Marrying in UK on student visa, then bringing husband to US?

[KC626 0]

Greetings everyone!

I would be so grateful if anyone who is more knowledgeable than I am about the immigration process (which is probably everyone, including my dog) would cast an eye over this plan and help steer me in the right direction.

I entered the United Kingdom on a student visa in September 2011; my student visa expires November 2012. I met my fiance (British citizen) on my course; we recently became engaged.

We had been planning to file a K-1 visa to bring him to live permanently in the US; we had hoped to have a religious wedding ceremony in his parents' Greek Orthodox church in England in Spring 2013 while waiting for the K-1 to process and simply not fill out any legal paperwork, then be legally wed in the US in Autumn 2013 once he was approved to move to the US. However, I have decided this plan is too risky--I don't want the government to think we're trying to pull the wool over their eyes by having even a non-legal marriage ceremony, plus I'm not sure the Church will go for it--so now that plan is scrapped.

I am now contemplating the following course of action: getting legally married in the UK and then filing a CR-1. I want to do this as soon as possible so that we minimize time apart. My mother has kindly offered to hire an immigration lawyer as a wedding gift (thanks mom!), and my mother can receive my mail in the US, so I have agents working for me there. So here is my proposed agenda:

1. Get married legally in the UK as soon as possible.

2. Begin filing CR-1 related paperwork.

3. Return to the US before my student visa expires (October of this year).

4. Go back to the UK after CR-1 has been approved (or during the approval process), have a ceremony in his church, then bring him home to America.

Does anyone see any glaring problems with this plan? (I am worried particularly about whether I can be married while on a student visa in the UK; I don't necessarily expect anyone here to know that for sure, but if you all have any UK visa trivia under your belts, now's the time...). This plan seems to minimize time spent apart (even if the CR-1 takes 12 months to process, if we can start it at the end of July, I could have him in the US next summer), but again, please let me know if I am deluding myself!

Thanks so much all!

[Penguin_ie 5,986]

The CR-1 sounds like a good plan. The only issue I see with the affidavit of support, as you are a student.

You could ask your question about marrying on a student visa in the UK in our UK forum, they members there may know.

[KC626 0]

The CR-1 sounds like a good plan. The only issue I see with the affidavit of support, as you are a student.

You could ask your question about marrying on a student visa in the UK in our UK forum, they members there may know.

I didn't even know the UK forums could answer those kinds of things! Thanks for the recommendation.

By affidavit of support, do you mean the I-864? My darling mother has agreed to be a joint sponsor, so she will promise the government to heroically step in if my fiance ever becomes destitute.

Anything else I've overlooked?

[Bule&Cantik 8]

I didn't even know the UK forums could answer those kinds of things! Thanks for the recommendation.

By affidavit of support, do you mean the I-864? My darling mother has agreed to be a joint sponsor, so she will promise the government to heroically step in if my fiance ever becomes destitute.

Anything else I've overlooked?

Unless you have some kind of unusually difficult situation, you can do without the lawyer.

If you can read and follow instructions the lawyers are basically just good at depleting your money IMO.

As far as the K1. That is visa you guys to marry in USA. Cr1 is visa you apply for if you marry there, then file

Good luck

Grats

Edited June 25, 2012 by Bule&Cantik

[Penguin_ie 5,986]

Sounds like you are all set.

[grrrrreat 109]

Greetings everyone!

I would be so grateful if anyone who is more knowledgeable than I am about the immigration process (which is probably everyone, including my dog) would cast an eye over this plan and help steer me in the right direction.

I entered the United Kingdom on a student visa in September 2011; my student visa expires November 2012. I met my fiance (British citizen) on my course; we recently became engaged.

We had been planning to file a K-1 visa to bring him to live permanently in the US; we had hoped to have a religious wedding ceremony in his parents' Greek Orthodox church in England in Spring 2013 while waiting for the K-1 to process and simply not fill out any legal paperwork, then be legally wed in the US in Autumn 2013 once he was approved to move to the US. However, I have decided this plan is too risky--I don't want the government to think we're trying to pull the wool over their eyes by having even a non-legal marriage ceremony, plus I'm not sure the Church will go for it--so now that plan is scrapped.

I am now contemplating the following course of action: getting legally married in the UK and then filing a CR-1. I want to do this as soon as possible so that we minimize time apart. My mother has kindly offered to hire an immigration lawyer as a wedding gift (thanks mom!), and my mother can receive my mail in the US, so I have agents working for me there. So here is my proposed agenda:

1. Get married legally in the UK as soon as possible.

2. Begin filing CR-1 related paperwork.

3. Return to the US before my student visa expires (October of this year).

4. Go back to the UK after CR-1 has been approved (or during the approval process), have a ceremony in his church, then bring him home to America.

Does anyone see any glaring problems with this plan? (I am worried particularly about whether I can be married while on a student visa in the UK; I don't necessarily expect anyone here to know that for sure, but if you all have any UK visa trivia under your belts, now's the time...). This plan seems to minimize time spent apart (even if the CR-1 takes 12 months to process, if we can start it at the end of July, I could have him in the US next summer), but again, please let me know if I am deluding myself!

Thanks so much all!

I think I remember some issue regarding U.S. citizens marrying in the UK--they need a special permit or visa or something, but I could be remembering wrong. This page might help: http://www.ukba.homeoffice.gov.uk/visas-immigration/while-in-uk/marriageandcivilpartnership/eligibility/

I think it says that foreigners who are already in the UK can get married, but they have to go to a special "designated office" to give notice.

Edited June 25, 2012 by grrrrreat

[ljandjl 1]

I got married in Germany on a student visa...it's not the UK, but it's the same idea. Absolutely no problems. they just need evidence that I'm in the country legally. Also, I had to travel to a consulate to get a sworn affidavit that I am 1) not in the military 2) free to marry and 3) free from STDs. Seriously. This might be unique to Germany though

Good luck & congrats!

[hjones 1]

Just to throw another spanner into the works... think about filing your I-130 application from the UK before you return to the US as some people applying from abroad have experienced an 'expedited' process during this step. See the topic here if you haven't already looked through it: http://www.visajourney.com/forums/topic/357465-usc-petitioner-living-abroad/

I think some people were living abroad on student visas as well and were still 'expedited' though none of this has ever been confirmed by USCIS so it's still somewhat heresay.

Anyway, it worked for us and it might be something you can do to speed up your process and limit any necessary time away from your hubby! Good luck and congrats on the engagement!

[grrrrreat 109]

I got married in Germany on a student visa...it's not the UK, but it's the same idea. Absolutely no problems. they just need evidence that I'm in the country legally. Also, I had to travel to a consulate to get a sworn affidavit that I am 1) not in the military 2) free to marry and 3) free from STDs. Seriously. This might be unique to Germany though

Good luck & congrats!

I think you're mistaken. UK marriage laws are different than Germany's, and UK is known for imposing more requirements on getting married than other countries. But yes, it shouldn't be a problem as long as OP figures out what the requirements are.

[Christi and Ian 24]

As a side note, if you can read and follow directions, you can file the CR-1 yourself and save yourself a ton of time and headache...any questions you may have can be answered by the amazing people here...and probably much more thoroughly than an immigration lawyer. Look over the guides...VJ makes it very simple...

[snapdragon 9]

I just wanted to add weight to the comments that it's likely you won't need a immigration lawyer for the CR-1 process. If you can both read English, fill out forms with personal data, and neither of you have been married before or committed any crimes, I'd recommend doing it yourself. We did, and it's not difficult - promise!

Also, definitely check with regards to the UK marry visit visa and whether you'd need it, even if on a student visa. I know that in Scotland at least, you won't be able to register to marry without it, so you'll probably need some kind of notation.

[KC626 0]

Hello everyone! Thanks so much for your helpful replies. Just as a note, in case anyone in a similar situation stumbles across this in the future, I have spoken with both the local registry office AND a very nice gentleman at the UK Border Agency, both of whom have assured me that individuals in England on a student visa ARE able to get married without having to change the visa status. So student visa=good to go. Just an FYI!

[ljandjl 1]

I think you're mistaken. UK marriage laws are different than Germany's, and UK is known for imposing more requirements on getting married than other countries. But yes, it shouldn't be a problem as long as OP figures out what the requirements are.

I'm mistaken about my experience?! I didn't say she was set & there wouldn't be any problems - I'm well aware there are differences between Germany & the UK....or any other 2 countries in the world. But the student visa bride club is a rather small one, just sharing my experience. As it turns out, it looks like everything will work out nicely for her!