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Filed: Timeline
Posted

Hello All,

I'm looking for some advice. I am a US Citizen and my fiancee is a UK citizen. We plan to marry in the near future and then live and work together in Italy, where he is an airline pilot. We do not have plans in the immediate future to have him immigrate to the US (maybe 10 years down the line, but not now). We would like to get married here in the USA as soon as possible. My question is this: If we plan to marry and then leave the US together shortly thereafter, does my fiancee need to apply for the K-1 visa before coming over? Or can he enter on the visa waiver?

We do plan to travel to the States several times a year to visit my family. If we get married and attempt to return here to visit, will he have issues entering the country for a visit without a visa once we are married?

One last question...when we get married (at the courthouse), what documentation does a UK citizen need to present? Is a passport sufficient?

Many thanks to anyone who can advise! Have a great day! :)

Posted

You only need the K1 if your plan is to adjust the immigran'ts status and stay in the US - so in your case, he can enter with VWP. It might be a good idea to bring along some proof of ties to Italy (if that is where he now lives) just in case the IO at POE askes directly about marriage - but I've personally never had those kinds of questions asked when entering. But better safe than sorry.

I wouldn't think it would be an issue for him to enter as VWP even after you are married, as long as he can, if needed, show ties to Italy (lease, work contract etc.) at POE when they ask about the purpose of his visit, and he says "family". Maybe someone else can chime in more on this.

What you need at the court house depends on the state, so you need to check with the state you are getting married in. In NYC, we needed the marriage lisence and ID, either US state ID or passport. Some court houses might ask for two IDs, so better check what their web site says.

Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

Filed: Other Country: China
Timeline
Posted (edited)

Hello All,

I'm looking for some advice. I am a US Citizen and my fiancee is a UK citizen. We plan to marry in the near future and then live and work together in Italy, where he is an airline pilot. We do not have plans in the immediate future to have him immigrate to the US (maybe 10 years down the line, but not now). We would like to get married here in the USA as soon as possible. My question is this: If we plan to marry and then leave the US together shortly thereafter, does my fiancee need to apply for the K-1 visa before coming over? Or can he enter on the visa waiver?

We do plan to travel to the States several times a year to visit my family. If we get married and attempt to return here to visit, will he have issues entering the country for a visit without a visa once we are married?

One last question...when we get married (at the courthouse), what documentation does a UK citizen need to present? Is a passport sufficient?

Many thanks to anyone who can advise! Have a great day! :)

If you will marry and leave, no fiance visa is needed. Each entry is a separate decision but you can avoid some problems by going through separate lines at the Port of Entry and him giving generic truthful answers for the purpose of the trip, like "visiting family and friends" or "holiday" instead of "My wife and I are visiting her family." etc.

Usually, just a passport would be needed but check directly with the jurisdiction where you intend to marry.

Edited by pushbrk

Facts are cheap...knowing how to use them is precious...
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Filed: Other Timeline
Posted

Tens of thousands of tourists get married on the VWP or with a B2 in the US every year. In England you need a special visa in order to get married, in the US you don't.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

Filed: Timeline
Posted

That is all incredibly helpful information! I'm feeling very grateful we won't have to deal with the K-1 visa process right now. Thank you so much for your advice and have a fantastic weekend all! :D

 
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