UKC and USC plan to marry in the US and reside in UK...HELP!

[Quintana 0]

My boyfriend lives in the UK, we plan to wed in the US and reside in the UK. I have made a few phone calls and am thoroughly confused as to what I need to do. I have read that if we do not intend on living in the US there is no need for the K-1 visa, is this true? And that he can come over on a tourist visa and marry as long as he goes back after the 90 days. This is all so new to me and I feel like all the information is starting to intertwine. So here are my questions:

* Do we need to apply for a K-1 visa if we intend to live in the UK?

* Can we get married on a B-2 visa?

* Is there a different visa he needs or can he use the B-2?

* What steps do I need to take in order to have the least amount of problems?

Any and all information is greatly appreciated. Miso confused :-(

Thank You,

Rachel

[canadian_wife 1,823]

Your boyfriend may enter on a tourist visa, marry you, and depart within the given amount of time. That is perfectly legal and acceptable.

However, DO NOT plan on coming over to the US to marry on a B-2 and reside in the US - that is misuse of a tourist visa and = fraud

Good luck.

[imaisha 1]

And you'll also need to do some work on getting a visa for you to move to the UK... that's a horse of a totally different color.

[Kathryn41 3,205]

moved from K-3 forum to General Immigration

[Bobby+Umit 161]

My boyfriend lives in the UK, we plan to wed in the US and reside in the UK. I have made a few phone calls and am thoroughly confused as to what I need to do. I have read that if we do not intend on living in the US there is no need for the K-1 visa, is this true? And that he can come over on a tourist visa and marry as long as he goes back after the 90 days. This is all so new to me and I feel like all the information is starting to intertwine. So here are my questions:

* Do we need to apply for a K-1 visa if we intend to live in the UK?

Nope.

* Can we get married on a B-2 visa?

Yes - but check the state laws you wish to marry in - they may have restrictions (there is always Vegas)

* Is there a different visa he needs or can he use the B-2?

Can use it (B-2)(as long as you do not intend on attempting AOS on the B-2 after marriage)

* What steps do I need to take in order to have the least amount of problems?

Enter using the VWP (no need for the B-2) - marry, then go back to the UK.

Any and all information is greatly appreciated. Miso confused :-(

Thank You,

Rachel

[Quintana 0]

My boyfriend lives in the UK, we plan to wed in the US and reside in the UK. I have made a few phone calls and am thoroughly confused as to what I need to do. I have read that if we do not intend on living in the US there is no need for the K-1 visa, is this true? And that he can come over on a tourist visa and marry as long as he goes back after the 90 days. This is all so new to me and I feel like all the information is starting to intertwine. So here are my questions:

* Do we need to apply for a K-1 visa if we intend to live in the UK?

Nope.

* Can we get married on a B-2 visa?

Yes - but check the state laws you wish to marry in - they may have restrictions (there is always Vegas)

* Is there a different visa he needs or can he use the B-2?

Can use it (B-2)(as long as you do not intend on attempting AOS on the B-2 after marriage)

* What steps do I need to take in order to have the least amount of problems?

Enter using the VWP (no need for the B-2) - marry, then go back to the UK.

Any and all information is greatly appreciated. Miso confused :-(

Thank You,

Rachel

Thank you so much, now what do I need to do on the UK side for me to go there after we are married? Do I need to put paperwork in place before we get married?

p.s. Vegas just may have to be an option! heh thank you!

[JimVaPhuong 4,863]

Thank you so much, now what do I need to do on the UK side for me to go there after we are married? Do I need to put paperwork in place before we get married?

p.s. Vegas just may have to be an option! heh thank you!

You're on the wrong board for that sort of advice. Most everyone here is educating themselves about immigration to the US.

Something to consider that hasn't been brought up yet - When your fiance enters the US they will ask about his plans while he's here. If he admits that he's coming to marry a US citizen then there is a strong chance he'll be denied entry, and sent back to the UK.

As has been mentioned, it IS possible to enter the US, marry a US citizen, and then apply to adjust status and get a green card without leaving the country. This can even be done if he enters on a tourist visa or using the visa waiver program. The point at which this becomes illegal and is considered visa fraud is when he enters on a non-immigrant visa with the intent to immigrate. In other words, if he came to visit only, and ended up getting married spontaneously on a drunken fling in Las Vegas, then it would be legal to apply for a green card. If the wedding and application for the green card were planned in advance of his arrival, then it would not be legal.

Your fiance must not lie to the Customs and Border Patrol officer when he enters the US. If they ask if he plans to get married here, then he must tell them the truth. He must also be ready to present conclusive evidence that he does not plan to remain in the US after the marriage and apply for a green card, and that he will return to the UK. Don't expect a personal declaration or statement to be enough. A letter from his employer stating that he is expected to return to work, proof that he owns property or other assets in the UK, etc. Anything that shows he has a strong motivation to return. Don't take this lightly. There are plenty of stories on this forum from people who've been denied entry after admitting they intended to marry in the US, and many others from people who were denied entry because they said they were coming to visit their boyfriend/girlfriend and the CBP officer merely suspected they were going to get married.

[aidan80 9]

You might want to check with the Brit Home Office on getting leave to enter/remain in the UK as a spouse of a UK citizen. I did a bit of googling and found this, which should help get you on the right track!

Good Luck!

[Nik+Heather 121]

My friend recently married a UK citizen and moved to the UK. The wait time to be reunited with your UK spouse in the UK is a whole lot more reasonable (we are talking mere days/weeks compared with months) than the wait time to be reunited with a USC spouse in the US.

Another point to research (I don't know the answer, just a vague idea that it needs to be done) is how to appropriately register your US marriage with the UK government.

[meauxna 15]

My boyfriend lives in the UK, we plan to wed in the US and reside in the UK. I have made a few phone calls and am thoroughly confused as to what I need to do. I have read that if we do not intend on living in the US there is no need for the K-1 visa, is this true? And that he can come over on a tourist visa and marry as long as he goes back after the 90 days. This is all so new to me and I feel like all the information is starting to intertwine. So here are my questions:

* Do we need to apply for a K-1 visa if we intend to live in the UK?

* Can we get married on a B-2 visa?

* Is there a different visa he needs or can he use the B-2?

* What steps do I need to take in order to have the least amount of problems?

Any and all information is greatly appreciated. Miso confused :-(

Thank You,

Rachel

Does he already have a B visa? Is he ineligible to use the VWP?

Coming to the US to get married but not stay is an acceptable use of the VWP. While you don't have to go overboard regarding the intent at entry worries raised, it would be a good idea for your him to travel with evidence or be conversant with your plans.

The uk-yankee group is good for learning about getting the visa you need to immigrate to the UK.

[Old Dominion 26]

There is no need to "register" your marriage anywhere except in the locality where you are married. You DO need to obtain several certified copies of your marriage certificate to have with you when you are in the UK. That is all the proof you need that you are legally married. I know of no states that prohibit a U.S. citizen from marrying someone from overseas, as long as the "alien" has proper ID, birth certificate, and passport. You can check that out now through your local court clerk's offce.

[Quintana 0]

Thank you so much, now what do I need to do on the UK side for me to go there after we are married? Do I need to put paperwork in place before we get married?

p.s. Vegas just may have to be an option! heh thank you!

You're on the wrong board for that sort of advice. Most everyone here is educating themselves about immigration to the US.

Something to consider that hasn't been brought up yet - When your fiance enters the US they will ask about his plans while he's here. If he admits that he's coming to marry a US citizen then there is a strong chance he'll be denied entry, and sent back to the UK.

As has been mentioned, it IS possible to enter the US, marry a US citizen, and then apply to adjust status and get a green card without leaving the country. This can even be done if he enters on a tourist visa or using the visa waiver program. The point at which this becomes illegal and is considered visa fraud is when he enters on a non-immigrant visa with the intent to immigrate. In other words, if he came to visit only, and ended up getting married spontaneously on a drunken fling in Las Vegas, then it would be legal to apply for a green card. If the wedding and application for the green card were planned in advance of his arrival, then it would not be legal.

Your fiance must not lie to the Customs and Border Patrol officer when he enters the US. If they ask if he plans to get married here, then he must tell them the truth. He must also be ready to present conclusive evidence that he does not plan to remain in the US after the marriage and apply for a green card, and that he will return to the UK. Don't expect a personal declaration or statement to be enough. A letter from his employer stating that he is expected to return to work, proof that he owns property or other assets in the UK, etc. Anything that shows he has a strong motivation to return. Don't take this lightly. There are plenty of stories on this forum from people who've been denied entry after admitting they intended to marry in the US, and many others from people who were denied entry because they said they were coming to visit their boyfriend/girlfriend and the CBP officer merely suspected they were going to get married.

Sorry, I had this posted under visas but somebody moved it to the general immigration forum.

You might want to check with the Brit Home Office on getting leave to enter/remain in the UK as a spouse of a UK citizen. I did a bit of googling and found this, which should help get you on the right track!

Good Luck!

Thank you so much for this! It's all soooo much information to take in.

Cheers!

[Quintana 0]

My boyfriend lives in the UK, we plan to wed in the US and reside in the UK. I have made a few phone calls and am thoroughly confused as to what I need to do. I have read that if we do not intend on living in the US there is no need for the K-1 visa, is this true? And that he can come over on a tourist visa and marry as long as he goes back after the 90 days. This is all so new to me and I feel like all the information is starting to intertwine. So here are my questions:

* Do we need to apply for a K-1 visa if we intend to live in the UK?

* Can we get married on a B-2 visa?

* Is there a different visa he needs or can he use the B-2?

* What steps do I need to take in order to have the least amount of problems?

Any and all information is greatly appreciated. Miso confused :-(

Thank You,

Rachel

Does he already have a B visa? Is he ineligible to use the VWP?

Coming to the US to get married but not stay is an acceptable use of the VWP. While you don't have to go overboard regarding the intent at entry worries raised, it would be a good idea for your him to travel with evidence or be conversant with your plans.

The uk-yankee group is good for learning about getting the visa you need to immigrate to the UK.

Thank you for all your advice. No he does not have a visa yet. I am going there in a few weeks to stay for a little over a month to meet and speak to a lawyer about our plans. Will be returning and then going back after Xmas. He will be coming here in Feb and has not applied for any visas yet. Does he need to apply for a visa to come on holiday?

[rebeccajo 14]

My boyfriend lives in the UK, we plan to wed in the US and reside in the UK. I have made a few phone calls and am thoroughly confused as to what I need to do. I have read that if we do not intend on living in the US there is no need for the K-1 visa, is this true? And that he can come over on a tourist visa and marry as long as he goes back after the 90 days. This is all so new to me and I feel like all the information is starting to intertwine. So here are my questions:

* Do we need to apply for a K-1 visa if we intend to live in the UK?

* Can we get married on a B-2 visa?

* Is there a different visa he needs or can he use the B-2?

* What steps do I need to take in order to have the least amount of problems?

Any and all information is greatly appreciated. Miso confused :-(

Thank You,

Rachel

Does he already have a B visa? Is he ineligible to use the VWP?

Coming to the US to get married but not stay is an acceptable use of the VWP. While you don't have to go overboard regarding the intent at entry worries raised, it would be a good idea for your him to travel with evidence or be conversant with your plans.

The uk-yankee group is good for learning about getting the visa you need to immigrate to the UK.

Thank you for all your advice. No he does not have a visa yet. I am going there in a few weeks to stay for a little over a month to meet and speak to a lawyer about our plans. Will be returning and then going back after Xmas. He will be coming here in Feb and has not applied for any visas yet. Does he need to apply for a visa to come on holiday?

He shouldn't need a visa at all. Most UK citizens can use the Visa Waiver Program.

[meauxna 15]

Thank you for all your advice. No he does not have a visa yet. I am going there in a few weeks to stay for a little over a month to meet and speak to a lawyer about our plans. Will be returning and then going back after Xmas. He will be coming here in Feb and has not applied for any visas yet. Does he need to apply for a visa to come on holiday?

Rather than you trying to pin down specific plans now, as you are, you may want to dedicate another couple of weeks to researching so that you are clear on some of the potential obsticles and can come to the unfortunate realization many of us did... like it used to say in the Los Angeles USCIS office: This is not Burger King; you can't have it your way.

This isn't to discourage you, just to help you stay pointed in the right direction. Your plans about visits etc were no super clear. And I'm not sure you need to see a lawyer in the UK; do check out the uk-yankee group first (for your visa to the UK). The more familiar you are with the processes and terminology, the more benefit you will get from a legal consult.

Normally, UK citizens do NOT need a visa to visit the US; they can enter (if eligible) under the VWP. You are the one who brought up a visa, so I was wondering why. But I think you just were not familiar with the terminology.

Very broadly, if he does not have a criminal history, he can visit for 90 days or less without a visa. Check out 'VWP" and "ESTA" before he travels.

good luck!