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My dual citizen son (US and Australia) wants to marry a US citizen but live in Australia


What is the official status of a foreign born child to US Citizen parent who meets all requirements to pass citizenship?Improving chances of obtaining Visitor Visa (Family stream) for more than 3 monthsBorn in Ghana, West Africa to British parents - can my kids get British passportsLeaving USA as a Dual national entering Australia without Australian passportWhat is the process to cancel my child's Chinese citizenship?Consular report of birth abroad or birth certificateRegistering French nationality - name change and where to get helpFilipino child of a US citizen refused a non-immigrant visaMarriage abroad, how to handle the bank residential address?How can I have my child born in Australia without going bankrupt?













6















I cannot find any information on this scenario:



My son was born in Australia (and lives in Australia) and received his US citizenship via a Consular Report of Birth Abroad due to me being a US citizen/Australian Citizen.



We thought it might be better if they married in the US due to both being US citizens, but then after the wedding they plan to move back to Australia. Which visa would she travel to Australia on?










share|improve this question



















  • 1





    Why would their both being US citizens make a difference in where they should marry? Where did they meet? Where do they reside now?

    – phoog
    May 6 at 12:46











  • Also one of them should consider renouncing their US citizenship. Having both spouses with American citizenship in Australia will lead to massive tax headaches

    – CodyBugstein
    May 6 at 13:20






  • 1





    @CodyBugstein Would you expand your comment? What "massive tax headaches" might ensue?

    – David
    May 6 at 14:01











  • @David for example, when they sell their home in Australia, they will need to pay capital gains to the USA. If one spouse is not American, they can put the house in his/her name and then not be hit by the tyrannical US tax

    – CodyBugstein
    May 6 at 14:03






  • 1





    @CodyBugstein Perhaps. Doing so would seem to require separate (rather than joint) US income tax returns, which could still be troublesome if the US citizen spouse had previously claimed ownership of the property in tax returns. On a non-tax level, it could also generate significant troubles in separating the couple's fiscal estates in the future if the marriage founders.

    – David
    May 6 at 14:09















6















I cannot find any information on this scenario:



My son was born in Australia (and lives in Australia) and received his US citizenship via a Consular Report of Birth Abroad due to me being a US citizen/Australian Citizen.



We thought it might be better if they married in the US due to both being US citizens, but then after the wedding they plan to move back to Australia. Which visa would she travel to Australia on?










share|improve this question



















  • 1





    Why would their both being US citizens make a difference in where they should marry? Where did they meet? Where do they reside now?

    – phoog
    May 6 at 12:46











  • Also one of them should consider renouncing their US citizenship. Having both spouses with American citizenship in Australia will lead to massive tax headaches

    – CodyBugstein
    May 6 at 13:20






  • 1





    @CodyBugstein Would you expand your comment? What "massive tax headaches" might ensue?

    – David
    May 6 at 14:01











  • @David for example, when they sell their home in Australia, they will need to pay capital gains to the USA. If one spouse is not American, they can put the house in his/her name and then not be hit by the tyrannical US tax

    – CodyBugstein
    May 6 at 14:03






  • 1





    @CodyBugstein Perhaps. Doing so would seem to require separate (rather than joint) US income tax returns, which could still be troublesome if the US citizen spouse had previously claimed ownership of the property in tax returns. On a non-tax level, it could also generate significant troubles in separating the couple's fiscal estates in the future if the marriage founders.

    – David
    May 6 at 14:09













6












6








6








I cannot find any information on this scenario:



My son was born in Australia (and lives in Australia) and received his US citizenship via a Consular Report of Birth Abroad due to me being a US citizen/Australian Citizen.



We thought it might be better if they married in the US due to both being US citizens, but then after the wedding they plan to move back to Australia. Which visa would she travel to Australia on?










share|improve this question
















I cannot find any information on this scenario:



My son was born in Australia (and lives in Australia) and received his US citizenship via a Consular Report of Birth Abroad due to me being a US citizen/Australian Citizen.



We thought it might be better if they married in the US due to both being US citizens, but then after the wedding they plan to move back to Australia. Which visa would she travel to Australia on?







us-citizens australia dual-citizenship australian-citizens






share|improve this question















share|improve this question













share|improve this question




share|improve this question








edited May 10 at 6:08









k2moo4

46634




46634










asked May 6 at 2:41









Mandy JenningsMandy Jennings

342




342







  • 1





    Why would their both being US citizens make a difference in where they should marry? Where did they meet? Where do they reside now?

    – phoog
    May 6 at 12:46











  • Also one of them should consider renouncing their US citizenship. Having both spouses with American citizenship in Australia will lead to massive tax headaches

    – CodyBugstein
    May 6 at 13:20






  • 1





    @CodyBugstein Would you expand your comment? What "massive tax headaches" might ensue?

    – David
    May 6 at 14:01











  • @David for example, when they sell their home in Australia, they will need to pay capital gains to the USA. If one spouse is not American, they can put the house in his/her name and then not be hit by the tyrannical US tax

    – CodyBugstein
    May 6 at 14:03






  • 1





    @CodyBugstein Perhaps. Doing so would seem to require separate (rather than joint) US income tax returns, which could still be troublesome if the US citizen spouse had previously claimed ownership of the property in tax returns. On a non-tax level, it could also generate significant troubles in separating the couple's fiscal estates in the future if the marriage founders.

    – David
    May 6 at 14:09












  • 1





    Why would their both being US citizens make a difference in where they should marry? Where did they meet? Where do they reside now?

    – phoog
    May 6 at 12:46











  • Also one of them should consider renouncing their US citizenship. Having both spouses with American citizenship in Australia will lead to massive tax headaches

    – CodyBugstein
    May 6 at 13:20






  • 1





    @CodyBugstein Would you expand your comment? What "massive tax headaches" might ensue?

    – David
    May 6 at 14:01











  • @David for example, when they sell their home in Australia, they will need to pay capital gains to the USA. If one spouse is not American, they can put the house in his/her name and then not be hit by the tyrannical US tax

    – CodyBugstein
    May 6 at 14:03






  • 1





    @CodyBugstein Perhaps. Doing so would seem to require separate (rather than joint) US income tax returns, which could still be troublesome if the US citizen spouse had previously claimed ownership of the property in tax returns. On a non-tax level, it could also generate significant troubles in separating the couple's fiscal estates in the future if the marriage founders.

    – David
    May 6 at 14:09







1




1





Why would their both being US citizens make a difference in where they should marry? Where did they meet? Where do they reside now?

– phoog
May 6 at 12:46





Why would their both being US citizens make a difference in where they should marry? Where did they meet? Where do they reside now?

– phoog
May 6 at 12:46













Also one of them should consider renouncing their US citizenship. Having both spouses with American citizenship in Australia will lead to massive tax headaches

– CodyBugstein
May 6 at 13:20





Also one of them should consider renouncing their US citizenship. Having both spouses with American citizenship in Australia will lead to massive tax headaches

– CodyBugstein
May 6 at 13:20




1




1





@CodyBugstein Would you expand your comment? What "massive tax headaches" might ensue?

– David
May 6 at 14:01





@CodyBugstein Would you expand your comment? What "massive tax headaches" might ensue?

– David
May 6 at 14:01













@David for example, when they sell their home in Australia, they will need to pay capital gains to the USA. If one spouse is not American, they can put the house in his/her name and then not be hit by the tyrannical US tax

– CodyBugstein
May 6 at 14:03





@David for example, when they sell their home in Australia, they will need to pay capital gains to the USA. If one spouse is not American, they can put the house in his/her name and then not be hit by the tyrannical US tax

– CodyBugstein
May 6 at 14:03




1




1





@CodyBugstein Perhaps. Doing so would seem to require separate (rather than joint) US income tax returns, which could still be troublesome if the US citizen spouse had previously claimed ownership of the property in tax returns. On a non-tax level, it could also generate significant troubles in separating the couple's fiscal estates in the future if the marriage founders.

– David
May 6 at 14:09





@CodyBugstein Perhaps. Doing so would seem to require separate (rather than joint) US income tax returns, which could still be troublesome if the US citizen spouse had previously claimed ownership of the property in tax returns. On a non-tax level, it could also generate significant troubles in separating the couple's fiscal estates in the future if the marriage founders.

– David
May 6 at 14:09










1 Answer
1






active

oldest

votes


















7














It does not matter where the wedding is actually performed. Both the US and Australia (like virtually all countries) recognise marriages that have been legally performed according to the laws of the country where the wedding took place.



If they get married in the US, then after getting married, your son's wife would apply for one of the Australian Partner Visas.



If they get married in Australia, she would come to Australia with a Prospective Marriage Visa.



I see that the cost of both of these visas is an eye-watering AU$7,160, and it might be some time before the application is approved (expected processing times are shown on the web site).






share|improve this answer


















  • 1





    And I thought the UKs fees were high! It might be worth mentioning that although Australia and the US will both recognize the validity of marriages performed almost anywhere, there are many jurisdictions that require at least one of the parties to the marriage to be a resident of the jurisdiction, so the actual range of possible venues for the wedding may be somewhat more limited.

    – phoog
    May 6 at 12:42







  • 3





    I know what wedding gift they should request!

    – axsvl77
    May 6 at 12:53











Your Answer








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1 Answer
1






active

oldest

votes








1 Answer
1






active

oldest

votes









active

oldest

votes






active

oldest

votes









7














It does not matter where the wedding is actually performed. Both the US and Australia (like virtually all countries) recognise marriages that have been legally performed according to the laws of the country where the wedding took place.



If they get married in the US, then after getting married, your son's wife would apply for one of the Australian Partner Visas.



If they get married in Australia, she would come to Australia with a Prospective Marriage Visa.



I see that the cost of both of these visas is an eye-watering AU$7,160, and it might be some time before the application is approved (expected processing times are shown on the web site).






share|improve this answer


















  • 1





    And I thought the UKs fees were high! It might be worth mentioning that although Australia and the US will both recognize the validity of marriages performed almost anywhere, there are many jurisdictions that require at least one of the parties to the marriage to be a resident of the jurisdiction, so the actual range of possible venues for the wedding may be somewhat more limited.

    – phoog
    May 6 at 12:42







  • 3





    I know what wedding gift they should request!

    – axsvl77
    May 6 at 12:53















7














It does not matter where the wedding is actually performed. Both the US and Australia (like virtually all countries) recognise marriages that have been legally performed according to the laws of the country where the wedding took place.



If they get married in the US, then after getting married, your son's wife would apply for one of the Australian Partner Visas.



If they get married in Australia, she would come to Australia with a Prospective Marriage Visa.



I see that the cost of both of these visas is an eye-watering AU$7,160, and it might be some time before the application is approved (expected processing times are shown on the web site).






share|improve this answer


















  • 1





    And I thought the UKs fees were high! It might be worth mentioning that although Australia and the US will both recognize the validity of marriages performed almost anywhere, there are many jurisdictions that require at least one of the parties to the marriage to be a resident of the jurisdiction, so the actual range of possible venues for the wedding may be somewhat more limited.

    – phoog
    May 6 at 12:42







  • 3





    I know what wedding gift they should request!

    – axsvl77
    May 6 at 12:53













7












7








7







It does not matter where the wedding is actually performed. Both the US and Australia (like virtually all countries) recognise marriages that have been legally performed according to the laws of the country where the wedding took place.



If they get married in the US, then after getting married, your son's wife would apply for one of the Australian Partner Visas.



If they get married in Australia, she would come to Australia with a Prospective Marriage Visa.



I see that the cost of both of these visas is an eye-watering AU$7,160, and it might be some time before the application is approved (expected processing times are shown on the web site).






share|improve this answer













It does not matter where the wedding is actually performed. Both the US and Australia (like virtually all countries) recognise marriages that have been legally performed according to the laws of the country where the wedding took place.



If they get married in the US, then after getting married, your son's wife would apply for one of the Australian Partner Visas.



If they get married in Australia, she would come to Australia with a Prospective Marriage Visa.



I see that the cost of both of these visas is an eye-watering AU$7,160, and it might be some time before the application is approved (expected processing times are shown on the web site).







share|improve this answer












share|improve this answer



share|improve this answer










answered May 6 at 3:18









Greg HewgillGreg Hewgill

4,065618




4,065618







  • 1





    And I thought the UKs fees were high! It might be worth mentioning that although Australia and the US will both recognize the validity of marriages performed almost anywhere, there are many jurisdictions that require at least one of the parties to the marriage to be a resident of the jurisdiction, so the actual range of possible venues for the wedding may be somewhat more limited.

    – phoog
    May 6 at 12:42







  • 3





    I know what wedding gift they should request!

    – axsvl77
    May 6 at 12:53












  • 1





    And I thought the UKs fees were high! It might be worth mentioning that although Australia and the US will both recognize the validity of marriages performed almost anywhere, there are many jurisdictions that require at least one of the parties to the marriage to be a resident of the jurisdiction, so the actual range of possible venues for the wedding may be somewhat more limited.

    – phoog
    May 6 at 12:42







  • 3





    I know what wedding gift they should request!

    – axsvl77
    May 6 at 12:53







1




1





And I thought the UKs fees were high! It might be worth mentioning that although Australia and the US will both recognize the validity of marriages performed almost anywhere, there are many jurisdictions that require at least one of the parties to the marriage to be a resident of the jurisdiction, so the actual range of possible venues for the wedding may be somewhat more limited.

– phoog
May 6 at 12:42






And I thought the UKs fees were high! It might be worth mentioning that although Australia and the US will both recognize the validity of marriages performed almost anywhere, there are many jurisdictions that require at least one of the parties to the marriage to be a resident of the jurisdiction, so the actual range of possible venues for the wedding may be somewhat more limited.

– phoog
May 6 at 12:42





3




3





I know what wedding gift they should request!

– axsvl77
May 6 at 12:53





I know what wedding gift they should request!

– axsvl77
May 6 at 12:53

















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