Getting Married in the USA

[kevin74uk 0]

Hi

I was wondering if anyone could help with a query. I have been wading my way through the US immigration sites but seem to be finding millions of different forms and am not sure which ones apply. I am a UK citizen who is engaged to a US citizen. We are both living in the UK at the moment, but are planning to get married in the USA later this year, then a few months after the wedding move to the US permanently (though plan on living in the UK for a few months after the wedding).

Firstly, I was wondering if you need a special visa to get married in the USA and secondly once we are married what visa forms we would need to complete as we will both be in the UK. My fiancee is currently here on a work permit visa and is a full US citizen.

Many thanks for any help you can provide

Kevin

[YuAndDan 153]

Big problem with your plan: "A few months after the wedding move to the US permanently (though plan on living in the UK for a few months after the wedding)."

K-1 allows entry to the USA but if you leave after marriage before applying for the green-card AND Advance Parole Document. You cannot leave the USA before receiving the AP Doc, AP takes up to 90 days to get. If you do lave before getting AP, you will be abandoning the green-card application and will have to file for a new spousal visa (CR-1)

You can enter the USA on a visitors visa, marry and then file for the CR-1 visa, just don't overstay visitors visa, return to UK for visa interview. You can visit while waiting for the interview, but avoid over staying the visit.

This can take a bit longer than a few months.

NO special visa to marry in the USA unless you wish to stay in the USA after marriage, that visa is the K-1, if you dont intend on staying in the USA you can enter using VWP, or a visitor's visa.

[john_and_marlene 162]

You don't need a visa to get married in the US. You will need a visa to immigrate when you are ready to settle in the US. You desired timeline for moving, however may not line up with the application and processing times for the immigrant visa. It will most likely take several months to get an immigrant visa after you are married.

[Yoink 7]

check out the guides from the tab above on the website here. It can explain all the different way to get married and get a visa

[kevin74uk 0]

check out the guides from the tab above on the website here. It can explain all the different way to get married and get a visa

Thanks. As expected it is not a straightforward case of getting married and moving over. Are you allowed to work on a fiancee visa in the US? One of the reasons for wanting to get married before moving, was to avoid needing to get sponsored to work in the States.

Out of interest is it easier to enter on a fiancee visa and stay on in the USA or to apply for a CR-1 visa whilst in the UK? Not sure what the comparative timelines are like....

[payxibka 10,048]

check out the guides from the tab above on the website here. It can explain all the different way to get married and get a visa

Thanks. As expected it is not a straightforward case of getting married and moving over. Are you allowed to work on a fiancee visa in the US? One of the reasons for wanting to get married before moving, was to avoid needing to get sponsored to work in the States.

Out of interest is it easier to enter on a fiancee visa and stay on in the USA or to apply for a CR-1 visa whilst in the UK? Not sure what the comparative timelines are like....

A fiance(e) visa is work authorized for the first 90 days... then a "work permit" is required.... there could be a gap in employment authorization..

K-1 and CR-1 do not have comparitive timelines per se because one requires a marrige first and the other does not. generally speaking the k-1 petition however is quicker.

Other problem I see is the USC's ability to sponsor since she currently has no US based income/job

[YuAndDan 153]

check out the guides from the tab above on the website here. It can explain all the different way to get married and get a visa

Thanks. As expected it is not a straightforward case of getting married and moving over. Are you allowed to work on a fiancee visa in the US? One of the reasons for wanting to get married before moving, was to avoid needing to get sponsored to work in the States.

Out of interest is it easier to enter on a fiancee visa and stay on in the USA or to apply for a CR-1 visa whilst in the UK? Not sure what the comparative timelines are like....

K-1 Can work with EAD, most employers will not hire a person unless they provide proof of work authorization, that is EAD stamp or card.

NOTE: K-1 is not a work visa, it is a fiancee visa for entry to the USA and marriage, K-1 is "Work Auth" primarily to be able to get the SSN, some states are strict in their interpretation of a federal law that requires persons applying for a "license" to have SSN, this can cause a problem with marriage license if only one person has SSN and the other (the K-1 holder) does not.

The K-1 tend to be a bit easier, but if work is your priority, then the CR-1 visa IS the way to go. CR-1 results in GREEN-CARD upon entry, the green-card IS work authorization, NO EAD card to file for, NO adjustment of status ($1010) to file for.

For UK CR-1 is not much longer to get than the K-Visa.

[kevin74uk 0]

check out the guides from the tab above on the website here. It can explain all the different way to get married and get a visa

Thanks. As expected it is not a straightforward case of getting married and moving over. Are you allowed to work on a fiancee visa in the US? One of the reasons for wanting to get married before moving, was to avoid needing to get sponsored to work in the States.

Out of interest is it easier to enter on a fiancee visa and stay on in the USA or to apply for a CR-1 visa whilst in the UK? Not sure what the comparative timelines are like....

K-1 Can work with EAD, most employers will not hire a person unless they provide proof of work authorization, that is EAD stamp or card.

NOTE: K-1 is not a work visa, it is a fiancee visa for entry to the USA and marriage, K-1 is "Work Auth" primarily to be able to get the SSN, some states are strict in their interpretation of a federal law that requires persons applying for a "license" to have SSN, this can cause a problem with marriage license if only one person has SSN and the other (the K-1 holder) does not.

The K-1 tend to be a bit easier, but if work is your priority, then the CR-1 visa IS the way to go. CR-1 results in GREEN-CARD upon entry, the green-card IS work authorization, NO EAD card to file for, NO adjustment of status ($1010) to file for.

For UK CR-1 is not much longer to get than the K-Visa.

Thank you all. This has been really helpful advice. Seems we may be in the UK for longer than a few months after the wedding, but is good to know, as will need to find work - so the CR-1 route sounds the better option. No point moving on a K-1 visa and buying a house if we are not both able to work to pay the mortgage, so waiting for the CR-1 makes sense.

[Dan J 277]

If your fiance has residency in the UK, getting married in the UK, and then filing for a visa via DCF may be an option for you. If it is, its probably the fastest option available to you. But this only works when the USC meets the residency requirements of the foreign country.