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My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advice but a guide to assist you.
Do you wish to bring her over to marry or simply as your partner?
How long have you been together?
You can apply for a defacto partner visa but you have to know her for 12 months.
The fact that she may be married is not relevant and you do not have to worry about the divorce from Guam.
The visa application form is the same but you select defacto.
because you are not married you cannot bring her in as your wife and it would have to be on a tourist visa.
If she comes as a tourist you can apply here before her tourist visa expires and use the following form
If you wish to apply when she is overseas then use this form
I hope this makes sense and is of assistance.
Under section 104 it would not be recognised because she would not have been ordinarily resident in Guam
She has to be ordinarily resident there not simply fly in stay 7 days and get a divorce.
If she lives there then it is valid. But if she is not a resident there, then it is not valid.
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Subsection 5 is conditional and that is but to which none of the preceding provisions of this section applies
and in this case subsection 3 applies she was not ordinarily resident.