Sponsoring a Partner From the United States

Australians who want to sponsor partner from the USA can do so through the Australian partner visa program, as long as the Australian partner is an eligible sponsor and the couple can prove a genuine and continuing married or de facto relationship. The decision to sponsor partner from the USA starts with three questions: is the sponsor eligible, which visa subclass fits where the American partner will be when the application is lodged, and is the relationship recognised under Australian law.

This guide is written for the Australian sponsor. It explains how to sponsor partner from the USA through the offshore Subclass 309, the onshore Subclass 820 and the Subclass 300 prospective marriage visa, how American marriages, divorces and same-sex marriages are treated, which United States documents and police checks are usually needed, and the refusal risks that come up most often for American partners.

For the wider framework, the complete guide to partner visas in Australia sets out each stage of the program. The firm's earlier country guide on the Australian partner visa for US citizens is written from the applicant's side. This article is written for the person in Australia who is doing the sponsoring.

Can an Australian sponsor partner from the USA?

Yes. An Australian citizen, an Australian permanent resident or an eligible New Zealand citizen who is at least 18 years old can sponsor partner from the USA, provided the sponsorship is approved by the Department of Home Affairs under the rules in Division 1.4B of the Migration Regulations 1994.

Being a citizen or permanent resident is the starting point, not the finish line. The Department assesses the sponsor separately from the American applicant. The key sponsor requirements are:

• Status. The sponsor must be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen. The guides on the Australian citizen partner visa sponsor and the permanent resident partner visa sponsor explain the evidence for each.
• The sponsorship limitation in regulation 1.20J. In summary, a person may have at most two approved partner sponsorships, and cannot have another approved within five years of the first visa application they sponsored. A sponsor who was themselves sponsored as a partner cannot sponsor within five years of their own visa application. The Department may waive these limits where there are compelling circumstances affecting the sponsor.
• Character of the sponsor. Under regulation 1.20KC, the sponsorship must be refused if the sponsor has been convicted of a relevant offence and has a significant criminal record for it, unless approval is reasonable.
• Sponsorship undertakings. The sponsor agrees to support the applicant financially and with accommodation for the first two years. The article on partner visa sponsor obligations explains what that means in practice.

A large group of Australians who sponsor partner from the USA are themselves living or working in America. A sponsor can be living overseas when the application is made, but must show an intention to live with the partner in Australia. The guide on the partner visa sponsor living overseas and the article on the sponsor returning to live in Australia cover that situation. Sponsors who hold both Australian and American citizenship should read the guide on the partner visa sponsor who is a dual citizen, and those who acquired Australian citizenship through a parent should read about the sponsor who is a citizen by descent.

The commercial page on partner visa sponsorship limitations explains every bar that can stop a sponsorship. The guide to partner visa sponsor eligibility and the short answer on who can sponsor a partner visa give the basic rules.

Which visa should you use to sponsor partner from the USA?

The right visa to sponsor partner from the USA depends mainly on where the American partner will be on the day the application is lodged. If the partner is outside Australia, the application is for the Subclass 309 and Subclass 100. If the partner is in Australia holding a suitable visa, the application can be for the Subclass 820 and Subclass 801. If the couple are engaged and plan to marry, the Subclass 300 is available.

All applicants for a Subclass 309 visa must be outside Australia at the time of application, under paragraph 1220A(3)(b) of Schedule 1. The visa must also generally be granted while the applicant is outside Australia. The application is made at the same time as the application for the permanent Subclass 100. The firm's page on the Subclass 309 partner visa explains the offshore stream, and the short answer on help with an offshore Subclass 309/100 partner visa explains where a lawyer adds value.

The Subclass 820 is lodged in Australia, together with the permanent Subclass 801. The applicant must be in Australia when the application is made. The page on the Subclass 820 partner visa explains the onshore stream. The comparison of onshore and offshore partner visas sets out the practical differences, including travel, work rights and bridging visas.

Each pathway has trade-offs for sponsors who sponsor partner from the USA:

• Offshore Subclass 309. The partner can keep working in the United States while the application is processed and can usually visit Australia on a visitor visa or Electronic Travel Authority. The partner cannot settle in Australia until the visa is granted.
• Onshore Subclass 820. The partner can live in Australia with the sponsor while the application is processed, normally on a bridging visa. The partner must be in Australia on lodgement day and must hold a visa that permits a further application.
• Subclass 300. The engaged partner enters Australia, marries the sponsor within the visa period and then applies for the Subclass 820 in Australia.

The page on the Subclass 300 prospective marriage visa explains the engaged-couple pathway. The firm's comparison of onshore and offshore processing times explains why neither stream can be assumed to be faster.

Can an American partner on an Electronic Travel Authority apply onshore?

Yes, in many cases. A citizen of the United States who visits Australia on an Electronic Travel Authority (Subclass 601) holds a substantive visa, so a Subclass 820 application lodged while that visa is in effect does not trigger the Schedule 3 criteria that apply to people without a substantive visa.

The critical check is the visa conditions. If the visa has condition 8503 (no further stay), the partner cannot make a valid partner visa application in Australia unless the condition is first waived. Whether 8503 applies is shown on the grant record. It should be confirmed before the couple plan an onshore application, rather than assumed. The guides on condition 8503 and the no further stay problem and on applying for a partner visa while on a tourist visa explain the rules.

A second risk is the purpose of the visit. A person who enters Australia as a visitor must be a genuine visitor at the time of entry. A partner who travels with a fixed plan to lodge a partner visa may face questions about statements made when the visa was obtained. The short answer on bringing a spouse to Australia on a visitor visa explains that risk.

The Schedule 3 and Subclass 820 timing rules also matter if the visit visa is about to expire. An application made the day after a visa expires is a very different application from one made the day before. The firm's urgent partner visa lodgement page deals with deadlines of that kind.

Is a marriage in the United States recognised in Australia?

Yes, generally. A marriage solemnised in the United States is recognised in Australia if it was valid under the law of the state where it took place and none of the grounds for non-recognition in the Marriage Act 1961 applies, so the couple can usually apply as spouses.

Section 12 of the Migration Act 1958 generally mirrors the Marriage Act when deciding whether a marriage is valid for migration purposes. Department policy states that a marriage not recognised in the country where it was solemnised will not be recognised under the Marriage Act or under the Migration Act. The firm's articles on whether an overseas marriage is recognised in Australia and the short answer on overseas marriage recognition for a partner visa explain the general rules.

The grounds on which a foreign marriage is not recognised include:

• one party was still married to someone else at the time of the marriage;
• the parties are within a prohibited degree of relationship, meaning an ancestor and descendant or siblings (Department policy confirms that marriages between cousins are not prohibited);
• the consent of either party was not real consent; and
• certain underage marriages, assessed under section 88D of the Marriage Act.

For couples who sponsor partner from the USA, the last three are rarely in issue. The first is the one that causes problems, because prior marriages and divorces are common in the sponsor or applicant's history and every previous marriage must have ended before the current marriage took place.

Marriage licence or marriage certificate?

In most American states the couple first obtain a marriage licence, which authorises the ceremony, and then, after the ceremony, a certified copy of the marriage certificate or record is issued by the county or state office. The certified marriage record is the document that proves the marriage took place. A licence on its own does not.

This matters for couples who want to sponsor partner from the USA after a short ceremony, including a Las Vegas or courthouse wedding. A marriage of that kind is recognised if it was valid where it took place. The Department will still look at the genuineness of the relationship, and a recent or quick wedding is not, by itself, evidence that the relationship is genuine. The firm's article on which marriage certificates are accepted explains the evidence.

Same-sex marriages and common-law marriages

A same-sex marriage solemnised in the United States is recognised. Department policy confirms that, from 9 December 2017, Part VA of the Marriage Act recognises same-sex marriages solemnised overseas where the marriage was valid under local law when solemnised. The firm's page on LGBTI partner visas covers same-sex couples in detail.

A common-law marriage is different. A small number of American states treat a couple as married without a ceremony. Australian recognition of foreign marriages under Part VA is directed to marriages that were solemnised, and section 12 of the Migration Act excludes recognition that depends only on the common law rules of private international law. A couple relying on an informal American marriage of this kind should not assume it will be accepted as a marriage. In most cases the safer course is to apply as de facto partners, or to marry formally before lodging.

Previous divorces in the United States

Every previous marriage of the sponsor and the applicant must have ended before the current marriage. A divorce granted by an American state court is ordinarily evidenced by the final decree. The decree should show the date the divorce became final, not only the date the proceedings started. The guide on a partner visa after divorce explains the issues, and the short answer on proxy and online marriages covers ceremonies conducted remotely.

Can you sponsor partner from the USA as a de facto couple?

Yes. Couples who are not married can sponsor partner from the USA as de facto partners, but the relationship must generally have existed for at least 12 months before the application is made, and the couple must show a mutual commitment to a shared life to the exclusion of all others.

Under section 5CB of the Migration Act, a de facto relationship requires that the couple:

• have a mutual commitment to a shared life to the exclusion of all others;
• have a genuine and continuing relationship;
• live together, or do not live separately and apart on a permanent basis; and
• are not related by family.

Regulation 2.03A adds the 12-month requirement. Time spent living together in the United States counts. The short answer on whether living together overseas counts towards the 12 months explains how the period is measured, and the article on the Subclass 820 de facto 12-month rule explains the exceptions.

The 12-month requirement does not apply where the relationship is registered under a law of an Australian State or Territory. American domestic partnerships and civil unions are not Australian registrations. They are useful evidence of commitment, but they do not by themselves remove the 12-month requirement. The short answer on whether an overseas registered relationship counts deals with this question.

The guide to the de facto partner visa in Australia explains the de facto pathway in full.

Should you marry before you sponsor partner from the USA?

Not necessarily. Marriage is not required to sponsor partner from the USA, and the timing of a wedding should suit the relationship, not the visa. The question is which category the couple can prove most clearly on the day of lodgement.

The practical considerations are:

• Couples together less than 12 months. A married couple does not need to meet the 12-month de facto requirement, so a genuine marriage can allow an earlier application. The genuineness of the relationship is still assessed in full.
• Couples already living together for 12 months or more. A de facto application may be lodged without waiting for a wedding, and a later marriage can be notified to the Department during processing.
• Engaged couples who want to marry in Australia. The Subclass 300 lets the American partner enter Australia to marry within the visa period.

For couples who want to sponsor partner from the USA, the choice between these options is often a timing decision. It should be made before anyone books flights or a wedding venue. The short answer on getting married in Australia on a visitor visa explains the visitor visa risk for couples who plan to marry during a visit.

What if the American partner is already in Australia on another visa?

An American partner who is already in Australia on a student, work or working holiday visa can usually apply for the Subclass 820 onshore, provided that visa is in effect on the day of lodgement and does not carry a no further stay condition.

This is a common situation for sponsors who meet an American partner in Australia. Each visa raises its own questions when the sponsor wants to sponsor partner from the USA without the partner leaving:

• Working holiday visas. The partner can apply for a Subclass 820 while the visa is in effect. The guide on a partner visa while on a working holiday visa explains the timing.
• Student visas. The partner can apply while the student visa is in effect. Changing course plans or stopping study before the partner visa is lodged can create problems. The guide on a partner visa while on a student visa explains the risks.
• Employer sponsored visas. A partner who holds a temporary skill visa can usually move to the partner pathway. The guide on a partner visa while on a 482 visa explains the issues, including leaving the sponsoring employer.

The worst outcome is a partner whose visa has already expired. A person without a substantive visa must meet the Schedule 3 criteria unless there are compelling reasons not to apply them. The firm's page on Schedule 3 waivers explains that test. Couples who sponsor partner from the USA after the partner's visa has expired need advice quickly.

What documents are needed to sponsor partner from the USA?

To sponsor partner from the USA, the couple usually need identity, civil status and relationship documents from both sides, together with the sponsor's evidence of Australian status and the sponsorship form, and every document must be accurate and consistent with the others.

From the American partner, the Department will usually expect:

• a current United States passport, with the biographical page;
• a birth certificate issued by the relevant state or county vital records office;
• a certified copy of the marriage certificate or record, if married;
• final divorce decrees for any previous marriages, or death certificates where a previous spouse died;
• evidence of any change of name;
• police certificates, as explained in the next section; and
• health examinations when requested.

From the Australian sponsor, the Department will usually expect proof of Australian citizenship, permanent residence or eligible New Zealand citizen status, and identity documents. The firm's guides on partner visa sponsor documents and on sponsor proof of citizenship or residence explain each item. The sponsor also completes the sponsorship. The article on the Form 40SP sponsorship form explains what the sponsor declares.

American documents are in English, so translation is usually not an issue for couples who sponsor partner from the USA. The more common problem is inconsistency. Middle names, hyphenated names, names taken on marriage and names reverted after divorce can produce different versions of a name across passports, birth records and court documents. Each variation should be explained, with the document that created it. When sponsors sponsor partner from the USA, the most common document problem is a divorce decree that cannot be found, because the divorce was granted in another state many years earlier. Certified copies are normally available from the court that granted it, but they can take time to obtain.

What police checks are needed to sponsor partner from the USA?

An American partner applying for a partner visa will normally be asked for a national criminal history check from the Federal Bureau of Investigation, together with police certificates from any other country where the partner lived for a total of 12 months or more in the last 10 years, and an Australian check if the partner has lived in Australia for 12 months or more.

The exact certificate the Department accepts for the United States is set out on the Department's country information page. In practice, the FBI check is the certificate that is usually requested. Several published Tribunal decisions record American police checks being provided during review:

• In Bass (Migration) [2019] AATA 3982, a Subclass 820 matter, the issues recorded were criminal history, a statement from an appropriate authority, an Australian Federal Police National Police Check and a Federal Bureau of Investigation check. The Tribunal remitted the matter.
• In Mohamed (Migration) [2024] AATA 1078, a Subclass 820 matter, the issues recorded were criminal history, an FBI Criminal History check and an Australian Federal Police check. The Tribunal remitted the matter.
• In Page (Migration) [2024] AATA 215, a Subclass 820 matter, the issues recorded were criminal history, and an Australian Federal Police clearance and an Alabama State Police Clearance provided upon review. The Tribunal remitted the matter.

Each of these decisions sent the application back to the Department after the police evidence was supplied on review. The lesson for a sponsor is practical. A refusal because a police certificate was missing is avoidable, and it costs months. The guides on overseas police certificates for a partner visa and on the AFP police check explain the process, and the short answer on how long police certificates and health checks are valid explains timing.

Does the sponsor need an American police check?

Possibly. A sponsor may be asked for a police certificate from each country, other than Australia, where the sponsor lived for 12 months or more in total since the later of 10 years before the request and the sponsor turning 16. Department policy treats that 12-month period as cumulative.

This catches many Australians who sponsor partner from the USA after working or studying in America. A sponsor who spent two separate periods of seven months in the United States within the 10-year window has spent 14 months there and may be asked for a United States certificate. A sponsor who has spent any time in Australia since turning 16 will also usually be asked for an Australian National Police Check. The guide to the partner visa sponsor police check explains when the requests are made and what happens if they are not answered.

What relationship evidence works for long-distance American couples?

The relationship evidence that works best for a couple who sponsor partner from the USA is evidence that shows the four aspects of the relationship over time: finances, the household, the social side of the relationship and the commitment between the couple, supported by records created at the time rather than prepared for the application.

Regulation 1.15A (for married couples) and regulation 1.09A (for de facto couples) require the Department to consider all of the circumstances of the relationship, including:

• Financial aspects. Joint accounts, money transfers, shared costs of travel, a jointly held lease or property, and how the couple plan to manage money in Australia.
• The nature of the household. Periods of living together in the United States or Australia, who did what in the household, and plans for where the couple will live.
• Social aspects. Whether friends and family know the couple as a couple, joint travel, events attended together, and Form 888 statements from people who know them.
• The nature of the commitment. The length of the relationship, the way the couple stayed in contact while apart, and their plans for the future.

Couples split between the United States and Australia often have strong evidence of travel and communication, but less evidence of a shared household. That is normal for a long-distance couple and the law does not require a couple to have lived together where they are married. The explanation still has to be given. The guides on the long-distance partner visa relationship, relationship evidence and the four pillars of a partner visa explain how to present it, and the short answer on a long-distance relationship partner visa gives the core rule.

Form 888 statements must be made by Australian citizens, Australian permanent residents or eligible New Zealand citizens. American friends and family can still provide statements, but those statements do not take the place of Form 888 statements. The guide to Form 888 for a partner visa explains who can sign.

For couples who sponsor partner from the USA, time zones matter more than they expect. A sponsor in Sydney and a partner in California will have call logs at unusual hours, and some evidence will show different dates in each country. A short note explaining time zones, and an evidence timeline, removes doubts before a case officer forms them.

What are the common refusal risks when you sponsor partner from the USA?

The common refusal risks when you sponsor partner from the USA are doubts about whether the relationship is genuine and continuing, inconsistent or incomplete information about previous relationships, missing police certificates, character issues such as driving offences, an invalid onshore application, and problems with the sponsor's own eligibility.

Each risk that arises when Australians sponsor partner from the USA can usually be identified before lodgement:

• Genuineness. A short relationship, a quick wedding or little time spent together does not make a relationship non-genuine. It does mean the evidence and the explanation have to be stronger. The article on non-genuine relationship refusals explains the test the Department applies.
• Previous relationships. Undisclosed marriages, divorces or children from previous relationships are a frequent source of false or misleading information findings. The application must disclose every previous relationship that the forms ask about.
• Police checks. As the Tribunal decisions above show, a missing American or Australian police certificate can lead to refusal.
• Invalid onshore lodgement. An application made while the partner holds a visa with condition 8503, or made after the partner has left Australia, will fail. The guide on condition 8503 waivers explains the waiver process.
• Sponsor eligibility. A sponsor who sponsored a previous partner, or was sponsored, within five years needs compelling circumstances. The guide on when a sponsor cannot sponsor a partner visa explains the bars.

What if the American partner has a criminal record?

The American partner must meet the character requirement in section 501 of the Migration Act. A person has a substantial criminal record under section 501(7) if, among other things, the person has been sentenced to a term of imprisonment of 12 months or more. A single driving under the influence conviction dealt with by a fine or probation does not by itself create a substantial criminal record. It must still be disclosed, and the court records should be obtained before lodgement. The guide on drink-driving convictions and partner visas and the article on partner visa character requirements explain the rules.

A sponsor with an Australian or American criminal history should read the guide on the partner visa sponsor with a criminal record. The sponsor's history is assessed under regulation 1.20KC, which is a separate test from the applicant's character.

What if the American partner has children?

Children from a previous relationship can be included as secondary applicants. Where a child is migrating, the Department generally requires evidence that the other parent consents or that an Australian or foreign court order permits the move. American custody orders often restrict international relocation, so the order must be read before the application is lodged. The guide on partner visa child custody and consent explains the evidence.

How much does it cost to sponsor partner from the USA?

The partner visa application charge to sponsor partner from the USA is AUD 11,710 for most applicants at the time of writing, whether the application is for the Subclass 309 and Subclass 100 or the Subclass 820 and Subclass 801. The charge is reviewed each year, usually from 1 July.

For couples who sponsor partner from the USA, the charge for the permanent stage is paid at the same time as the temporary stage, so there is no second visa application charge when the permanent visa is assessed. Additional charges apply for dependent children included in the application. There are also third-party costs, including the health examination, police certificates and any document fees in the United States.

The charge is normally paid by whoever lodges the application, but either partner can fund it. The short answer on who pays the partner visa fee explains this, and the guide to partner visa cost gives the full breakdown.

How long does it take to sponsor partner from the USA?

There is no fixed processing time to sponsor partner from the USA. The Department publishes processing time information for each subclass, and actual times vary with the completeness of the application, the time taken to request and receive further information, and the volume of applications.

The firm's guide to partner visa processing times explains how to read the published figures. Sponsors who sponsor partner from the USA should plan around a range, not a date. The steps that most often cause delay are within the couple's control: incomplete police certificates, health examinations not arranged when requested, unexplained name differences and missing sponsor documents.

Once a Subclass 309 visa is granted, the partner must make a first entry to Australia before the date specified in the grant. The guide on the partner visa first entry deadline explains what happens if that date is missed. During processing, the American partner can usually visit Australia, but must leave before the Subclass 309 is granted unless an exception applies. The articles on visiting Australia during partner visa processing and partner visa overseas travel explain the travel rules.

For an onshore applicant, the bridging visa that comes into effect after a valid Subclass 820 application generally allows the partner to work. The guide on partner visa bridging visa work rights explains the conditions to check.

What happens after the first visa is granted?

After the temporary visa is granted, the permanent Subclass 100 or Subclass 801 is usually assessed about two years after the combined application was made. At that point the couple must show that the relationship is still genuine and continuing.

The two-stage structure means that for those who sponsor partner from the USA, the evidence of the relationship has to continue after the first grant. Joint finances, a shared home in Australia and the social side of the relationship should be documented as they develop. The guide to the partner visa two-stage process explains the second stage.

The sponsor's obligations continue during this period. A sponsor who chose to sponsor partner from the USA has undertaken obligations that do not end when the first visa is granted. The sponsor has undertaken to provide financial assistance and accommodation for the first two years of the partner's stay in Australia.

Can a refusal be reviewed when you sponsor partner from the USA?

Yes. A refusal of a Subclass 309, Subclass 820 or Subclass 300 visa can generally be reviewed by the Administrative Review Tribunal. The application must be made within 28 days after notification of the decision, or 7 days if the applicant is in immigration detention, and that time cannot be extended.

When couples sponsor partner from the USA and the visa is refused, who applies depends on the subclass:

• Subclass 820 refusal. The applicant applies for review.
• Subclass 309 refusal. The visa applicant applies under regulation 4.02(5)(raa), in line with current Department instructions.
• Subclass 300 refusal. The sponsor applies for review.

The Tribunal's fee for a migration review is AUD 3,727 for fees paid on or after 1 July 2026. The fee must be paid within the same review period. A 50% reduction is available for financial hardship, and 50% of the fee is refunded if the decision is set aside, varied or remitted.

For an onshore applicant, the Bridging visa A linked to the Subclass 820 application ceases 35 days after the refusal, or 35 days after the Tribunal's decision if review is sought. The guides on the partner visa appeal deadline, ART fees for a partner visa, the ART review process and the bridging visa after a partner visa refusal explain each step. The short answer on who applies for review of an offshore refusal explains the Subclass 309 position. The firm's partner visa refusals page, its wider visa refusals page and its urgent ART visa refusal applications page deal with refusals that need fast action.

How My Migration Lawyers helps sponsors with a partner from the USA

My Migration Lawyers deals with complex partner visa cases, acts in many matters where Australians sponsor partner from the USA, and is capable of handling these applications from the first eligibility assessment through to review at the Administrative Review Tribunal. The firm's Principal Lawyer is Weiwei Zhang, and the firm's approach is explained on the about My Migration Lawyers page.

When an Australian wants to sponsor partner from the USA, the firm:

• checks the sponsor's eligibility, including any previous sponsorships under regulation 1.20J and any criminal history under regulation 1.20KC, before anything is lodged;
• advises whether the Subclass 309, Subclass 820 or Subclass 300 fits, and checks the American partner's current visa and conditions before an onshore lodgement;
• reviews the American marriage record, any common-law or informal marriage, and every previous divorce decree to confirm the relationship can be recognised;
• identifies which police certificates are needed, including the FBI check for the partner and any United States certificate for a sponsor who lived in America;
• presents the couple's own account of the relationship and their evidence in the form the law requires, with Form 888 statements, and each partner reviews and corrects their own statement;
• reads any American custody orders before children are included; and
• responds to Department requests and acts on review if the visa is refused.

The firm acts for sponsors across Australia, including through its partner visa lawyers in Sydney, Melbourne, Brisbane, Perth and Adelaide. Sponsors who are still in the United States can read the short answer on whether an Australian lawyer can help while living overseas. More answers are in the partner visa FAQ centre.

The best time to get advice on how to sponsor partner from the USA is before the American partner travels and before anything is lodged. Book a consultation with My Migration Lawyers, or call 1300 040 300.