Marrying in UK

[AdamKelsey 1]

Im new here so i aplogise if this information is available somewhere on the site.

Me and my fiancee intend on marrying in the UK next June and moving in with her parents in PA. We thought it would be better for us to apply for a K-1 Fiance Visa (due to the fact we will be moving over days after the wedding) and adjust the status as soon as we get over there.

Would this be the best way to achieve this? The forms tell us that we must intend to marry within 90 days of me actually living in America, but since we will already be married, could we just adjust the status once we arrive?

I will be moving over there in 12 months, do you think the visa will be taken care of by then?

Sorry if this is a stupid question, you can never be too careful.

Thank you,

Adam.

[Penny Lane 8,159]

The K1 is for those planning to marry in the United States, so that will not work for you.

I suggest getting married in the UK and then filing for a spousal visa. Take a look at the guides and see what is required. I believe the spousal visa tends to take a little bit longer, so I'm not sure you'd be able to receive one by your deadline. It takes roughly a year after the marriage to obtain the visa.

Edited June 7, 2012 by Evylin

[LeftCoastLady 441]

Im new here so i aplogise if this information is available somewhere on the site.

Me and my fiancee intend on marrying in the UK next June and moving in with her parents in PA. We thought it would be better for us to apply for a K-1 Fiance Visa (due to the fact we will be moving over days after the wedding) and adjust the status as soon as we get over there.

Would this be the best way to achieve this? The forms tell us that we must intend to marry within 90 days of me actually living in America, but since we will already be married, could we just adjust the status once we arrive?

I will be moving over there in 12 months, do you think the visa will be taken care of by then?

Sorry if this is a stupid question, you can never be too careful.

Thank you,

Adam.

The K-1 visa isn't the right option for you, then. If you want to get married in the UK, you'll have to use the I-130 petition and apply for the IR-1/CR-1 spousal visa. Please read the visa comparison chart so you file the right petition (note: the K-3 is no longer an option): http://www.visajourney.com/content/compare

[AdamKelsey 1]

Do we not need a marriage certificate to complete a spousal visa? That would require getting married very soon, or else we will not have the certificate in time to even file for the visa before we're supposed to be moving.

Thanks.

[Penny Lane 8,159]

Do we not need a marriage certificate to complete a spousal visa? That would require getting married very soon, or else we will not have the certificate in time to even file for the visa before we're supposed to be moving.

Thanks.

That's correct. Your plan of getting married and moving all within a few days of each other is not realistic, unfortunately, and won't happen. So plans will need to be changed. Either file for the K1 and agree to get married in the US, or file for the IR-1/CR-1 after your marriage (whenever that will be) and then go through that process, which also is not short.

Edited June 7, 2012 by Evylin

[LeftCoastLady 441]

Do we not need a marriage certificate to complete a spousal visa? That would require getting married very soon, or else we will not have the certificate in time to even file for the visa before we're supposed to be moving.

Thanks.

Yes, supplying a copy of the marriage certificate would be one of the items needed for the spousal visa petition. Be sure to read the guide to get the details: http://www.visajourney.com/content/i130guide1

And visit the spousal visa forum: http://www.visajourney.com/forums/forum/110-ir-1-cr-1-spouse-visa-process-procedures/

[Inky 1,111]

Its a good thing you asked because now you can correct your plan instead of getting all the way through it and finding out you made a horrible horrible mistake.

The K-1 is only for fiance(e) to marry in the USA - that is the requirement. You cannot marry in the UK on a K-1 and enter the USA and adjust status.

You will need to go the spousal visa rout if you seriously are set on marrying in the UK. That is the only way you can do it. 8-9 months after your marriage and she has the spousal visa she can then move to the USA to be with you.

[AdamKelsey 1]

It seems i have royally messed up, due to the fact that our wedding is already booked.

How about, having the marriage here, but not legally signing the forms, just the celebration, and getting officially married at a registrar in the US?

I know it's a mess, i should have done my research first!

Thanks for all the help though.

Adam.

[Penny Lane 8,159]

It seems i have royally messed up, due to the fact that our wedding is already booked.

How about, having the marriage here, but not legally signing the forms, just the celebration, and getting officially married at a registrar in the US?

I know it's a mess, i should have done my research first!

Thanks for all the help though.

Adam.

Most people here don't advise it, because if something "looks" like a wedding, it can be perceived as one. If you don't sign any papers, or provide any pictures at the interview, this is possible. It's not a risk I would personally take, but that's just me.

[LeftCoastLady 441]

Agree w/Evylin, it's not worth the risk of being denied. If you have already made plans/reservations for a UK wedding, go with the spousal visa.

[AdamKelsey 1]

We will have already received the visa and been through all the interview process before the actual wedding. As i said, we will be leaving a couple of weeks after the wedding.

Thanks Evylin.

Adam

[Penny Lane 8,159]

We will have already received the visa and been through all the interview process before the actual wedding. As i said, we will be leaving a couple of weeks after the wedding.

Thanks Evylin.

Adam

If this is what you insist on doing, then you need to file fairly quickly. Right now, there are people waiting up to and over 6 months just for the petition approval, not even counting the NVC process (taking a month for some people) as well as the interview/embassy process. If you want to get married a year from now, you should be filing shortly for the K1.

[LeftCoastLady 441]

We will have already received the visa and been through all the interview process before the actual wedding. As i said, we will be leaving a couple of weeks after the wedding.

Thanks Evylin.

Adam

If you file the petition for the fiancé(e) visa now, you'd likely have it by March 2013, true, however, you would need to go through the Adjustment of Status process and apply for Advanced Parole to allow your wife to re-enter the country. That usually takes several months, so June 2013 would be cutting it very close.

[rocks 494]

Agree w/Evylin, it's not worth the risk of being denied. If you have already made plans/reservations for a UK wedding, go with the spousal visa.

I agree. Either that or apply for the K-1 now, move to the US and get married at the courthouse, which would need to be before the wedding you have planned in the UK. Then return to the UK on vacation for the non-legal ceremony.

[photomile 101]

Marriage status will also show on background checks. You could potentially be denied entry even after approval of a visa if they believe you are married.