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ETintheUS

New to ALL of this!

By ETintheUS in IR-1 / CR-1 Spouse Visa Process & Procedures

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ETintheUS Apprentice

ETintheUS   2

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Hello, I am new to all of this and VERY confused! 

 

I have a stupid question to start with. 

 

I am a US citizen, my partner is a UK citizen. We have been working with a lawyer, but I wanted to ask here as well.

 

We have been told we need to marry in a 3rd country. But we are VERY unclear about the process of actually getting married. 

 

1. Where should we get married?

2. What do we need to do once + where we get married?

 

Thank you. I pray for help and support. 

 

Eugenia 

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Just Paul
Just Paul

People get married every day on an ESTA.   Then the beneficiary goes home and awaits processing.   They can still visit on ESTA.

Daphne .
Daphne .

The fiancee visa would allow somebody to travel to the US, marry and adjust status afterwards. An Esta allows somebody to travel to the US (and marry if they want) but one has to leave the US aga

Boiler
Boiler

Las Vegas would be out of business, have you not heard of destination weddings?

C90 Rising Star

C90   376

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Filed: AOS (apr) Country: Netherlands
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6 minutes ago, ETintheUS said:

Hello, I am new to all of this and VERY confused! 

 

I have a stupid question to start with. 

 

I am a US citizen, my partner is a UK citizen. We have been working with a lawyer, but I wanted to ask here as well.

 

We have been told we need to marry in a 3rd country. But we are VERY unclear about the process of actually getting married. 

 

1. Where should we get married?

2. What do we need to do once + where we get married?

 

Thank you. I pray for help and support. 

 

Eugenia 

You can get married anywhere. Wouldn't know why you couldn't get married in the UK or the US. 

 

After getting married you have to file for CR1, guide https://www.visajourney.com/cr1-ir1-spousal-visa/.

 

Please make sure you are very familiar with this process before you get married and file. RFE's / denials are easily avoidable as long as you know the process. Don't just go with what a lawyer says, make sure to cover your own butt in this process.

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Canerican Rising Star

Canerican   242

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Also, unless you have a complicated case you do not need a lawyer. If you marry in the USA, your fiancé(e)would come to the USA, you would get married and then your spouse would leave and you would apply for the CR-1. I would not suggest that your fiancé(e) lie to immigration upon entry. Fiancé(e) should bring proof of ties to their country to prove that they will go back after getting married. 

 

 

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SalishSea Grand Master

SalishSea   16,770

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Filed: Lift. Cond. (apr) Country: New Zealand
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Please fill out your timeline so that we can better assist you.  Which visa do you intend to apply for, fiancee (K-1) or spousal (CR-1)?

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SalishSea Grand Master

SalishSea   16,770

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Filed: Lift. Cond. (apr) Country: New Zealand
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2 minutes ago, ETintheUS said:

We are not applying for fiancee, we would apply for Spouse Visa from abroad. I haven't filled out timeline, as we have yet to get married. 

So do you live with your partner in the UK?

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SalishSea Grand Master

SalishSea   16,770

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Filed: Lift. Cond. (apr) Country: New Zealand
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Just now, ETintheUS said:

No. I live in the US and he in the UK. We have been visiting via ESTA. We're told NOT to get married whilst visiting on ESTA. 

Marrying whilst visiting on an ESTA is legal, as long as the alien partner returns home and does not try to adjust status.  You would then file for a CR-1 visa, which is currently taking about one year.  Your spouse would have the green card straight away and be able to work.

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SalishSea Grand Master

SalishSea   16,770

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Filed: Lift. Cond. (apr) Country: New Zealand
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1 minute ago, ETintheUS said:

I'm so confused. We've seen 2 different lawyers for 2 different opinions and both encouraged a 3rd country marriage. 

Most people do not need a lawyer for this process.  VJ is full of folks who have been through it and have years of experience with US immigration.

 

As I said, it is perfectly legal for a person with an ESTA to enter the US with the intent of marrying, as long as the plan is solidly to return home after.  The problems occur when suddenly the plan changes into adjusting status instead.  That is immigration fraud.

 

 

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SalishSea Grand Master

SalishSea   16,770

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Filed: Lift. Cond. (apr) Country: New Zealand
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23 minutes ago, ETintheUS said:

We were told 3rd country, to avoid getting married on traveller visa, which is a conflict to get married on a ESTA.

I'm not sure what this means.

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HRQX Veteran

HRQX   4,145

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26 minutes ago, ETintheUS said:

No. I live in the US and he in the UK. We have been visiting via ESTA. We're told NOT to get married whilst visiting on ESTA. 

Marrying on ESTA is 100% legal:

As long as he leaves before the 90 days on ESTA are up.

Other options include:

57 minutes ago, C90 said:

Wouldn't know why you couldn't get married in the UK or the US.

For UK marriage, the US citizen needs a UK visa to marry: https://www.gov.uk/marriage-visa

Edited by HRQX
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Just Paul Veteran

Just Paul   4,591

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Filed: Citizen (apr) Country: Philippines
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15 minutes ago, ETintheUS said:

We're told NOT to get married whilst visiting on ESTA.

People get married every day on an ESTA.   Then the beneficiary goes home and awaits processing.   They can still visit on ESTA.

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

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October 7, 2018 In the USA

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