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✎ EN British Citizen marrying US Citizen in UK

Discussion in 'Immigration UK' started by urbangirluk, Sep 19, 2012.

  1. urbangirluk

    urbangirluk New Member

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    This may be a bit of a long winded question as I'm not quite sure how best to word it.

    Basically, I am engaged to an American Citizen, our original plan was to apply for a fiance visa and marry in the US, and then come back here to have our marriage blessed in my local church. However, on looking further into this, it would probably mean a wait of a year or more while the AOS came through after we are married, I'm not particularly happy with this as I would love for my family to share my happy day with me and doing it a year down the line just isn't the same. So, our next plan was to marry in the UK and then apply for a Spousal Visa, which means we will be separated for the time it takes the visa to come through, but also means that I get my wish and my family are able to attend my wedding (finances won't allow them all to come to the US / my dad won't fly anyway). Does anyone know how we would go about doing this, i.e. do we need to get some sort of special visa for my Fiance to come here and get married, or can he just come here on a regular visitors visa, owing to the fact he will have to go back to the US to file the visa application.
     
  2. texkourgan

    texkourgan Addicted member
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    Congrats on your upcoming nuptials! :D

    There are many posts and threads in the forum (such as http://www.easyexpat.com/forums/post72588.html#p72588) concerning this question. It is a common struggle to figure out what exactly you need.

    The Guide to London includes information on visas. There is also a FAQ section that addresses Fiance Visa in the UK. We also recently posted an article on obtaining a visa to live, study, work in the UK. And of course the UK And of course, the official resource of the Border Agency is helpful: http://www.ukba.homeoffice.gov.uk/

    Some great resources to work through! But in specific answer to your questions:

    UK Fiance Visa Requirements:
    The sponsor and the applicant must intend to get married within a six month period.
    They must have met each other.
    They must intend to live together permanently.
    The applicant must be able to support him / herself, or be supported by their partner, without access to public funds.
    There must be adequate accommodation in place.
    There is no requirement that the applicant and the sponsor have lived together before applying.

    Successful applicants receive a 6 month visa in which to come to the UK and get married. They are not allowed to work while on this visa. Once married, the recipients must apply for a marriage visa.

    Hopefully this info helps you get started. The guides & FAQ will help you work out every step. Let us know how your application proceeds.
     
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  3. urbangirluk

    urbangirluk New Member

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    Thanks for your reply, I maybe didn't completely explain myself correctly.

    The intention is that I will go and live in the US, but ideally I would like to get married here.

    I have since done more research and we would have to obtain a visa for my fiance to enter the UK to marry and also permission from the Diocese for us to marry in my local church.

    Once we are married then my husband will return to the US and apply for spouse visa to get me over there, this then begs the question, are we able to visit each other during the application process, I'm reading lots of conflicting information
     
  4. texkourgan

    texkourgan Addicted member
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    So your question is:
    After marrying in the UK, can you stay/visit your husband in the USA as you apply for your visa?

    I would start with the Obtaining a Visa to Live, Study and Work in: the United States of America. It addresses the issue of applying for a green card as an immediate relative of a U.S. citizen (spouses, unmarried children under age 21, and parents of U.S. citizen petitioners 21 or older): http://www.uscis.gov/portal/site/uscis/ ... 2ca60aRCRD

    There is even a really helpful how to: http://www.uscis.gov/USCIS/Resources/A1en.pdf

    Now - none of this seems to directly answer your question. If I understand correctly, you should be able to apply for inside or outside the USA. In addition, you should be able to visit as a citizen of a member country of the Visa Waiver Program. The VWP allows visitors to travel to the United States for leisure and business-related activities of up to 90 days without obtaining a visa. Your passport must be valid for at least six months after your planned departure date from the United States.

    Hopefully that helps shed some light on what your options are. Does anyone have more definite information or personal experience?
     
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