K1 & ETSA clarification

[EdWoodward 0]

Hi all

 

I am new to the forum, but I have a question, and I was wondering if anybody could provide some clarification.

I am currently engaged to a fiance living in the United States, and I am in the UK. We are looking at building our future together and have spent time looking into the USA and UK visa routes. 

We are considering the possibility of us getting married in the United States and then later applying for a spousal visa for the UK. 

If I am correct, we would first apply for the K1 visa in the States. If approved, I would fly to the States to get married before returning to the UK due to work commitments. 

We would then begin applying for the UK Spousal visa for my fiance to come to the UK.

Am I correct that whilst waiting for the spousal visa to be approved, I would still be able to return to the States by reapplying for a new ETSA?

 

Many thanks

[Crazy Cat 41,981]

  

6 minutes ago, EdWoodward said:

f I am correct, we would first apply for the K1 visa in the States. If approved, I would fly to the States to get married before returning to the UK due to work commitments. 

You don't need a visa just to marry inside the US.  You can enter the US via VWP/ESTA, marry, then go back to the UK prior to the end of your authorized stay.  You would, however, require a visa to live in the US after marriage. 

Edited August 14, 2023 by Crazy Cat

[Chancy 6,241]

34 minutes ago, EdWoodward said:

If I am correct, we would first apply for the K1 visa in the States. If approved, I would fly to the States to get married before returning to the UK due to work commitments. 

 

Unlike in the UK, no special visa is required to marry in the US, then leave soon after.  The issue is if you intend to stay and live in the US after getting married.  From the website of the US embassy in the UK -- 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.

 

Based on what you said above, ESTA would be enough for your purposes.  Just make sure you bring evidence of your strong ties to the UK when you travel.  K1 would be a waste if you intend to leave soon after getting married.  CR1/IR1 would be appropriate if you intend to move to the US after completing your work commitments in the UK.

 

[EdWoodward 0]

All,

Thank you all for the speedy replies. 

I had read about the possibility of marrying under the ETSA, but aside from the challenges faced at the border, though, I have ample evidence of my ties to the UK; my biggest concern is that if there was a change in circumstances, we were to change our plans and look at moving to the States sooner, having getting married on ETSA could present some problems when applying for the relevant Visa.

Longer term, the CR1/IR1 visas certainly sound worth consideration.

Thanks again for all the help.

[Chancy 6,241]

10 hours ago, EdWoodward said:

my biggest concern is that if there was a change in circumstances, we were to change our plans and look at moving to the States sooner, having getting married on ETSA could present some problems when applying for the relevant Visa.

 

No problem marrying on ESTA, leaving on time, then pursuing CR1/IR1 spouse visa later on.  Even if your spouse-to-be files the I-130 petition for you 1 day, 1 week, or 1 month after your return to the UK, your US marriage will not be an issue for your future visa application.  The key point is to stick to the terms of your ESTA, by not working while in the US and by making sure to leave before 90 days on every ESTA visit.

 

[SalishSea 17,928]

18 hours ago, EdWoodward said:

All,

Thank you all for the speedy replies. 

I had read about the possibility of marrying under the ETSA, but aside from the challenges faced at the border, though, I have ample evidence of my ties to the UK; my biggest concern is that if there was a change in circumstances, we were to change our plans and look at moving to the States sooner, having getting married on ETSA could present some problems when applying for the relevant Visa.

Longer term, the CR1/IR1 visas certainly sound worth consideration.

Thanks again for all the help.

If you plan to live in the US, you can’t plan for a “change in circumstances” to adjust on a visit.   That’s fraud.   You need to be petitioned for an immigrant visa.   

[yuna628 9,680]

You can certainly marry while visiting on the WVP (the ESTA is just what gets you on the plane), provided, and that's a big BUT, you can satisfy the officers at the POE. You must return home after you marry and then you would file for a spousal visa. It's going to be another long wait for that.

 

You can also go through the lengthy process of applying for a K1, arrive, marry, and go home. But the point of a K1 isn't exactly to do that. A K1 grants you the ability to marry in the US and to remain there by applying to adjust status (your first green card). The tradeoff is that you cannot work until authorized, so unless the couple is prepared for that with plenty of funds, it may not be ideal for some. For others, at least it is a way for the couple to never be apart again. As someone that went through the K1 process, I would encourage this path if you intend to stay in the US and you have an adequate plan for funds, insurance, and a long downtime before working.

 

The OP's initial post mentioned applying for a UK spousal visa so that the US citizen can live in the UK? So I'm confused, where does the OP want to live?