Easier to marry in the UK before coming to the USA??

[lynndy38 64]

Hi guys!!!!

What a great website,yet also shows the hoops you have to jump through to be with the one you love

Aaaanyway......

Would it be easier/faster/legal for my American boyfriend to come over to the UK,marry me and return(without me) and then file for the K3 spousal visa?

OR

Should we just go for the K1 fiance and marry in the US? Would I have to return to the UK afterwards?

Eric and I have been together for nearly 4 years now,I currently visit on a tourist visa and stay around 80 days(have done this 4 times,he's visited me twice in the UK)but the hassle I get from immigration has gotten worse each time,even though I come,spend money,never overstay and always leave when I say.

USA immigration officials are MEAN.

We need to be together,I leave tomorrow for the UK and I know its probably next year until we will see each other again, and each time we have to leave each other it breaks our hearts.

PLEASE could anyone give advice/help it would be very much appreciated.

[Little_My 463]

K3 is basically a non-existent process these days, so don't look into that at all. Your options are either the K-1 fiance visa route, or the CR-1 spousal visa route. Either is a viable option, but I personally always think CR-1 is the better route to go mainly because it is cheaper, the processing time isn't that much longer than it is for K-1, and because there is no AOS part to the process, the foreign spouse can begin working and living a normal life of a permanent resident in the US upon entry without any periods of resterictions regarding the ability to work or travel.

For the K-1 process, you CANNOT be married prior to filing for the visa, as it is meant to bring fiances of US citizens to the US to marry their American spouses here. For the CR-1 process, you HAVE TO be married before filing, as CR-1 is a spousal visa.

VJ has a very handy comparison chart here: http://www.visajourney.com/content/compare

[lynndy38 64]

Hey Little_My thankyou so much for the reply!!!!

We've just been looking at the CR1 spousal visa and its sounding like our best option.

Am I right to assume once married in the UK the USA will recognise the marriage as legal?!!!

Obviously we will have the papers to prove so.

The comparison chart was awesome thankyou!!!!

[jaycali 415]

Hi guys!!!!What a great website,yet also shows the hoops you have to jump through to be with the one you loveAaaanyway......Would it be easier/faster/legal for my American boyfriend to come over to the UK,marry me and return(without me) and then file for the K3 spousal visa?OR Should we just go for the K1 fiance and marry in the US? Would I have to return to the UK afterwards?Eric and I have been together for nearly 4 years now,I currently visit on a tourist visa and stay around 80 days(have done this 4 times,he's visited me twice in the UK)but the hassle I get from immigration has gotten worse each time,even though I come,spend money,never overstay and always leave when I say.USA immigration officials are MEAN.We need to be together,I leave tomorrow for the UK and I know its probably next year until we will see each other again, and each time we have to leave each other it breaks our hearts. PLEASE could anyone give advice/help it would be very much appreciated.

Welcome to VJ!!

First of all, Little My is right. The K-3 is an obsolete visa and only exists on paper now. You'll be applying for a K-1 visa or a CR-1 visa.

Let me give you the basics:

CR-1. Get married in the UK. He files an I-130 petition on your behalf, which will allow you to apply for a CR-1 visa. This takes about 7 - 10 months altogether and will cost around $1,000 altogether. Once you land in the US with your CR-1 visa you are a conditional legal permanent resident. You have all the rights of a green card holder from day 1, but will need to file for removal of conditions a little less than 2 years after entry to get your 10 year green card.

K-1. He proposes, and files an I-129f petition on your behalf, which will allow you to apply for a K-1 visa. This takes about the same time as the CR-1 (or usually a month or so less) and will cost around $1,400 + potential lost income. When you land in the US, you will be in K-1 status, meaning you'll have to get married within 90 days of arrival. Once married, you can then file adjustment of status, which will get you conditional legal permanent residency after about 6 months. Concurrently with the adjustment of status, you may also file for travel permission and work authorization. A little less than 2 years after you receive your green card you can remove conditions.

All in all, if he can marry you in the UK soon, the CR-1 is by far the superior visa. If he can't make it to the UK any time soon, the K-1 is more convenient.

Am I right to assume once married in the UK the USA will recognise the marriage as legal?!!!Obviously we will have the papers to prove so. The comparison chart was awesome thankyou!!!!

There's no automation to it, like David Cameron won't send a letter to Barack Obama saying you're now married. But yes, when you file the I-130 and attach the marriage certificate, your marriage will be considered legal as long as it fill the requirements for marriage in the US. (No same sex, minor, polygamy etc.)

Edited April 9, 2012 by jaejayC

[lynndy38 64]

Excellent,thanks guys.

Its been getting harder each visit to get through immigration,the past few times Ive been sat in floods of tears........I just don't get why they have to be so rude and downright mean. It astounds me that they want evidence you're in a real relationship......yet make it as hard as possible to spend time together and gain the proof they want!!!!!

I have no idea why ANYONE would chose to gain entry to another country via marriage ect without being completely in love,the whole process is heartbreaking not to mention time consuming and expensive!!!!!

I get that they're trying to stop illegal immigration but it feels they pick on the wrong folk sometimes.

Its good to read success stories on here,gives me hope.

[Rebecca Jo 1,962]

Your boyfriend can't just come over to the UK to marry you. He'll need a visit-for-marriage visa from the UK Border Agency. Not expensive and not that hard to get, but necessary nonetheless.

[lynndy38 64]

Oh great.......a spanner in the works

Id heard we could marry without a marriage visa providing my BF could provide evidence of the strong ties he has to return to the US???

[jaycali 415]

Excellent,thanks guys.Its been getting harder each visit to get through immigration,the past few times Ive been sat in floods of tears........I just don't get why they have to be so rude and downright mean. It astounds me that they want evidence you're in a real relationship......yet make it as hard as possible to spend time together and gain the proof they want!!!!!I have no idea why ANYONE would chose to gain entry to another country via marriage ect without being completely in love,the whole process is heartbreaking not to mention time consuming and expensive!!!!!I get that they're trying to stop illegal immigration but it feels they pick on the wrong folk sometimes.Its good to read success stories on here,gives me hope.

The vast majority of CR-1/IR-1 and K-1 visas are issued to real, legitimate spouses and fiances. But considering there are literally hundreds of thousands of spouses and fiances coming to the US every year, tens of thousands are still fraudsters, scam artists, and people you generally wouldn't want in your country at all. And yes, tens of thousands every year. To me, it's sickening, because these con artists are the reason you and I and everyone else in the K-1/CR-1/IR-1 category on this forum have to spend months on end in long term relationships, and put our lives on hold.

Read this article:

http://www.cis.org/marriagefraud

it's an excellent (bit lengthy) article on fraud marriages, written by a former CO.

[Holly2234 66]

Like Rebecca Jo said, he'll need a visit for marriage visa. http://www.ukba.homeoffice.gov.uk/visas-immigration/visiting/marriage-cp/ You can find the information here. It isnt particularly difficult either. Good luck! You also need to give notice of marriage at a city registry office 15 days before the planned marriage. They can give you an appointment for this and you and your partner both need to be at the appointment with ID and his visa and proof of address. It cant be a district one because they dont deal with non-UK citizens and must be the closest city to where you live.

Edited April 18, 2012 by Holly2234

[lynndy38 64]

Hey guys,

Thanks for all the replies.......well after talking with the local registrar it seems the best and fastest option will be to marry in Scotland!!!!

My fiance would have had to take almost a month off work due to the 7 days head on pillow uk residency thing then the 15 day notice,plus having to attend giving the notice in person there was NO WAY he could leave his practice for that long.

Sooooo I called the Edinburgh registrar office and they told me he wouldnt need residency nor would we have to go in person to place the notice of our marriage,if the registrar wanted to see either of us in person me going alone would be ok.My fiance could pretty much do his side over the internet(she gave me the website)

He will need a visa to visit for marriage, but that shouldnt be a problem as he will have evidence to show he must return to the US due to his work commitments,plus a return flight ticket.

Of course then he will have to apply for the CR-1 when he returns home,and I will have to live apart from my husband for a while,plus have the interview and medical. But I guess many here have been through the same.

I was 34 when I met him.....Im figuring I'll be nearer 40 by the time we finally get together permantly and the official people wonder if we're genuine!!!

Im hoping noone tells me I can't marry him in Scotland now.......it seems to good to be true!!!!

[Holly2234 66]

Sounds like you've got it figured out! It shouldn't take TOO long until you can be together if you start the wedding visa out asap. UK visas seem to be pretty quick. My husband had a UK one within 6 weeks of applying. As soon as that's done, you can file the I-130 and its mostly a waiting game for a couple of months then a few more things to do. You could possibly be together within a year after your wedding.

[lynndy38 64]

Hi Holly

You've confused me a little (doesn't take much)

So it takes a while for the marriage visa to be granted? And whats the I-130???? Oh heck Im really rubbish at this....heres me thinking the marriage visa will be as simple to get as the visitors ESTA.

Im feeling deflated again

[Adriene H 89]

Your boyfriend can't just come over to the UK to marry you. He'll need a visit-for-marriage visa from the UK Border Agency. Not expensive and not that hard to get, but necessary nonetheless.

Not true?

I came to the UK in January 2011 on a 6-month

tourist visa and got married in north west

England in June 2011. The registrar's

office never asked for a visa.

[Harpa Timsah 13,258]

Hi Holly

You've confused me a little (doesn't take much)

So it takes a while for the marriage visa to be granted? And whats the I-130???? Oh heck Im really rubbish at this....heres me thinking the marriage visa will be as simple to get as the visitors ESTA.

Im feeling deflated again

Not to be rude, but are you serious? Have you done any research?

Look at uscis.gov, look at the VJ guides on spousal visas, check the processing times and the forms. Look at the forms - see what they say. Yes, a spousal visa takes 8-10 months, and you start the process by filing a I-130 petition with USCIS. It also costs about $1000.

If this seems difficult, then get a lawyer to do it for you.

Edited April 18, 2012 by Harpa Timsah

[lynndy38 64]

Harpa.......my fiance is coming here,we're getting married then he is returning.....all within a week. I do not need a spousal visa for the UK.....surely h he requires only a visa to say we're getting married?

I will be moving over to the States as soon as the process of the CR-1 visa has been completed(which he will begin on his return)Of course Im looking into this but know very little on the legal requirements at the moment hence the reason I am here asking for support,its complicated and long.......

So basically all I need to know is can he come here on a visit to marry visa and return to the USA after we marry?

Then he will begin the Spousal visa process for me to move over there when he returns home.