✎ EN UK/French citizen has US partner

alabama · May 27, 2005

OK, so my boyfriend went back to the lawyer and she told him the EEC1 route wouldn't work for us - she hadn't done her research properly, which is great because we trusted her until it was too late.
Now we're contemplating marriage - I guess he has to go back to the US with a big folder justifying our relationship and apply for a fiancee visa. How long does this take? And when he's back in the UK, how long before we can get married? And convert either to an EEC1 visa or do it under UK immigration law? Lots of questions, I know, but we're not exactly rich and we've wasted a lot of money with trips to France for EEC1 visa...

EasyExpat · May 27, 2005

I think you wanted to answer there: http://www.easyexpat.com/forums/ntopic_5306.htm

Once he comes back with the right visa, the process could be quick has they only request you to be resident in England for 7 days.

Anyone subject to Immigration Control wishing to marry in U.K. must follow the new procedures.
They must either

* Hold entry clearance as a fiancé or marriage visitor
* Hold a Home Office Certificate of Approval
* Be a person with settled status in UK (e.g. indefinite leave to remain)

To give notice for a marriage for people subject to the new controls
the couple, in addition to the usual requirements for evidence of identity and marital status, and at least a 7 day residence in England or Wales

* Must attend a designated Register Office (Wandsworth is a Designated Office)
* Must attend together
* Must provide evidence of their eligibility (certificate of approval, passport visa etc)

Further information is available from the Home Office Information Line on 0870 606 7766
www.ind.homeoffice.gov.uk
Immigration and Nationality Directorate
Lunar House
40 Wellesley Road
CROYDON
CR9 2BY
Click to expand...

This information was found here: http://www.wandsworth.gov.uk/

Coyan · May 27, 2005

alabama said:

OK, so my boyfriend went back to the lawyer and she told him the EEC1 route wouldn't work for us - she hadn't done her research properly, which is great because we trusted her until it was too late.
Now we're contemplating marriage - I guess he has to go back to the US with a big folder justifying our relationship and apply for a fiancee visa. How long does this take? And when he's back in the UK, how long before we can get married? And convert either to an EEC1 visa or do it under UK immigration law? Lots of questions, I know, but we're not exactly rich and we've wasted a lot of money with trips to France for EEC1 visa...
Click to expand...

Majority of the Immigration Advisory Service Consultants are more into Asylum issues and deal with refugee cases. In most cases they are not well resourced because of the economic situation of their clients and the minimum resources they get from government and other charities. Good immigraton Lawyers are more likely to be found in the firms and some of them have reasonable fees for all types of clients.

I suggest you invest in a good Immigration Lawyer. It will save you lots of time and money. I'm not saying the Immigration Advice Centres aren't good but the government had a special clientele in mind when they established those Centres. Those clients are mainly refugees and asylum seekers in a different league from your situation.

alabama · May 28, 2005

Yep - I guess we should have done our own independent research and not relied so much on the advice we were given. We're now planning to save up and hire an immigration lawyer - I think it's the most reasonable course of action even though it'll take a while.
We're also thinking of asking this lawyer, once we've hired one, about the Skilled Migrant Scheme, since I am loath to get married simply in order to satisfy a government. Does anyone have any advice on this? My partner has a double degree in Politics and Economics and I'm studing for a PhD, if that's any help.
Thanks for all your input - I find this site really supportive and helpful

alabama · Jun 4, 2005

I've been looking into Immigration Lawyers on the web, and it's all so vague. Can anyone recommend a particular company? Also, what price-range should I expect?

alabama · Jun 8, 2005

Update!!
I've been in touch with a lawyer, asking tentative questions. He says to marry in the US, I don't need a special visa, as I'm a British citizen. Then I could bring him back either on the UK marriage visa or the EEC1 visa as a French citizen. However I've been looking this up on the web and I've read the following:

The Immigration and Nationality Act provides nonimmigrant visa classification (K-1) for aliens proceeding to the U.S. to marry American citizens. The marriage must be concluded within 90 days of their admission into the U.S. Following the marriage, the alien spouse must apply to the Department of Homeland Security/U.S. Citizenship and Immigration Services (USCIS) to establish a record of entry for Conditional Permanent Residence (CR) status. After two years, the alien may apply to the USCIS for removal of the conditional status and change to Lawful Permanent Resident (LPR) status.

FIRST: To establish K-1 visa classification for an intended alien spouse, an American citizen must file a petition, Form I-129F, with the Department of Homeland Security/U.S. Citizenship and Immigration Services (USCIS) office having jurisdiction over the place of the petitioner's residence in the U.S. Note: Such petitions may not be adjudicated abroad. An approved fiancé(e) petition is valid for a period of four months from the date of USCIS action, and may be revalidated by the consular officer upon receipt of a written statement from the petitioner confirming that both petitioner and beneficiary are still legally able and willing to conclude a valid marriage in the U.S. Children under the age of 21 derive K-2 nonimmigrant status from the parent so long as the children are named in the petition.

SECOND: The USCIS office will forward the approved I-129F fiancé(e) visa petition to the National Visa Center (NVC) in Portsmouth, N.H. That office will conduct certain preprocessing procedures and then forward the file to the Embassy. Upon receipt of the file, the Nonimmigrant Visa Unit at this Embassy will send a Packet of Instructions (forms DS-230-I Part I, two forms DS-156, form DS-156K, and a document checklist) to the applicant.

THIRD: Once all of the relevant documents required in support of the application have been gathered, the applicant must come personally to apply for a visa on Tuesdays between 8:00 AM and 10:00 AM.

FOURTH: If the consular officer finds the applicant eligible for a visa, the visa will be issued on the day of the interview. The visa is valid for one entry within six months. After arriving in the United States, the fiancé(e) is eligible to apply for a work permit. The marriage must be concluded within 90 days from the applicant's admission into the U.S. After the marriage the alien spouse has to apply for adjustment of status with the local USCIS office in the U.S. to change the status from non-immigrant to immigrant.
Click to expand...

Now I'm even more confused. Does the K1/K2 visa only apply if I want to settle in the US? Obviously I don't want to. Also the lawyer says success or failure depends on my income - I'm a student and it'll be stretching me to pay for his services. I heard that if we have parental sponsorship that's OK - but yet again, I'm confused...

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