My fiance is uk citizen, im US citizen. which path should we take

[MargotDarko 0]

Did I miss where the OP says he's currently living in the UK?

I just re-read the thread - he actually says that he' hasn't been in the UK for over a month.

[John & Annie 0]

Did I miss where the OP says he's currently living in the UK?

he didn't. he stated that has has not lived there for over a month. I want to think that he meant that he has not visited for over a month.

Edited April 17, 2007 by John & Annie

[TimsDaisy 0]

well, if he can't legally marry there, then i think he's actually in good shape because then he can apply for the k1 now and just have the party over there and then continue the process.

[MissStacey 1]

Welcome to VisaJourney!! I'm glad you found your way here!!

There is so much to absorb and learn when you are in this process. At times this process can also drive you to the brink of insanity! But there are many wonderful people here who will give you great advice and help you along the way. I know it is all so overwhelming when you are starting and don't really know what to do. That was me several months ago, I was lost and clueless about this whole process, I have learned so much here and I still have much more to learn.

Finding VJ was a lifesaver for me, and I hope it is for you too.

[master4g 0]

what dou guys think about this.

we file for a fiance visa (K1) for the us right now.. than i go to london in august and have my non-legal/non official marriage and then she comes back to the US with me in august for the 3 months with the visa weiver program, and return in november. all this time, we remain "engaged" . and when my fiance returns to UK in NOV, she stays there until the interview comes and after that passes she comes here and we have a court marriage to make it official.

[TimsDaisy 0]

what dou guys think about this.

we file for a fiance visa (K1) for the us right now.. than i go to london in august and have my non-legal/non official marriage and then she comes back to the US with me in august for the 3 months with the visa weiver program, and return in november. all this time, we remain "engaged" . and when my fiance returns to UK in NOV, she stays there until the interview comes and after that passes she comes here and we have a court marriage to make it official.

Works fine - just bear in mind all the potential pitfalls and the precautions I PMed you about. See all the 45million other threads about fiances visiting the US during the K1 process. You should be fine but BE EDUCATED AND PREPARED. Removal before she even gets in the country is no fun on the heart or the pocketbook.

[MargotDarko 0]

what dou guys think about this.

we file for a fiance visa (K1) for the us right now.. than i go to london in august and have my non-legal/non official marriage and then she comes back to the US with me in august for the 3 months with the visa weiver program, and return in november. all this time, we remain "engaged" . and when my fiance returns to UK in NOV, she stays there until the interview comes and after that passes she comes here and we have a court marriage to make it official.

That would involve being apart for more than two weeks unless you have enough money to live and not work in the UK.

I'm not sure how this non-legal wedding to going to work. In the states, we couldn't have had a minister do the ceremony without the legal bit. What type of ceremony are you imagining? Or are you really just talking about a wedding reception type thing?

[TimsDaisy 0]

As long as no documents are signed and nothing is registered, I don't think you can accidently end up married. I know in the UK, marriages can only be legally performed at registered sites. So do it at a park not on the registry. Don't sign a thing. Have a friend read the vows. Make it look like a wedding, but have it not be a marriage.

In the States, if your minister wouldn't do it without the legal bit, that's different than an inability to do it without the legal bit. To be married in most states - at least in mine - you need to send in a form with witness signatures, etc, attesting that the vows were exchanged and the marital contract is executed. Don't sign or send anything in and you aren't legally married.

[John & Annie 0]

What we did to avoid the pitfalls of USCIS is have a "betrothal" service in Scotland.

Where all of the ceremony occurred and we promised to go to the US and Get married.

It did require allot of intervention and coercion from religious leaders to get Annie's minister to understand this.

Had I to do it all again, I think I would have moved to the UK, got married, and then do the CR-1 (i think that is the right one)

Then move to the US

[Fandango 1,439]

what dou guys think about this.

we file for a fiance visa (K1) for the us right now.. than i go to london in august and have my non-legal/non official marriage and then she comes back to the US with me in august for the 3 months with the visa weiver program, and return in november. all this time, we remain "engaged" . and when my fiance returns to UK in NOV, she stays there until the interview comes and after that passes she comes here and we have a court marriage to make it official.

Ahhh, the best laid plans of mice and men!

[MargotDarko 0]

As long as no documents are signed and nothing is registered, I don't think you can accidently end up married. I know in the UK, marriages can only be legally performed at registered sites. So do it at a park not on the registry. Don't sign a thing. Have a friend read the vows. Make it look like a wedding, but have it not be a marriage.

In the States, if your minister wouldn't do it without the legal bit, that's different than an inability to do it without the legal bit. To be married in most states - at least in mine - you need to send in a form with witness signatures, etc, attesting that the vows were exchanged and the marital contract is executed. Don't sign or send anything in and you aren't legally married.

I think my comment was a bit misleading - I didn't mean that they might accidentally be legally married. I meant that they might have trouble getting someone agree to do a ceremony when there wasn't going to be a legal marriage at that time. Your suggestion of having a friend who isn't legally able to marry two people lead it is a good idea.

Edited April 17, 2007 by MargotDarko

[master4g 0]

Ok, two things;

-getting an non-offical marriage to happen shouldn't be a problem for me. I think I already have the man for that

-secondly, me moving and staying in England while this process goes on is somewhat out of the picture, wouldn't really work for me unless i get married in over a year (and im not waiting that long)

anyways, i would like to take this moment to thanks u guys again. Thanks a lot for making my life simpler

[ChristinaM 0]

I see that nobody has mentioned the possibility that the UKC might be denied entry on the VWP, as she has no job, I assume, that would let her just up and leave for 3 months.

For the benefit of the OP, in order to gain entry on the VWP, your fiancee may be asked for pretty extensive proof that she will return to the UK. Having a K1 visa underway can either hurt or help, because although it shows that you are trying to do things through legal channels, it also shows that she ultimately has immigrant intent. Some things people use to show that they intend to return are evidence of a work commitment, a lease on a flat or homeownership, dependents reliant upon them longer term.... If your other half can just come over to the US for 3 months, she may not have any of these long-term ties to the UK. "I'm visiting my fiance, but I'll leave after 87 days" is probably not going to cut it.

If your plan is to have a "wedding" in the UK and have her over here as a visitor while she waits for the K1 to be processed, you must also consider what will you will do if she is denied entry at the POE.

[MargotDarko 0]

I see that nobody has mentioned the possibility that the UKC might be denied entry on the VWP, as she has no job, I assume, that would let her just up and leave for 3 months.

For the benefit of the OP, in order to gain entry on the VWP, your fiancee may be asked for pretty extensive proof that she will return to the UK. Having a K1 visa underway can either hurt or help, because although it shows that you are trying to do things through legal channels, it also shows that she ultimately has immigrant intent. Some things people use to show that they intend to return are evidence of a work commitment, a lease on a flat or homeownership, dependents reliant upon them longer term.... If your other half can just come over to the US for 3 months, she may not have any of these long-term ties to the UK. "I'm visiting my fiance, but I'll leave after 87 days" is probably not going to cut it.

If your plan is to have a "wedding" in the UK and have her over here as a visitor while she waits for the K1 to be processed, you must also consider what will you will do if she is denied entry at the POE.

I mentioned it, but the OP didn't respond to it. I said - "I am almost positive that she will not be allowed to enter the US after being married on the VWP for 85 days. They would have no reason to believe that she would return. It would definitely look like she intended to immigrate as she does intend to immigrate eventually."

[master4g 0]

we will still be "engaged" when she comes here . its not uncomon that i go there fto meet her, then she comes back to meet me here

I see that nobody has mentioned the possibility that the UKC might be denied entry on the VWP, as she has no job, I assume, that would let her just up and leave for 3 months.

For the benefit of the OP, in order to gain entry on the VWP, your fiancee may be asked for pretty extensive proof that she will return to the UK. Having a K1 visa underway can either hurt or help, because although it shows that you are trying to do things through legal channels, it also shows that she ultimately has immigrant intent. Some things people use to show that they intend to return are evidence of a work commitment, a lease on a flat or homeownership, dependents reliant upon them longer term.... If your other half can just come over to the US for 3 months, she may not have any of these long-term ties to the UK. "I'm visiting my fiance, but I'll leave after 87 days" is probably not going to cut it.

If your plan is to have a "wedding" in the UK and have her over here as a visitor while she waits for the K1 to be processed, you must also consider what will you will do if she is denied entry at the POE.

I mentioned it, but the OP didn't respond to it. I said - "I am almost positive that she will not be allowed to enter the US after being married on the VWP for 85 days. They would have no reason to believe that she would return. It would definitely look like she intended to immigrate as she does intend to immigrate eventually."