I have a question for my British soon-to-be fiance...? :)

[addocap 2]

I am in a tricky situation and need some help regarding which visas to apply for and how.

I will be proposing to my girlfriend in the next few months. We want to get married sometime during the summer of 2016. Here's the tricky part.

Me: American Citizen
Her: British Citizen

She wants to get married in --> America <-- during the summer of 2015.

After we get married, we will both go back to the United Kingdom, as a married couple, for university - her, nursing student and I am a PhD student.

After 1 year, we will return to the United States, where we plan on staying.

Here is my timeline:


Summer 2016 - Marriage in America (K-1 visa, I'm guessing?)
Fall 2016-Fall 2017 - Married, living in UK for university
November/December 2017 - Return to live in America together.

Soooo....

Can you help me regarding which visas we will need to apply for, respectively? Also, what timeline should we begin to apply for these?

Also, any information such as how much they will cost and how long they take, would be appreciated.

We are ready to get this started and I look forward to any help! I know some of the general visa processes, but I don't really understand what we need to do since we will be jumping back and forth as shown above.

Thanks in advance!

[Darnell 8,478]

tell me again,

what happens

in the summer of 2015 ?

T I A !

[Lainie B 465]

Best thing would be for her to use the VWP in summer 2016 to enter the US and marry, then around 1 year before the two of you plan to relocate to the US, start the CR-1 visa process.

Edit- do you mean to marry in 2015 or 2016?

Edited January 18, 2015 by Lainie B

[addocap 2]

Whoops - I meant getting married in the summer of 2016.

[Darnell 8,478]

oh, they should marry in 2015 in the summer (she use her ESTA) , then get on to the UK,

then have the phD student file via DCF to London when they are ready to return to USA.

That's it. <EOM>

[addocap 2]

This is what I was hoping to do... However...

Isn't this easily misconstrued as visa fraud?

Thank you to everyone who is answering, by the way!

[Darnell 8,478]

since there was no adjustment of status filed after marriage inside the usa,

where is the fraud ?

[addocap 2]

In this case, is it acceptable for her to visit the US with the INTENT to get married (and return to the UK), or would she need to enter just as a "visitor" and just "happen to get married, while there?"

[Lainie B 465]

You can enter the US on the VWP or tourist visa with the intent to marry, no problem, but just not with the intent to stay and adjust status. Since that's not what you intend to do, you will be fine.

[Lainie B 465]

I agree with Darnell - if you qualify for DCF use that instead of the usual CR-1 process, this will be a lot faster.

[Darnell 8,478]

In this case, is it acceptable for her to visit the US with the INTENT to get married (and return to the UK), or would she need to enter just as a "visitor" and just "happen to get married, while there?"

you're missing the final step [which is fraudulent]

and that is,

to adjust status in USA, never leave.

so - since the two of you are both missing that final step,

there is no fraud.

folk get married in usa all the time and not adjust status here.

please understand difference between:

1. chasing a green card after marrying in usa versus

2. chasing a visa outside of the usa after marrying anywhere in the world, including the usa.

folk sometimes confuse this - please don't be a member of the folksen tribe [or I call yer Mum, and complain, much]

[Nich-Nick 3,354]

Read this FAQ on the London embassy website http://london.usembassy.gov/faq-imm-proc.html#iv036

It answers the question you are asking about marriage in the US.

[addocap 2]

Thank you everyone!

Last question - could I still return to the UK on a student visa even after marriage to a British citizen? (with no intend to settle in the UK)

[Dohan 133]

Thank you everyone!

Last question - could I still return to the UK on a student visa even after marriage to a British citizen? (with no intend to settle in the UK)

Check this for your reference http://www.visabureau.com/uk/immigration.aspx. Also check with your school but from what I know if you are not intending to stay in UK past the allowed time, your student status does not change. Keep in mind that although you are married, since you are in UK under student visa you still have only the allowances provided by your student visa for your PhD time.