relative).
Who can apply partner visa?
You will usually be eligible to apply for a Permanent Partner visa after 2 years being on the Temporary. As discussed there are 2 eligibility paths to a Partner visa. You either have to be in a Married relationship or be in a De Facto Relationship.
Can I apply for a visa for my girlfriend?
A. As a U.S. citizen, you can bring your girlfriend here on a fiancée or fiancé visa. The alternative is to marry her abroad and then petition for her to get an immigrant visa. For the fiancée visa, you must prove that you had a face-to-face meeting in the two years prior to filing the petition.
Can I bring my girlfriend to Australia?
To be eligible for a Partner Visa you must be married to, or in a de facto (common law) relationship, with an Australian citizen or permanent resident. Interdependent, or same-sex partners are also eligible. Under the Partner Visa, your partner must sponsor you for a period of 2 years.
What happens if I get married while waiting for K-1 visa?
A foreign marriage voids the K-1 visa and makes you ineligible for entry with a K-1. If you do get married while your K-1 is pending or approved (while outside the US), you must formally withdraw your petition. Do not continue any further, even if your I-129f is approved, or an interview is scheduled with the Embassy.
Which is faster fiancé or marriage visa?
If the goal is for the couple to be together in the U.S. as soon as possible, the K-1 visa is most likely the fast path. From the date of filing to the date of admission to the U.S., it will take approximately 5-10 months on a K-1 fiancé visa. On the other hand, the marriage visa may take 10-16 months.
Why would a fiancé visa be denied?
Reasons for U.S. Citizenship and Immigration Services (USCIS) to deny or reject K-1 visa applications include a suspicious relationship, ineligibility to marry, insufficient income, or no plans to marry within 90 days. Of course, fraudulent applications also result in a fiancé(e) visa rejections or denials.
What percentage of fiancé visas are approved?
In 2015, during the Obama Administration, the USCIS approved about 99 percent of all fiancé(e) visa petitions. By late 2018 this figure had fallen to around 67 percent. The lower the fiancé(e) visa approval rate descends, the more attractive a marriage-based green card application is going to look.
1. I want to sponsor my partner, what are the basic things to consider?
Many Australians find overseas partners who they wish to spend the rest of their life with, and there is a pathway to obtain a permanent visa based...
2. I’m currently on a bridging Visa awaiting the assessment of my subclass 820 visa or I am on a pro...
You have the right to request the Department of Home Affairs to make a decision on your 820 or 801 visa (PR), even if it highly likely to be refuse...
3. What if my partner and I have just started living together or we have been living together but ha...
You can lodge a Partner visa 820/801, based on either a de-facto relationship or being married, with limited evidence and keep adding new relations...
How long do you have to be married to get a partner visa?
To be eligible to apply for a partner visa, you can either be in a married relationship OR in a defacto relationship for 12 months before applying OR be in a relationship that is registered under a prescribed Australian state or territory legislation.
What is a partner visa?
Meanwhile, the Partner Visa is for people who are already married, in a de facto relationship or in a registered relationship/civil partnership with their Australian partner and wish to to migrate to Australia to be with their Australian partner.
What is the difference between a partner visa and a subclass visa?
The main difference between these two subclasses of partner visas is that the Subclass 820 can only be lodged within Australia and the Subclass 309 can only be lodged from outside Australia. The Subclass 820 visa application will result in a bridging visa which allows you to remain in Australia until the visa is decided whereas you will normally need to wait for the grant of the Subclass 309 visa before you can travel to Australia.
How long does it take to get a partner visa in Australia?
The Department of Immigration’s average processing times for the first stage temporary Partner Visa (Subclass 820) and the second stage permanent Partner Visa (Subclass 801) applications is 16 to 21 months from the date of lodgement (current as at 14 June 2017). So make sure you're ready for the stressful times ahead!
How old do you have to be to be dependent on your partner?
If the child is over 18 years of age and migrating with your partner, they have to be financially dependent on your partner e.g. studying full time, not working, all support is from your partner. All dependent children, whether or not they are migrating, are usually required to undertake a visa medical examination.
How old do you have to be to be a witness for a visa?
They must be at least 18 years of age and an Australian citizen or Australian permanent resident.
When to ask for an interview for a visa?
An interview is more commonly requested if you are lodging from another country and if you have not known your partner for very long before marrying and applying for the visa. The interview may be over the telephone or in person with the decision maker at an agreed location and time.
How to apply for a partner visa in Australia?
You must either be married, engaged and intending to get married or living together in a de facto relationship. In all partner visa applications, you need to present evidence that you are in a genuine and committed relationship. Applications can be lodged in Australia when the applicant is in Australia (820/801) or if the applicant is overseas (309/100). If lodged in Australia, the applicant can go on a bridging visa and remain in Australia for however long it takes to assess the application. Prospective partner visas, also known as fiancé visas (300), have to be lodged when the applicant is offshore.
How long does it take to get married on a visa?
You will need to be able to show that your relationship is genuine and demonstrate that you genuinely intend to marry your fiancé within nine months from the date you are granted a visa and intend to then live with your partner as their spouse.
How long does a provisional partner visa last in Australia?
Once the assessing officer is satisfied that you are in a genuine relationship and you meet all the other criteria, you will be issued a Provisional Partner Visa that allows you to come and stay in Australia, valid until a decision is made on your permanent visa. You can submit documents for a permanent visa two years after the initial application lodgement. Provided you can demonstrate that the relationship is ongoing and genuine, you will be granted Permanent Residence visa.
How long do you have to marry a sponsor?
You will have to marry your sponsor within 9 months from the date when that visa is granted. Once married, within 9 months from the date of a subclass 300 visa grant, you will be allowed to lodge an application for an onshore partner visa (820/801). You will have to be in Australia at the time of application lodgement and when a decision is made on ...
How many years apart can you sponsor a partner?
You can sponsor up to two overseas partners in your life with each application having to be at least 5 years apart.
When did Juan get her visa?
Juan applied for a Spouse Visa (Provisional 309) in March 2011 and got her Permanent Visa (Subclass 100) in August 2012.
When did Rainer and I get married?
I met my husband, Rainer, an Australian of Norwegian background, and an IT Technician, in Jan 2008 and we got married in China in Jan 2010. At that time, I was working in Nanjing, China and my husband was working in Sydney, Australia. We had to live separately even after we got married, which was very grievous for a recently married couple.
How long does it take to marry a foreign national on a K-2 visa?
According to immigration law, someone counts as a fiancé (e) only if the U.S. citizen intends to marry the foreign national within 90 days of his or her entry into the U.S. K-2 visa – this one is for the children of a foreign national fiancé (e) who is under K-1 status.
How to validate marriage to USCIS?
To validate your marriage to USCIS, you will need to provide various items that demonstrate a husband-wife relationship, chief among them being your marriage certificate recognized by the law of the country where the marriage took place. Other documents such as joint bank account, family pictures, and related evidence will also help prove your case.
What is the DOS Definition of a Spouse?
citizen or lawful permanent resident. According to the U.S. Department of State, “a spouse is a legally wedded wife or husband.” The following explanations further clarify what a spouse is and what it isn’t when it comes to the immigration application process:
What is a K-3 visa?
K-3 visa – this visa is meant for the foreign-born spouses of U.S. citizens. If the citizen sponsor has filed an I-130 for a marriage-based green card, the alien spouse can use the K-3 visa to remain in the U.S. while awaiting the decision.
What is the first step to getting a green card?
The first step towards acquiring a marriage-based green card is filing Form I-130, Petition for Alien Relative. The form must be filed by a U.S. citizen or permanent resident on behalf of the beneficiary spouse and must be submitted to the United States Citizenship and Immigration Services (USCIS).
What is the purpose of a marriage petition?
The purpose of this form is to request the agency’s approval to allow your spouse to live in the U.S. as a permanent resident. It also provides you with the opportunity to prove that you have a valid marriage, which is the basis of any marriage-based petition.
What is common law marriage?
Common-law marriage is an agreement between a man and woman to get married without observing a religious or civil ceremony. If you are in a polygamous marriage, only the first spouse may qualify as a spouse eligible for a marriage visa.
How long do you have to be married to get a permanent resident card?
If you have been married less than 2 years when your spouse is granted permanent resident status, your spouse will receive permanent resident status on a conditional basis. To remove the conditions on residence, you and your spouse must apply together using Form I-751, Petition to Remove the Conditions of Residence. (Note that Form I-90, Application to Replace Permanent Resident Card, is not used for this purpose.)
Where to send an inquiry for an overseas visa?
If you received the immigrant visa overseas, you may contact the National Visa Center (NVC) for follow-to-join information. Send your inquiry by e-mail to [email protected] or by writing to the National Visa Center , ATTN: WC, 32 Rochester Ave., Portsmouth, NH 03801-2909.
What happens if I file a denial letter for a visa?
If the visa petition you filed is denied, the denial letter will tell you how to appeal and when you must file the appeal. After your appeal form and the required fee are processed, the appeal will be referred to the Board of Immigration Appeals. For more information, see the How Do I Guides.
Can I file an I-824 with an I-485?
If you are in the United States and have not yet filed to adjust your status to permanent resident, you can file Form I-824 with your Form I-485, in which case no supporting documents are needed other than those submitted with Form I-485.
Can I file for a K-3 visa with my spouse?
If you are a U.S. citizen, once you file Form I-130, your spouse is eligible to apply for a nonimmigrant K-3 visa. This will entitle him or her to come to the United States to live and work while the visa petition is pending. To petition for this benefit, file Form I-129F, Petition for Alien Fiancé (e). Note that you are not required to file Form I-129F. Your spouse may wait abroad for immigrant visa processing. However, seeking a K-3 visa can be an additional method for him or her to come to the United States. For more information, see the K-3/K-4 Nonimmigrant Visas page.
