US -> UK Looking for a bit of advice on our plans

[Deceitful_Fox 0]

Hello! I've been lurking around this forum for a few years now, as me and my American girlfriend were developing our relationship and things became serious between us. Well, I finally proposed this Christmas, and we are now engaged! I should begin by saying that neither of us took this decision lightly, and we are well aware that we've just signed ourselves up for a massive headache, especially considering the current travel climate. That said, I've spent some time looking into our options and I think we've come up with a plan for how we're going to make this happen. 

 

Looking at the visa requirements for both UK -> US and US -> UK, it's apparent to me that it's easier to get married in the UK, so that's what we plan to do. We think that the fiancé visa is probably best for us, as we want to stay together once we're married, rather than have her leave the country after six months on the marriage visitor visa. I am currently a university student, set to graduate this year in July. I am aware that I will have to provide evidence of earnings above £18,600 for six months in order to sponsor her visa application. This leads me to believe that I will have to work for six months after graduation before we can apply for the fiancé visa. Am I correct on this assumption? Are there any shortcuts to begin the application process sooner even though I won't qualify for the earnings until December this year? Do they require proof of earnings right away?

 

To further complicate matters, I have been offered an internship at the company that her father works for in the US immediately after I graduate. It is a remote position so it doesn't matter that I can't travel there. If I accepted, I would be employed by a foreign company. My question is, would earnings from this position qualify for the visa application? They would be over the £18,600 threshold, but I am unsure if the UK government would deem it acceptable proof of income.

 

Finally, our ultimate goal is to live together in the US. This would entail applying for a CR-1 marriage visa from overseas, since we would be in the UK. I know this can be done, but I also know that it's difficult. I'm not so concerned about how long this step takes as we would be together at this point, so delays or frustrations wouldn't bother us so much. 

 

If anyone has experience with any part of this process, feel free to give us advice on what you think of our plan. If you have any suggestions or think we should take a different path, please let me know. I have a feeling I'll probably become quite familiar with this forum over the next few years, so I'd like to get to know some of the regulars and hear your perspectives.  Nice to meet you all

[Boiler 45,672]

It is easier to get married in the US no visa required.

 

First things first a job offer is one thing a work visa something else, what visa have you been offered to work in the US?

 

CR1 historically has been a year or so, but most likely will be an IR1 as current timelines seem be more in the 2 years category.

[HRQX 4,145]

1 hour ago, Deceitful_Fox said:

Looking at the visa requirements for both UK -> US and US -> UK, it's apparent to me that it's easier to get married in the UK

Actually, the most straightforward places (i.e. the least bureaucracy) to get married in the world are Las Vegas, NV and Reno, NV.

You can get married in the US during an ESTA trip: https://uk.usembassy.gov/visas/immigrant-visa-faqs/

We are traveling to the United States to marry and will return to the United Kingdom after marriage. Do I still need a fiancé(e) visa?

If you will return to your permanent residence you may apply for a tourist B-2 visa, or if eligible, travel visa free under the Visa Waiver Program.  At the time you apply for the visa and/or travel to the United States you will be required to show that you have a residence outside the United States that you do not intend to abandon. There is no set form that this evidence takes as it varies with each person’s circumstances.

She can also file I-130 petition (after you marry) to start consular processing during your visit: "The beneficiary will not apply for adjustment of status in the United States, but he or she will apply for an immigrant visa abroad at the U.S. Embassy or U.S. Consulate in"

 

For both paper and online filing options, she would leave the following fields completely blank

 

You can visit with ESTA but you cannot travel directly to the US. You would have to go to an unrestricted country or area (e.g. Mexico, Serbia, Croatia, Turkey, Hong Kong, Macau, South Korea, etc.) for 14 days and then travel to the US. And before departing the unrestricted country you would need "proof of a negative COVID-19 test or documentation of having recovered from COVID-19." https://www.cdc.gov/quarantine/fr-proof-negative-test.html

Edited February 7, 2021 by HRQX

[Deceitful_Fox 0]

On 2/6/2021 at 11:15 PM, Boiler said:

It is easier to get married in the US no visa required.

 

First things first a job offer is one thing a work visa something else, what visa have you been offered to work in the US?

 

CR1 historically has been a year or so, but most likely will be an IR1 as current timelines seem be more in the 2 years category.

I'm sorry, I didn't clarify. The offer I have is for a remote position, so I wouldn't actually be travelling to America. No visa required. My concern was whether or not income from an overseas job would be considered sufficient for the UK government's sponsorship requirement for a fiancé visa. As you probably know, you have to earn over £18,600 before you can apply; this job would pass that threshold, I just don't know what kind of evidence you have to provide to prove that you are earning enough. Thank you for the information regarding CR1/IR1 though; I know visa applications are glacially slow in the US right now, yet another reason I thought it would be best for her to come here first rather than the other way around. 

[Boiler 45,672]

My father worked for Fords all his life, but working for a foreign company is not an issue, presumably you have a contract/agreement and payments to confirm your income.

[Deceitful_Fox 0]

On 2/7/2021 at 12:05 AM, HRQX said:

Actually, the most straightforward places (i.e. the least bureaucracy) to get married in the world are Las Vegas, NV and Reno, NV.

You can get married in the US during an ESTA trip: https://uk.usembassy.gov/visas/immigrant-visa-faqs/

We are traveling to the United States to marry and will return to the United Kingdom after marriage. Do I still need a fiancé(e) visa?

If you will return to your permanent residence you may apply for a tourist B-2 visa, or if eligible, travel visa free under the Visa Waiver Program.  At the time you apply for the visa and/or travel to the United States you will be required to show that you have a residence outside the United States that you do not intend to abandon. There is no set form that this evidence takes as it varies with each person’s circumstances.

She can also file I-130 petition (after you marry) to start consular processing during your visit: "The beneficiary will not apply for adjustment of status in the United States, but he or she will apply for an immigrant visa abroad at the U.S. Embassy or U.S. Consulate in"

 

For both paper and online filing options, she would leave the following fields completely blank

 

You can visit with ESTA but you cannot travel directly to the US. You would have to go to an unrestricted country or area (e.g. Mexico, Serbia, Croatia, Turkey, Hong Kong, Macau, South Korea, etc.) for 14 days and then travel to the US. And before departing the unrestricted country you would need "proof of a negative COVID-19 test or documentation of having recovered from COVID-19." https://www.cdc.gov/quarantine/fr-proof-negative-test.html

This is a lot of useful information, thank you for taking the time to provide it! I didn't know you could get married on an ESTA trip. In fact, every time I have travelled to America with my fiancé (then girlfriend), the immigration officer made a point to ask 'You're not planning on getting married, are you?'. I don't know if they're just trying to discourage people from going that route maybe? What in particular makes Las Vegas or Reno unique in terms of marriage compared to the rest of the United States? 

 

I definitely like the idea of starting the US immigration process in person while we are there; that would help a lot. Something I don't quite understand however is what kind of visa she will need to return to the UK with me. As far as I understand she would still need a visa to live and work in the UK, even if we are married. 

[Boiler 45,672]

https://www.citizensadvice.org.uk/immigration/getting-a-visa-for-your-partner-to-live-in-the-uk/

[HRQX 4,145]

23 minutes ago, Deceitful_Fox said:

What in particular makes Las Vegas or Reno unique in terms of marriage compared to the rest of the United States?

From applying for the marriage license to getting married it's very fast when compared to the rest of the US: "I just married a nice couple from LA county this past Wednesday. She was from LA, and her now husband was a very nice gentleman from Australia who arrived on a K1 a few weeks ago. They flew in at 10am, met me at the license bureau around 10:30, we had a nice ceremony at a nearby park, and back to the bureau to record the wedding and get their certificates. We were all done by 11:30."

 

Also, the marriage bureaus in those 2 counties are open every single day of the year:

https://www.clarkcountynv.gov/government/elected_officials/county_clerk/location_and_hours.php "7 days per week, 8am-midnight (open all holidays)"

https://www.washoecounty.us/clerks/mlb/hours.php "8:00am - Midnight 365 days a year (including holidays)"

 

Looks like in Vegas you can still do walk-in the office. While in Reno you have to do an appointment, but there are many slots available since they are open 16 hours each day.

Edited February 10, 2021 by HRQX

[Deceitful_Fox 0]

2 hours ago, Boiler said:

https://www.citizensadvice.org.uk/immigration/getting-a-visa-for-your-partner-to-live-in-the-uk/

Thanks for the information. One of the things I noticed, though: 

If I understand this right, it means she wouldn't be able to apply from inside the UK, as she would have entered without a visa, just as a visitor. Is that right?

Edited February 10, 2021 by Deceitful_Fox

[Boiler 45,672]

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