US and UK citizen want to live in US. Where to marry?

[nsharp 0]

My fiance' lives in the UK, and I live in the US. We would like to marry in the UK but live in the US. From what I am reading it seems like the better way to go is to Marry in the US. Very new to all of this, and all the advise is welcomed.

[yuna628 9,527]

My fiance' lives in the UK, and I live in the US. We would like to marry in the UK but live in the US. From what I am reading it seems like the better way to go is to Marry in the US. Very new to all of this, and all the advise is welcomed.

Depends on what you want to do and the particulars of your situation.

You can file for a K1, and marry here. Your fiancé has two options after that, stay and adjust to obtain a Green Card and start working, or return home (that is only if they intend to then file for you to immigrate to the UK, or you'd like to start over again with a spousal visa). Be advised that once your UK fiancé marries you in the US, you are still not eligible to join him in the UK and live there without getting involved in the UK immigration system.

Alternatively, if you have enough financial ability to do so, you can file for a UK visiting marriage visa, which grants you the ability to marry in the UK. However, you are not granted the same rights or abilities to stay, as your fiancé would if you went the US route. You would absolutely have to return home and start over again in a very complex UK system of which there is a high financial requirement to prove. You would also have less rights when it comes to quickly finding employment.

So questions you two need to ask yourselves are:

Where do we want to live?

If the UK, does the UK citizen have the financial means to sponsor you?

If the US, do you have the financial means to sponsor (or have a cosponsor) them?

K1 fiancé visas are currently being directed to the California Service Center, which usually processes within a few months, and then it would just be a matter of finishing the consulate process.

[LionessDeon 2,060]

http://www.visajourney.com/content/compare

You can weigh your options here. Just depends on what works best for your individual situation.

Best of Luck!

Edited July 29, 2015 by LionessDeon

[nsharp 0]

Thank you yuna628! Please bear with me. Again - this is all new to me. We want to live here in the US. So it sounds easier to marry here... but then he has to go back to UK? and I sponsor him? or stay in US and change status. What does it cost to sponsor?

[ChicagoSarah 127]

There are lots of threads about all of this on VJ (use the advanced search feature from a PC).

The high-level differences....

The UK would require the USC to have a visa specifically for marriage. If you marry in the US, you can either do the K-1 and marry or your fiance can come over on VWP, marry, and return to the UK while you process CR-1 paperwork.

K-1 - must marry in the US, then file AOS. This process is typically faster than the CR-1 process (which is what you'd need if you marry in the UK and then wish to immigrate to the US), but is also more expensive and does not permit the immigrant to work or travel upon POE (have to file forms)

CR-1 - if you marry outside of the US - typically takes roughly a year, but your spouse will be eligible to work and travel (more importantly return) to the US upon POE

[ChicagoSarah 127]

Thank you yuna628! Please bear with me. Again - this is all new to me. We want to live here in the US. So it sounds easier to marry here... but then he has to go back to UK? and I sponsor him? or stay in US and change status. What does it cost to sponsor?

I'd encourage you to read the guides at the top of the page (from a PC...mobile doesn't work).

The USC must meet the poverty guidelines for the household size or have a co-sponsor. This is the case for both K-1 and CR-1 visas.

If you do the K-1, he gets the visa, comes here, marries, and stays to adjust status. If you marry in the UK, he stays in the UK until the CR-1 is approved. If he comes on VWP to marry here, then he must return to the UK while you file the CR-1 and it is approved.

Depends on finances and if you want to/can be apart before you're married or afterwards. To each their own. I hated the idea of getting married and then having to be separated, so we did the K-1. But it meant a higher cost and 3-4 months when my husband couldn't work in the US while we waited for his work authorization to come through.

[Pennycat 880]

My fiance' lives in the UK, and I live in the US. We would like to marry in the UK but live in the US. From what I am reading it seems like the better way to go is to Marry in the US. Very new to all of this, and all the advise is welcomed.

If you want to live in the US and get married in the UK, you have two basic options:

1. Marry in UK, apply for spousal visa. This can take about 12 to 18 months (check current Visajourney timelines for a better picture). He would (probably) be able to visit during this period of time as normal. This is not guaranteed, however.

2. Apply for fiance visa now. Fiance visas take under a year, sometimes as fast as 4 or 5 months (but DO NOT count on that, it's all a matter of luck, timing and how long the line is when you got into it). This is a little more tricky but bear with me, it is faster and maybe easier (but not cheaper): He comes over on the fiance visa, you marry (either paper-only courthouse style or a big wedding here if you like), then apply for his green card, work permit (Employment Authorization Document) and travel authorization (Advance Parole). The green card will take about a year, but EAD and AP are only about 3 months. THEN, he will be able to leave the US (and return...that's the tricky part!) to go and have whatever sort of wedding you desire in the UK.

Please note that he cannot leave and come back until he gets AP (this is something that really trips people up from countries that are used to coming and going from the US at will). Also note (I'm anticupating your next question, that was mine, and everyone's) that the idea to have a religious ceremony only or some kind of non legally binding ceremony and save the legal wedding for the US (so that you can still have a "wedding" but not be married....so that you can still use the faster fiance visa) is generally not encouraged here. There have, apparently, been instances of people who did that very thing, and couldn't prove the negative that they weren't married, and were denied and told to start the process over again with the spouse visa.

Basically, with fiance visa, you could have a wedding in the UK in a year's time, maybe less, depending on how quickly your fiance visa goes through, and living together in the US in 9 months or less time. With spouse visa, you could get married in the UK tomorrow if you like, but not be living together in the US for 12-18 months.

[yuna628 9,527]

Thank you yuna628! Please bear with me. Again - this is all new to me. We want to live here in the US. So it sounds easier to marry here... but then he has to go back to UK? and I sponsor him? or stay in US and change status. What does it cost to sponsor?

Nope. The thing about a K1 is, it gives him the option to stay or go back home if he wants to. So if he wants to stay, he can absolutely stay. BUT, you'll need to file paperwork to adjust his status so that he would be legal to stay and work here.

The actual money cost of the entire process is a $340 filing fee for the US citizen to file the application for the K1. The rest of the cost is on the UK citizen, for medical appointment and visa fees.

Once you marry and he's here it costs $1070 filing fee to adjust status. This process grants him the ability to travel home in an emergency if he needs to, a temporary working permit, and then eventually a Green Card.

If the plan is for him to stay in the US, the sponsor or cosponsor needs to make 125% of the poverty guideline. This financial test is much less than what he would have to make if you were to immigrate to the UK. And unlike the UK, you can seek out a co-sponsor/joint sponsor to help if money if proving income is an issue http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

Edited July 29, 2015 by yuna628

[LionessDeon 2,060]

Thank you yuna628! Please bear with me. Again - this is all new to me. We want to live here in the US. So it sounds easier to marry here... but then he has to go back to UK? and I sponsor him? or stay in US and change status. What does it cost to sponsor?

http://www.visajourney.com/content/compare

http://www.visajourney.com/content/guides

These links are a must read. It will answer your questions and give you needed info on what's ahead. It lists the costs, the steps, etc etc The USC the petitioner

Edited July 29, 2015 by LionessDeon

[nsharp 0]

ok. You are ALL so wonderful! Thank you! it sounds like the best bet is to Marry here in the US. And try for the K1. I think I make more than enough according to the link I went to. I guess I need to just figure out where to start. Maybe a wedding date would help... but maybe not. Sounds like a lot of waiting

[Darnell 8,478]

you might have the big fun getting married in Cuba, as entry is allowed now for UK and USA citizens (plus big fun is cheap there!)

[ChicagoSarah 127]

Sadly, setting a wedding date when chasing a K-1 is strongly discouraged. As was mentioned above, it could take 3 months or it could take a year+. Immigration is so unpredictable.

If you want to pursue the K-1, checkout the guides and start getting the forms and supporting documents together so that you can mail off the application.

And come check out the UK sub-forum...lots of great discussion in there, too!

[nsharp 0]

UK sub-forum? do I just put that in the "search" area? Sorry... new...

[yuna628 9,527]

UK sub-forum? do I just put that in the "search" area? Sorry... new...

http://www.visajourney.com/forums/forum/99-united-kingdom/

There's a good guide there for the London process after you have filed the application. Make sure you read through the K1 guides very carefully to make sure you've sent everything in correctly.

Setting a wedding date isn't something the government encourages. Anything can have hiccups along the way causing you to potentially lose money that can't be refunded if you need to change plans fast. We planned out our wedding for over a year without making any financial plans with vendors. Originally thought we'd be married by now.. who would of thought it would take this long.

Edited July 29, 2015 by yuna628

[Darnell 8,478]

if'n yer on a PC,

click the word 'Forums' in the upper blue bar.

Go Get Em, and Good Luck !