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Filed: Timeline
Posted (edited)

Hi, My fiance is an american and I am English. Due to the fact that I have children with an ex partner I can not consider leaving my country permanantly until they are considerably older and can make up their own minds should they wish to join me in moving eventually to america. I don't think it would be fair on anyone. Thus my fiance plans to move to the uk at the start of next year.

Myself and my fiance would like to marry in america for his family but then I would return home to england (literally within the week) where he would hopefully be able to join me after finishing a course of study and recieving his spousal visa approval (fingers crossed). I can't seem to find any information that doesnt assume that I would want to up sticks to america.

Is it even possible??? Can I just show up on a trip, marry him and then return to the uk without any repercussions in the long term? If so what should I be looking for? Would I be better to marry in england in terms of my fiance's planned immigration to the uk? Many thanks for any help.

Edited by the other1
Filed: Timeline
Posted
Hi, My fiance is an american and I am English. Due to the fact that I have children with an ex partner I can not consider leaving my country permanantly until they are considerably older and can make up their own minds should they wish to join me in moving eventually to america. I don't think it would be fair on anyone. Thus my fiance plans to move to the uk at the start of next year.

Myself and my fiance would like to marry in america for his family but then I would return home to england (literally within the week) where he would hopefully be able to join me after finishing a course of study and recieving his spousal visa approval (fingers crossed). I can't seem to find any information that doesnt assume that I would want to up sticks to america.

Is it even possible??? Can I just show up on a trip, marry him and then return to the uk without any repercussions in the long term? If so what should I be looking for? Would I be better to marry in england in terms of my fiance's planned immigration to the uk? Many thanks for any help.

You can do this on the Visa Waiver Program no problem.

Filed: Timeline
Posted

the other1,

Yes.

Most if not all places will require you to get a marriage license in advance of getting married, perhaps as much as a few days or more. Each state is different on the requirements for marriage licenses, so check out your preferred place in advance. Las Vegas is famous (infamous?) for quick and easy marriages if you'll be short on time.

Yodrak

..... Can I just show up on a trip, marry him and then return to the uk without any repercussions in the long term? .....
Filed: Country: United Kingdom
Timeline
Posted
Is it even possible??? Can I just show up on a trip, marry him and then return to the uk without any repercussions in the long term? If so what should I be looking for? Would I be better to marry in england in terms of my fiance's planned immigration to the uk? Many thanks for any help.

Yes. Getting married is a valid use of the VWP. You can use the trip to the US to lodge your UK spousal visa application. I hear if you us the right Embassy, you can get it done in one day.

The UK doesn't care where you married, in terms of their immigration.

Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

Filed: Timeline
Posted
Thank you both! That's made my day! Mwah!!!

One more thing...you might want to be careful at the point of entry. If you mention your purpose for visit is to get married you might have a difficult time entering. They will think you're staying unless you have a load of proof you intend on returning.

Posted

There's not a visa option set up explicitly for your situation. But there are two basic ways you could do it.

You could enter as a visitor, using the visa waiver program (or a tourist visa). Then you could marry, and leave the US before your visiting time expired. There's nothing at all illegal or wrong with that. However, there's a possible hitch. You won't be allowed entry into the US if the inspecting officer believes you're going to marry and stay. And you have the burden of proving your intent, so if things are uncertain, you can be turned away. My guess is that, if they find out you're intending to get married, they'll assume you'll want to stay, and they'll turn you away unless you have the appropriate visa.

You could get a K-1 visa, enter using it, marry, and then leave, abandoning your status. There's also nothing at all illegal or wrong about that. And it has the advantage that your entry into the US is much more certain. The obvious disadvantage is the time required to get that K-1 visa.

It's tempting to say enter as a visitor and don't let the officer find out you're getting married. But that's not such a good idea, because it runs very close to encouraging you to either lie to the officer or to conceal a material fact from the officer. If you do either of those two things, you're in very serious trouble, and you get a lifetime ban from ever entering the US. There is no waiver available from such a ban, under any circumstances. The officer will ask the purpose of your visit. If you conceal the real purpose of your visit when you respond to that question, you will be subjecting yourself to that lifetime ban.

The safest, most conservative thing to do is get the K-1 visa. The other approach is probably workable, though you run some risk of being turned away at the port of entry.

04 Apr, 2004: Got married

05 Apr, 2004: I-130 Sent to CSC

13 Apr, 2004: I-130 NOA 1

19 Apr, 2004: I-129F Sent to MSC

29 Apr, 2004: I-129F NOA 1

13 Aug, 2004: I-130 Approved by CSC

28 Dec, 2004: I-130 Case Complete at NVC

18 Jan, 2005: Got the visa approved in Caracas

22 Jan, 2005: Flew home together! CCS->MIA->SFO

25 May, 2005: I-129F finally approved! We won't pursue it.

8 June, 2006: Our baby girl is born!

24 Oct, 2006: Window for filing I-751 opens

25 Oct, 2006: I-751 mailed to CSC

18 Nov, 2006: I-751 NOA1 received from CSC

30 Nov, 2006: I-751 Biometrics taken

05 Apr, 2007: I-751 approved, card production ordered

23 Jan, 2008: N-400 sent to CSC via certified mail

19 Feb, 2008: N-400 Biometrics taken

27 Mar, 2008: Naturalization interview notice received (NOA2 for N-400)

30 May, 2008: Naturalization interview, passed the test!

17 June, 2008: Naturalization oath notice mailed

15 July, 2008: Naturalization oath ceremony!

16 July, 2008: Registered to vote and applied for US passport

26 July, 2008: US Passport arrived.

Filed: Timeline
Posted
There's not a visa option set up explicitly for your situation. But there are two basic ways you could do it.

You could enter as a visitor, using the visa waiver program (or a tourist visa). Then you could marry, and leave the US before your visiting time expired. There's nothing at all illegal or wrong with that. However, there's a possible hitch. You won't be allowed entry into the US if the inspecting officer believes you're going to marry and stay. And you have the burden of proving your intent, so if things are uncertain, you can be turned away. My guess is that, if they find out you're intending to get married, they'll assume you'll want to stay, and they'll turn you away unless you have the appropriate visa.

You could get a K-1 visa, enter using it, marry, and then leave, abandoning your status. There's also nothing at all illegal or wrong about that. And it has the advantage that your entry into the US is much more certain. The obvious disadvantage is the time required to get that K-1 visa.

It's tempting to say enter as a visitor and don't let the officer find out you're getting married. But that's not such a good idea, because it runs very close to encouraging you to either lie to the officer or to conceal a material fact from the officer. If you do either of those two things, you're in very serious trouble, and you get a lifetime ban from ever entering the US. There is no waiver available from such a ban, under any circumstances. The officer will ask the purpose of your visit. If you conceal the real purpose of your visit when you respond to that question, you will be subjecting yourself to that lifetime ban.

The safest, most conservative thing to do is get the K-1 visa. The other approach is probably workable, though you run some risk of being turned away at the port of entry.

I think you're making it much more complicating than it has to be but you have laid out all the options. I would just suggest the VWP - dont mention the marriage at the POE (notice how I didnt say LIE about it) marry then get on with your life.

Filed: Other Country: China
Timeline
Posted (edited)
There's not a visa option set up explicitly for your situation. But there are two basic ways you could do it.

You could enter as a visitor, using the visa waiver program (or a tourist visa). Then you could marry, and leave the US before your visiting time expired. There's nothing at all illegal or wrong with that. However, there's a possible hitch. You won't be allowed entry into the US if the inspecting officer believes you're going to marry and stay. And you have the burden of proving your intent, so if things are uncertain, you can be turned away. My guess is that, if they find out you're intending to get married, they'll assume you'll want to stay, and they'll turn you away unless you have the appropriate visa.

You could get a K-1 visa, enter using it, marry, and then leave, abandoning your status. There's also nothing at all illegal or wrong about that. And it has the advantage that your entry into the US is much more certain. The obvious disadvantage is the time required to get that K-1 visa.

It's tempting to say enter as a visitor and don't let the officer find out you're getting married. But that's not such a good idea, because it runs very close to encouraging you to either lie to the officer or to conceal a material fact from the officer. If you do either of those two things, you're in very serious trouble, and you get a lifetime ban from ever entering the US. There is no waiver available from such a ban, under any circumstances. The officer will ask the purpose of your visit. If you conceal the real purpose of your visit when you respond to that question, you will be subjecting yourself to that lifetime ban.

The safest, most conservative thing to do is get the K-1 visa. The other approach is probably workable, though you run some risk of being turned away at the port of entry.

I think you're making it much more complicating than it has to be but you have laid out all the options. I would just suggest the VWP - dont mention the marriage at the POE (notice how I didnt say LIE about it) marry then get on with your life.

Yes, there is no reason to complicate matters. The K1 visa is for fiance's who wish to marry in the US AND become permanent residents. That is not your intention. You don't intend to immigrate, so getting married while you're here is of no interest to the US or Britain. I assume your husband will want to come to Britain. That's an entirely different matter between him and the UK Government. You probably already know the answer to those questions.

Edited by pushbrk

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Filed: Timeline
Posted (edited)

the other 1,

A US citizen fiance(e) or spouse living in the USA can make proving non-immigrant intent difficult for the alien partner. In the same way, a USC fiance(e) or spouse who lives in the alien's coutry is excellent evidence of non-immigrant intent.

It would make things much easier if your fiance were already living in England, but anything he can do now to make concrete preparations for his move, and document those preparations, should make it easier for you at the POE should your non-immigrant intentions be questioned.

Yodrak

There's not a visa option set up explicitly for your situation. But there are two basic ways you could do it.

You could enter as a visitor, using the visa waiver program (or a tourist visa). Then you could marry, and leave the US before your visiting time expired. There's nothing at all illegal or wrong with that. However, there's a possible hitch. You won't be allowed entry into the US if the inspecting officer believes you're going to marry and stay. And you have the burden of proving your intent, so if things are uncertain, you can be turned away. My guess is that, if they find out you're intending to get married, they'll assume you'll want to stay, and they'll turn you away unless you have the appropriate visa.

You could get a K-1 visa, enter using it, marry, and then leave, abandoning your status. There's also nothing at all illegal or wrong about that. And it has the advantage that your entry into the US is much more certain. The obvious disadvantage is the time required to get that K-1 visa.

It's tempting to say enter as a visitor and don't let the officer find out you're getting married. But that's not such a good idea, because it runs very close to encouraging you to either lie to the officer or to conceal a material fact from the officer. If you do either of those two things, you're in very serious trouble, and you get a lifetime ban from ever entering the US. There is no waiver available from such a ban, under any circumstances. The officer will ask the purpose of your visit. If you conceal the real purpose of your visit when you respond to that question, you will be subjecting yourself to that lifetime ban.

The safest, most conservative thing to do is get the K-1 visa. The other approach is probably workable, though you run some risk of being turned away at the port of entry.

Edited by Yodrak
Filed: Timeline
Posted (edited)

the other1,

But you are going on a holiday.

Yodrak

thank you everyone for giving me some hope!

So as a brit do i actually need any forms or would it principly be the same process as me going on holiday in terms of paperwork?

....

Edited by Yodrak
Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

If you just want to have your wedding here in the states, you can always save the legal marriage for the UK. Then you won't have to worry about saying anything at all of concern at the border since you won't be entering to marry. By that I mean, you can stand in front of a church or a room of people and declare whatever you want, but if you don't sign a document after, you ain't hitched.

Do that and reduce all headaches and concern. Enter the country saying the same thing you've always said and answering the questions the same way you've always done because you aren't doing anything other than going on holiday.

A lot of this process and this body of law involves not thinking so hard about everything.

If you're still concerned about appearences, take a copy of you lease or mortgage and a letter from your employer saying you're expected back at work on x date and some paperwork from your bank showing you won't be a welfare leech.

Best of luck.

I-129F/K1

1-12-07 mailed to CSC

1-22-07 DHS cashes the I-129F check

1-23-07 NOA1 Notice Date

1-26-07 NOA1 arrives in the post

4-25-07 Touched!

4-26-07 Touched again!

5-3-07 NOA2!!! Two approval emails received at 11:36am

5-10-07 Arrived at NVC/5-14-07 Left NVC - London-bound!

5-17-07??? London receives?

5-20-07 Packet 3 mailed

5-26-07 Packet 3 received

5-29-07 Packet 3 returned, few days later than planned due to bank holiday weekend

6-06-07 Medical in London (called to schedule on May 29)

6-11-07 "Medical in file" at Embassy

6-14-07 Resent packet 3 to Embassy after hearing nothing about first try

6-22-07 DOS says "applicant now eligible for interview," ie: they enter p3 into their system

6-25-07 DOS says interview date is August 21

6-28-07 Help from our congressional representative gives us new interview date: July 6

7-06-07 Interview at 9:00 am at the London Embassy - Approved.

7-16-07 Visa delivered after 'security checks' completed

I-129F approved in 111 days; Interview 174 days from filing

Handy numbers:

NVC: (603) 334-0700 - press 1, 5; US State Department: (202) 663-1225 - press 1, 0

*Be afraid or be informed - the choice is yours.*

Filed: Timeline
Posted
the other1,

But you are going on a holiday.

Yodrak

thank you everyone for giving me some hope!

So as a brit do i actually need any forms or would it principly be the same process as me going on holiday in terms of paperwork?

....

I'm gonna book me a flight asap! :)

 
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