I am in love (awwwww) seriously I have met as woman and fully intend to marry her, I am a UK citizen with temporary residency in Australia (my employer transfered me here from UK). Now the lady in question is a USC, and like me currently in the process of getting a divorce, now as a UKC I can travel to USA and stay for up to 3 months as a visitor, how do I (once we are divorced) go about actually getting married in USA, and does this secure my residency status there, can I live and work there etc.. she cant move due to her childrens education etc. if anyone can give me sound advice then I would appreciate it...thanks

If the lady in question is residing in the USA, she can petition on your behalf (once you are both divorced) with a K-1 fiance visa. Check this site or USCIS.gov site for the K-1 (I-129) form and the requisite requirements.

Hey Paul - Congrats on finding that special person. I'm in a similiar situation. I'm a USC and my fiance is from Taiwan. She has been here twice on a visitor's VISA. She can stay for up to 6 months at a time.

My question is this: On her next visit we would like to get married. Can she then stay here and apply for adjustment of status? What problems would we have doing this instead of waiting for a fiance VISA?

If someone has a suggestion on the best path to take please let me know. Thanks! :-)

Phoenix:

She should NOT attempt to do that. Entering on a visitor's visa asserts non-immigrant intent.

Thx Swiss, will look into this and hopefully we can proceed without delay.
As for the divorce issue, I assume this is a pre-requisit to being engaged? we will require evidence of our meetings, but these took place before a divorce do you think this will effect the application ?

Being divorced has nothing to do with an engagement and I doubt Immigration cares when and how you met. This has to do with Immigration requirements for eligibility. In order to petition a future spouse, one has to prove that one is legally able or available to marry, and since you have both married once before, you'll need divorce decrees to show that.

Thks again, ok question #3.. in the web site you posted I read this statement "your fiancé(e) must obtain a visa issued at a U.S. Embassy or consulate abroad." what kind of Visa should I apply for, I note that I must apply for Residency etc after we are married and work permit after we are married, so what kind of Visa ahould I apply for to enter the US assuming the application for our marrage is approved?

OK stike previous question, I have read thru the site and I just need to know if I understand it rght. The USC Petitions me in a I-129f form along with a G-325 Biography form.
Then once approved, Iwill be contacted at my place of residency by the relavent US consulate to apply for a K-3 Nonimmigrant Visa, I enter USA with this Visa, then marry my Fiance, and once this is done I then apply for Residency, and work permits within 90days of marrage..phew .. ok I think I have it and also have the relevant forms to peruse, can you tell me if the sequence I have listed is wrong or any additional forms I need but have failed to list. thanx a bunch...

If you're coming in as a fiance' the citizen files the I-129f and other applicable forms with her service center (Texas, Vermont, etc.). If you're going to marry and then file, the I-129f and other forms goes to Missouri (nebraska service center). The fiance' visa seems to be moving faster in some areas than the K-3. I don't know if you can file for DCF in Australia but it is faster than K-3, if you wish to marry and then come to US. You need to check with their consulate. Here are some sites that will help answer your questions.

K-1 and/or K-3
http://www.geocities.com/ben_jennie/Frames/k1main.html
http://www.kamya.com/intro/k-1.html
http://www.visajourney.com/faq/k1faq.htm
http://www.travel.state.gov/visa/immigrants_types_marriage2.html
http://travel.state.gov/visa/immigrants_types_family3.html
http://uscis.gov/graphics/

www.immigrate2us.net is another good place to post questions. You can do a search on this site and find several discussion on why it's not a good idea to marry while on a visitor's visa. Usually the advice has been to not marry while on one of those because they could say you had intent to marry when you came here and you committed visa fraud. I can't remember the "rule of thumb" on that, to marry after 30 ( or after 60???) if you WERE to marry while on a visitor's visa. At any rate it is risky.