What visa do we need?

[DanielleJon 0]

Hello,

My fiance is from the UK and I'm from the US. We would like to get married in the UK, and then have another ceremony or reception for my family in the US. We considered marrying in the US first, but it's just more convenient for us and our families to be married in the UK. The only problem is being able to return to the US (where we want to live). If he gets a fiance visa, but then we marry before he enters the US, will he still be able to enter the country?

I know we could get a spousal visa, but i don't want to wait months after we get married to come back to the US. Is there anything we can do? What if he tried to get a work visa? Would they let him enter if we were married but he had a work visa? Thanks so much for your help.

[Mal and Meg 12]

What me and my fiance did was like a blessing in the church in the uk and the reception in the uk but did not sign any papres or anything so we were not legally married. We then got married legally in the US!

We had got a K1 visa

[Nich-Nick 3,353]

Hello,

My fiance is from the UK and I'm from the US. We would like to get married in the UK, and then have another ceremony or reception for my family in the US. We considered marrying in the US first, but it's just more convenient for us and our families to be married in the UK. The only problem is being able to return to the US (where we want to live). If he gets a fiance visa, but then we marry before he enters the US, will he still be able to enter the country?

I know we could get a spousal visa, but i don't want to wait months after we get married to come back to the US. Is there anything we can do? What if he tried to get a work visa? Would they let him enter if we were married but he had a work visa? Thanks so much for your help.

If you marry in the UK before entry to the US, then the K1 is not valid because the beneficiary is no longer a fiance. A fiance visa is for marriage in the US. Have you filed yet?

Edited May 22, 2011 by Nich-Nick

[JimVaPhuong 4,863]

Hello,

My fiance is from the UK and I'm from the US. We would like to get married in the UK, and then have another ceremony or reception for my family in the US. We considered marrying in the US first, but it's just more convenient for us and our families to be married in the UK. The only problem is being able to return to the US (where we want to live). If he gets a fiance visa, but then we marry before he enters the US, will he still be able to enter the country?

I know we could get a spousal visa, but i don't want to wait months after we get married to come back to the US. Is there anything we can do? What if he tried to get a work visa? Would they let him enter if we were married but he had a work visa? Thanks so much for your help.

You can't do this with a K1. Even if he managed to get into the US with the K1 after marriage (which is distinctly possible) he won't be able to adjust status because the date on the marriage certificate will precede his date of entry into the US. Even worse, they could hit him with a fraud charge for misusing the K1, and deport him.

You could file for a CR1 immediately after the marriage. You don't necessarily have to wait for the visa in order for him to the come to the US for a visit. The problem is that entering the US with any sort of non-immigrant visa when you're married to a US citizen carries a risk of being denied entry. They'll think he might try to adjust status while he's here, and if that's his intention then they want him to get an immigrant visa first. However, if you can keep your plans flexible enough so that you have the option of postponing the US ceremony and reception until after he gets his visa, then this might be worth trying.

[Gary and Alla 3,694]

Hello,

My fiance is from the UK and I'm from the US. We would like to get married in the UK, and then have another ceremony or reception for my family in the US. We considered marrying in the US first, but it's just more convenient for us and our families to be married in the UK. The only problem is being able to return to the US (where we want to live). If he gets a fiance visa, but then we marry before he enters the US, will he still be able to enter the country?

I know we could get a spousal visa, but i don't want to wait months after we get married to come back to the US. Is there anything we can do? What if he tried to get a work visa? Would they let him enter if we were married but he had a work visa? Thanks so much for your help.

The UK is a VWP country, you do not need a visa to come here and get married. Get married in the UK, then just minutes later, fly to the US and get married again here. No problem. THEN file for the CR-1. Your husband may have to return to the UK for a while and then return later. You only need the visa to get permanent residency, NOT to get married.

You can't do this with a K1. Even if he managed to get into the US with the K1 after marriage (which is distinctly possible) he won't be able to adjust status because the date on the marriage certificate will precede his date of entry into the US. Even worse, they could hit him with a fraud charge for misusing the K1, and deport him.

You could file for a CR1 immediately after the marriage. You don't necessarily have to wait for the visa in order for him to the come to the US for a visit. The problem is that entering the US with any sort of non-immigrant visa when you're married to a US citizen carries a risk of being denied entry. They'll think he might try to adjust status while he's here, and if that's his intention then they want him to get an immigrant visa first. However, if you can keep your plans flexible enough so that you have the option of postponing the US ceremony and reception until after he gets his visa, then this might be worth trying.

It is true that he could be denied entry, but if he has plenty of evidence of returning, it should not be a problem.

[JonDanielle 0]

This is the other half of the OP, thanks for all your replies

If you marry in the UK before entry to the US, then the K1 is not valid because the beneficiary is no longer a fiance. A fiance visa is for marriage in the US. Have you filed yet?

We haven't started filing anything yet. Since I want to move out at about the same time as getting married, either its in the US, with K1; or in the UK, with some other visa, maybe H1B?

The UK is a VWP country, you do not need a visa to come here and get married. Get married in the UK, then just minutes later, fly to the US and get married again here. No problem. THEN file for the CR-1. Your husband may have to return to the UK for a while and then return later. You only need the visa to get permanent residency, NOT to get married.

It is true that he could be denied entry, but if he has plenty of evidence of returning, it should not be a problem.

I didn't think they would let me in with a VWP and married to a US citizen because as I'm planning on moving there, I would have no ties back to UK and no evidence of returning.

At the moment, I'm thinking that if the marriage is in the UK then trying to file for an H1B is the best option, it seems to allow for going over with no ties back to the UK with its dual-intent status. Can anyone give any feedback on how good this option would be? How risky? How long any waits would be?

Thanks,

Jon

[Nich-Nick 3,353]

I don't know alot about H1B, but do you have a company in the US who will hire you and fill out all the mountains of paperwork and pay the fees? Do you have a university degree in a highly skilled profession that they can't get in the US? There is a yearly cap and applications open in April for October visas. It's like a popular concert---tickets sell out the first day, meaning the number of visas allowed is exceeded by applicants immediately. So you've probably missed the 2011 window, but there is April 2012 for an Otober 2012 visa if you're lucky.

You can visit on visa waiver. Lots and lots do it, but there is no guarantee you will be admitted. It's all up to the guy on duty when you arrive. If you have a return ticket, a job, bank account, lease while you're waiting the 8 months or so on the fiance or spouse visa, then that's a good start. And if you go for short holiday visits it's good. If you're an unemployed nomad who plans to stay 90 days, then you turn around and do it again 3 weeks later, it may catch up with you and they will suspect you are trying to "live" in the US on visa waiver.