Spouse Visa and Cosular Processeing

[Ryan H 3,925]

Another question regarding this process that came up while reading other posts:

Once we marry and he returns to the UK to continue working etc. while the I-130 is being processed and the IR1/CR1 Visa is being processed, can we still plan short visits to see one another without disrupting the process? Can he still enter on VWP for visits and can I still travel to the UK to visit as long as neither of us overstays the time limit? I've read on other posts that there are times when US Border Patrol may not allow a non-US Citizen into the country for a visit while a IR1/CR1 is in process...and since these visas can take 5-7 months or more to complete, that would definitely be a hard thing for us!! I would think that as long as he had proof that he did not intend to overstay (i.e. a return ticket, copy of lease, letter from employer, etc.) that it would be OK??

Yes, you can plan short visits without disrupting the process. He can come on the VWP, however, he should carry evidence of ties to the UK should CBP ask to see them. Also, there is no guarantee he will be admitted by CBP. You can also go to the UK as well; UK border control policy will have nothing to do with your petition.

Edited December 4, 2011 by Ryan H

[Darnell 8,480]

whew ! 'consular processing' smackdown !

sorry.

[Adriene H 89]

There's some good step by step information if you will look at the "Guides" tab at the top of the page. The CR1 spouse visa is a good choice because he enters the US with that visa and becames a permanent resident immediately.

You will need to figure out what is required to marry in the UK. There's a marriage visa you have to obtain.

You don't need a marriage visa to get married in the UK.

I got married on my 6 month tourist visa, no problems

[Nich-Nick 3,355]

Is this the correct process if we marry in California under the VWP and upon my boyrfiend's return to the UK, file the I-130? Hoping I'm getting this correct!

Here's little more info for you--

List of documents he will require once your I-130 is approved.(Scroll down to "Document Checklist") He can look over the list while waiting on approval so he can get those in hand. In your case, they will go to the NVC. http://london.usembassy.gov/application_documents.html

Here's the medical info. http://london.usembassy.gov/immigrant-visas/medical-examination.html Also see link over in right column of that page. He can schedule as soon as NVC gives him a LND case number, but he will need to take his police report to it (or a photocopy.)

And a link from the US Embassy London--FAQ addressing if you can marry in the US on visa waiver. http://london.usembassy.gov/faq-imm-proc.html#iv036

[jenniferjones101 19]

Here's little more info for you--

List of documents he will require once your I-130 is approved.(Scroll down to "Document Checklist") He can look over the list while waiting on approval so he can get those in hand. In your case, they will go to the NVC. http://london.usembassy.gov/application_documents.html

Here's the medical info. http://london.usembassy.gov/immigrant-visas/medical-examination.html Also see link over in right column of that page. He can schedule as soon as NVC gives him a LND case number, but he will need to take his police report to it (or a photocopy.)

And a link from the US Embassy London--FAQ addressing if you can marry in the US on visa waiver. http://london.usembassy.gov/faq-imm-proc.html#iv036

You rock! Thanks for all that information! Definitely made it easier than having to search it all out myself. Much appreciated!!

[scotinmass 588]

You can legally get married under the VWP if it is spontaneous. For example if you came here met someone and decided to go to Vegas. If you enter the US on the VWP with the intention of getting married you are breaking the law. That is why there is the Fiancee visa. If you do break immigration laws and you get found out you are likely to have great difficulty ever being allowed to enter the US again. There have been hundreds of people on here having their lives ruined because they broke one seemingly harmless little rule. It is best not to take any chances and do everything properly. My wife and I got married in Scotland and she returned to the US and started the application process for the CR1 visa. She needed a visa to get married in the UK. You apply online and pay around £50. She had to go Boston to get biometrics done and sent her passport to Washington. She got the passport back in 2 weeks with the visa in it. It was very easy. When we got married the registrar looked at the visa and then went ahead and married us.

The CR1 is the best way to go as far as we are concerned. It doesn't seem to take longer than any other visa and seems to be cheaper in the long run and I was able to work and travel from the day I arrived.

When we were waiting for the visa I visited the US about 5 times on the VWP. I had no problems getting in at all. I brought a pile of documents to prove ties with home but was NEVER asked for it.

[*Snowdrop* 604]

You don't need a marriage visa to get married in the UK.

I got married on my 6 month tourist visa, no problems

Actually you do if you are already outside the country when you decide to travel to the UK to get married. Please see the following information from the Home Office's UK Border Agency:

If both of you are in the UK

If you and your future husband, wife or civil partner are both in the UK but at least one of you is subject to immigration control, you will need to give notice to marry or register your civil partnership with a registrar at a 'designated office'. The Giving notice page contains more information.

Since 9 May 2011, you do not need to obtain a Certificate of Approval before you marry or register your civil partnership.

If one or both of you are abroad

If either partner is not already in the UK, they will need to obtain a visa before they come to the UK to marry or register their civil partnership, unless they:

are a British citizen; or

are a national of a country in the European Economic Area (EEA) or Switzerland, or the family member of a national of the EEA who has the right of residence in the UK; or

have a certificate of entitlement in your passport, giving them the right to live in the UK; or

are not subject to immigration control.

The visa that you need will depend on how long you intend to stay in the UK:

If you will be coming to the UK for a short time, and you plan to leave the UK soon after the ceremony, you must obtain a visa as a visitor for marriage or civil partnership. See the Visitors for marriage or civil partnership section.

If you are planning to come to the UK to get married or register a civil partnership with someone who is already settled or settling here, and you want to stay in the UK afterwards, you will need to obtain a visa as a fiance(e) or proposed civil partner. Both you and your partner must be aged 21 or over, and you will need to show evidence that you plan to marry or register your civil partnership within 6 months of your arrival. See the Fiance(e)s and proposed civil partners section.

http://www.ukba.homeoffice.gov.uk/visas-immigration/while-in-uk/marriageandcivilpartnership/eligibility/

[Nich-Nick 3,355]

You can legally get married under the VWP if it is spontaneous. For example if you came here met someone and decided to go to Vegas. If you enter the US on the VWP with the intention of getting married you are breaking the law. That is why there is the Fiancee visa.

No, no, no. It is not illegal. It does not have to be spontaneous. Read this link to London FAQs http://london.usembassy.gov/faq-imm-proc.html#iv036

Entering as a tourist for the purpose of immigrating (meaning not going home before 90 days) is fraud. Her fiance plans to go home and immigrate after he gets a proper CR1 visa.

[hikergirl 277]

You can legally get married under the VWP if it is spontaneous. For example if you came here met someone and decided to go to Vegas. If you enter the US on the VWP with the intention of getting married you are breaking the law. That is why there is the Fiancee visa.

Umm wrong.

They can plan on getting married in the US and then have him leave again. It is NOT against the law.

The Fiance visa is for people who wish to marry in the US and RESIDE in the US right away. This is not what the OP is talking about doing.

[jenniferjones101 19]

No, no, no. It is not illegal. It does not have to be spontaneous. Read this link to London FAQs http://london.usembassy.gov/faq-imm-proc.html#iv036

Entering as a tourist for the purpose of immigrating (meaning not going home before 90 days) is fraud. Her fiance plans to go home and immigrate after he gets a proper CR1 visa.

That's correct. It was always our intention to marry first (in either country, though now it looks easier to marry here under VWP) then have him return to the UK to continue working and tie up all loose ends, etc. before moving here legally once the CR1 has been issued.

Again, thanks everyone for your help and information. Just last night I was so confused as to which route to take for my UK love to be here permanently, now we seem to have a solid plan on how to make that happen!

[Justine+David 218]

Just another one to chime in: YES YOU CAN GET MARRIED ON VWP. You cannot, however, intend to get married AND file for adjustment of status for a green card.

as an aside: I wouldn't volunteer this information when he's at the border. You should NEVER lie to a border official, but they may take things the wrong way if he says he's here to get married straight off because it sounds like he will try to adjust status. Better to say to visit friends (which is true), and if directly asked, tell the truth. Do not lie ever, but don't necessarily volunteer info.

Edited December 5, 2011 by Justine+David

[Ryan H 3,925]

If you enter the US on the VWP with the intention of getting married you are breaking the law.

WRONG, WRONG, WRONG!!!

It is perfectly legal to enter the US on the VWP with the intention to get married as long as the foreign citizen leave the US when their authorized stay expires. As I previously stated, it's illegal to enter the US with the intention to get married AND then file to adjust status.

Edited December 5, 2011 by Ryan H

[jenniferjones101 19]

Here's little more info for you--

List of documents he will require once your I-130 is approved.(Scroll down to "Document Checklist") He can look over the list while waiting on approval so he can get those in hand. In your case, they will go to the NVC. http://london.usembassy.gov/application_documents.html

Here's the medical info. http://london.usembassy.gov/immigrant-visas/medical-examination.html Also see link over in right column of that page. He can schedule as soon as NVC gives him a LND case number, but he will need to take his police report to it (or a photocopy.)

And a link from the US Embassy London--FAQ addressing if you can marry in the US on visa waiver. http://london.usembassy.gov/faq-imm-proc.html#iv036

We were looking through the link you sent in more detail tonight (thanks again!) and I was wondering, once the I-130 is approved, when do we send the required documents to the NVC? Does the NVC notify you when they require the documents? Can we send photocopies, certified copies, or do they have to be originals?

[Ryan H 3,925]

We were looking through the link you sent in more detail tonight (thanks again!) and I was wondering, once the I-130 is approved, when do we send the required documents to the NVC? Does the NVC notify you when they require the documents? Can we send photocopies, certified copies, or do they have to be originals?

After your I-130 is approved, allow one week for your file to arrive at the NVC. After that time, start calling the NVC and asking if a case number has been assigned to your file.

You send the required documents after the bills have been paid and the payment portal shows PAID. The NVC will not notify you when they require the documents so don't wait for them to tell you anything. The key to making things move along at the NVC is to be proactive.

Per NVC instructions, original documents are required with the IV package. A "certified copy" is a re-issuing of an original document by the relevant authority. A certified copy is acceptable for submission.

[Nich-Nick 3,355]

We were looking through the link you sent in more detail tonight (thanks again!) and I was wondering, once the I-130 is approved, when do we send the required documents to the NVC? Does the NVC notify you when they require the documents? Can we send photocopies, certified copies, or do they have to be originals?

You addressed this question to me, but I'm a K1 person so don't know all the CR1 and NVC tricks. Go with what RyanH said above. I know the London Embassy well, but not NVC.