New to ALL of this!

[Daphne . 1,638]

1 minute ago, ETintheUS said:

So I could marry him in the UK on the ESTA?

The Esta is for travellers from (approved countries) to travel to the US (so not the other way around). I am not sure if US citizens will need a visa to travel to the UK but I thought I did see somebody post that earlier in this thread. 

[HRQX 4,145]

4 minutes ago, ETintheUS said:

So I could marry him in the UK on the ESTA?

In the US, yes. Not in the UK; you must have a valid status to marry in the UK.

[SalishSea 16,746]

4 minutes ago, ETintheUS said:

So I could marry him in the UK on the ESTA?

ESTA is for travelers from VWP countries to come to the US.

[Just Paul 4,591]

5 minutes ago, ETintheUS said:

So I could marry him in the UK on the ESTA?

You can marry anywhere (subject to the rules of that country)  Have fun with it!   We met in the Philippines, married in Hong Kong and immigrated from Mexico.

[JunkTardis 183]

6 minutes ago, ETintheUS said:

So I could marry him in the UK on the ESTA?

You can marry him in the UK. Then you should file i-130f (CR1 Spousal Visa) to bring him to the USA (Assuming you both want to live in the US).

 

This process takes slightly longer than the K1, but is less work when he is moved to the US. If I could do our process over again, I'd do it this way for sure 

[HRQX 4,145]

9 minutes ago, JunkTardis said:

You can marry him in the UK.

Need a marriage visitor visa for marriage in the UK:

On 4/21/2019 at 2:12 PM, yuna628 said:

The UK marriage rules are extremely clear. It doesn't matter when the USC entered the UK, and doesn't intend to overstay. If the intent is to marry, even if it is a spontaneous intent - the individual is not legally allowed to marry under Home Office rules. They must return home and obtain the visa.

You require PROOF of immigration status, as it says for example your visa. A MARRIAGE VISITOR VISA is required proof to marry in the UK, if the person is NOT from within the EU, the EEA, etc. The US and other countries are NON-EEA entities and different rules apply. Tourist visas are not accepted visas as proof of being able to marry in the UK. The US uses a type of VWP system with the UK, which in the UK is not a visa at all but rather entry clearance - mere entry clearance with no visa at all is also NOT accepted. Go up to any control agent at the UK border, and tell them your intent to marry and don't provide them with the proper visa, and they will show you how fast they can deport you. You cannot get around the Home Office rules regarding the UKC sponsor having enough financial funds, and that the USC will not have access to public funds, to provide for the marriage, showing them where you will marry etc. Attempting to do so would be fraud.

 

Even the State Department, at the Embassy in London, clearly states the same Home Office rules and refers the individual to the link to the Home Office I already posted before. A USC MUST obtain a marriage visitor visa. Then they must give 28 days notice to the register and provide proof of that visa to them. Officials who attempt to marry individuals without such documents, and fail to report attempted visa fraud can be punished, and the USC individual would be subject to deportation. There are even examples of officials who have reported such attempts. It used to be wrongly thought you could just walk on over to Scotland to bypass the rules. Not so either. Once the marriage has been reported or attempted to be registered without having the proper documentation, the Home Office launches an investigation, as per the 2015 changes. The investigation is to look for examples of 'sham marriage' or attempted 'sham marriage' but also if the couple has proper documents. This would result in immediate findings of deportation. You can search numerous reported examples of this.

 

The declaration form, you site from the Scotland site is also very clear. https://www.nrscotland.gov.uk/files//registration/declaration-of-immigration-status-form.pdf

 

Option A) Is for those who have settled status, an appropriate right to abode clearance or status, or those who are exempt such as EU nationals.

Option B) is for those who have the proper and required by law marriage visitor visa.

and finally

Option C) is for those who have no status that clears them to marry in the UK. Admit this, and it is pretty much a fail unless of course you can prove you have an option B that is pending (quite a very specific case indeed).

 

Again you must apply for a marriage visitor visa per Home Office. https://www.gov.uk/marriage-visa This visa gives you the ability to stay for 6 months, which covers the 28 day period in which you cannot marry while you give register notice, or if the Home Office extends an investigative period of clearance for a further 70 days. If they have provided the proper immigration status, they must return home before the 6 months are up and then try to apply to join the spouse and settle their status if they so wish to. These changes to the law, which have been in place longer (than the 2015 declaration rules which require registers to have a duty to report) were put in place because persons attempted to get around the system because of the higher financial rules, those who were attempting to overstay, and the overall crackdown of immigration from people outside the EEA and EU. I'm not even going to begin to get into the risky legal complexities of the Irish S-S route some take to marry and stay.

 

Edited June 30, 2019 by HRQX

[Canerican 242]

Also concerning the lawyer subject. I immigrated on a K-1, adjusted status to permanent resident, removed my conditions on my green card, and applied for us citizenship. Never once did I need a lawyer. Did it all on my own with the help of my now wife and this wonderful VJ community. Was it stressful? Yes, but I did it and any time I had a question I came to VJ to ask. 

[NikLR 13,220]

~~moved to IR1/CR1 process and procedures from K3 process and procedures.~~

 

okay...  Get married then follow the guides.  It doesn't matter where you get married.  We've thoroughly beaten the dead horse on the subject that you can marry in the USA or elsewhere. 

[ETintheUS 2]

29 minutes ago, CDN(ON)-USA(VT) said:

Also concerning the lawyer subject. I immigrated on a K-1, adjusted status to permanent resident, removed my conditions on my green card, and applied for us citizenship. Never once did I need a lawyer. Did it all on my own with the help of my now wife and this wonderful VJ community. Was it stressful? Yes, but I did it and any time I had a question I came to VJ to ask. 

AWESOME!

[USS_Voyager 1,971]

Dump the lawyers now. You don’t need them. Most people on this site have done immigration themselves. Most of US immigration process is actually pretty straightforward. You just have to do your due diligence and research. The guides on this website is a great way to start. Then if you have specific questions anywhere in the process, post them

[little immigrant 800]

2 hours ago, ETintheUS said:

Really? Are you a UK citizen? What was this process like? Did you get married and then return home and then file for visa? What did you say when entering US knowing you came to get married?

I'm an American citizen. I used to be a German citizen. 

 

Yes I went to Florida, got married and returned home. My then husband filed the spousal visa for me. 

 

I told them I was visiting friends. Not the most forthcoming but I wasn't exactly lying either. Today I would maybe handle this differently and be more upfront. 

[yuna628 9,527]

5 hours 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 

Hi OP,

 

A US/UK couple has four options.

 

1) Obtain a fiancé visitor type visa to the UK - and marry in the UK. You may not marry in the UK unless you obtain this type of visa and follow all of the requirements. US Citizen returns home and then files for spousal visa.

2)A UK citizen is still an EU citizen. Follow the marriage process for any EU country (third party country) of choice. Ensure any specific visa or entry requirements are followed. US citizen returns home and files for spousal visa process.

3) The UK citizen may visit the US citizen and marry in the US. You must absolutely provide proof that the UK citizen will be returning home. Strong ties to home in the UK will be required. No guarantee that the officer will be satisfied, but still many couples successfully do this every year. Never lie to an officer. It is not illegal to marry in the US, marriage is in the domain of the State. The UK citizen must return home, and the spousal visa may then be filed for.

4)If the couple still wants to marry in the US, but isn't sure/or has been rejected by an officer - a K1 fiancé visa can be filed for. Once approved, the couple may marry in the US. The UK citizen may then remain in the US with the US spouse and file for adjustment of status. This process certainly takes longer and has it's own pros and cons vs a spousal visa process.

 

Choose what is right for you. Unless that lawyer knows of some reason why you as a couple cannot pass the fiancé visa rules in the UK, or any of the following I have mentioned above, ditch 'em.

Edited June 30, 2019 by yuna628

[Boiler 43,396]

On my entries into the US using the VWP I was never asked if I was going to get married or asked for any proof of anything, this seems normal. There are of course exceptions but they seem very rare and are often triggered by another factor, like multiple/long visits.

[*Snowdrop* 603]

Start by considering these three things:

 

1. Do either of you have strong preferences about where you get married? For example I am the UK spouse and only wanted to get married in the UK. 

 

2. After the marriage are you okay with living in separate countries while the spousal visa is being process - this can take 12+ months. 

 

3. If you want to get married and immediately start living together as a married couple then you will need the K1 fiancee visa - with this option bear in mind that the immigrating spouse will not be able to work legally or leave and travel back to the US for many months while they wait for temporary permissions on the way to the green card proper. This can be anywhere from 3 months to 6 months or even more. 

 

 

[ETintheUS 2]

2 hours ago, yuna628 said:

Hi OP,

 

A US/UK couple has four options.

 

1) Obtain a fiancé visitor type visa to the UK - and marry in the UK. You may not marry in the UK unless you obtain this type of visa and follow all of the requirements. US Citizen returns home and then files for spousal visa.

2)A UK citizen is still an EU citizen. Follow the marriage process for any EU country (third party country) of choice. Ensure any specific visa or entry requirements are followed. US citizen returns home and files for spousal visa process.

3) The UK citizen may visit the US citizen and marry in the US. You must absolutely provide proof that the UK citizen will be returning home. Strong ties to home in the UK will be required. No guarantee that the officer will be satisfied, but still many couples successfully do this every year. Never lie to an officer. It is not illegal to marry in the US, marriage is in the domain of the State. The UK citizen must return home, and the spousal visa may then be filed for.

4)If the couple still wants to marry in the US, but isn't sure/or has been rejected by an officer - a K1 fiancé visa can be filed for. Once approved, the couple may marry in the US. The UK citizen may then remain in the US with the US spouse and file for adjustment of status. This process certainly takes longer and has it's own pros and cons vs a spousal visa process.

 

Choose what is right for you. Unless that lawyer knows of some reason why you as a couple cannot pass the fiancé visa rules in the UK, or any of the following I have mentioned above, ditch 'em.

So helpful! I didn't even consider the EU element!  Thank you so much for your help!

2 hours ago, Boiler said:

On my entries into the US using the VWP I was never asked if I was going to get married or asked for any proof of anything, this seems normal. There are of course exceptions but they seem very rare and are often triggered by another factor, like multiple/long visits.

Sure, we have had no issues up to this point. All this information is SUPER helpful!