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UK citizen marrying US citizen in USA - but not going to live initially in USA

UK citizen marrying US citizen in USA - but not going to live initially in USA

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Old Mar 22nd 2005, 2:22 am
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Default Re: UK citizen marrying US citizen in USA - but not going to live initially in USA

Originally Posted by HunterGreen
Hi,

I don't see your problem/question.

You want to live in the UK and get married in the US? There's not a problem with that.


What is a destination wedding and what would be the problem with it? Why would going on a honeymoon in another country affect anything? What would it affect?


I guess my problem is that originally we were going to live in the USA. My fiancee was trying to get into a archaeology phD program in the US but that didn't work out. Now he is trying to get into a archaeology program in Belfast and so we are planning to get married and then live in the UK. What I am trying to figure out is what we would need (as far as visas, forms, etc. in order to get married in another country or honeymoon in another country) as far as the requirements for immigrating to the UK.

While applying in the US, I found out that he would need an additional visa to go on a honeymoon outside the US or else my fiancee would not be allowed back in the US. It seemed silly, but I wasn't sure if there was something like that also in the UK...keeping me from travelling to another country. I hope that makes sense...?


I don't know where you got that from. It isn't illegal for anybody living in the US to travel abroad, bar certain destinations i.e. Cuba.


I guess illegal was the wrong term..."not permitted without a visa" would be better. I know we are both allowed to travel abroad, but because of immigration, they limit you on some things.


The answers given to the OP apply to your situation. There is nothing illegal about getting married in the US after entering on the VWP as long as you don't overstay your VWP-welcome of 90 days.

What exactly is the visa waiver thing? Where do you learn more about that?

Plan your wedding and find out the proper procedures of immigrating to the UK. And have fun.

Elaine
I have done a lot of digging already, but I can't seem to find much on the actual wedding or travelling requirements/limitations if there are any. Things may be easier in the UK.

In the US, he could enter up to 90 days before our wedding day and if he filled out an employment authorization form, he could also work up to 90 days in advance. In the UK, it seems that I could come over up to 6 months in advance but cannot work until I am married. From what I have researched, I read that someone can live in the UK visa-free for 6 months.

This may be a stupid question as well, but if we did get married in the US, would my fiancee need a visa for that? Or is that only if we were planning to also live in the US?

Anyway, it is just a bit of a headache.
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Old Mar 22nd 2005, 2:38 am
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Red face Re: UK citizen marrying US citizen in USA - but not going to live initially in USA

Originally Posted by Jenney & Mark
Your post is confusing. First you say, "I think if we were living in the US..." but then say, "We will live in the UK after we are married". I'm not sure which path you're planning to take!

Either way, there's nothing "illegal" about marrying in a third country, even if you are living in the US. It might be problematic if you marry outside the US and your UK spouse wants to come BACK into the US with you to live -- he would need a K3 visa for that. He cannot just re-enter the States as your spouse with the intention of emigrating.

If you plan on moving to the UK after marriage, however, then you really only need to worry about getting your UK spousal visa sorted out before you go.

~ Jenney
So it doesn't matter where we get married? I just have to get the visa stuff in order before I go?

Also, once I have applied and have my sponsor fill out the necessary information, what sort of documents would I then (if approved) gain entry clearance or do I need to do something once we were actually married as well?

The thing is, we are most likely to have a wedding on short notice because we have to figure out the visa/immigration stuff. I just want to make sure that I do as much as I can so things will be ready for when we get married.

Sorry to ask so many questions. Thanks for all of your help, though!
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Old Mar 22nd 2005, 2:44 am
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Default Re: UK citizen marrying US citizen in USA - but not going to live initially in USA

Originally Posted by mvjenno
My husband and I were married in the US - he came over on visa waiver with no questions asked, and I flew back to the UK with him to live. (The only hitch we encountered was that I could not apply for a UK fiance visa as we would be married when I entered the UK...and I couldn't apply for a spouse visa until we were married! But that's a story for another forum!)

Good luck!
how come you couldn't apply for a spouse visa until you were married? what did you do?
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Old Mar 22nd 2005, 2:59 am
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Default Re: UK citizen marrying US citizen in USA - but not going to live initially in USA

Originally Posted by [email protected]
I have done a lot of digging already, but I can't seem to find much on the actual wedding or travelling requirements/limitations if there are any. Things may be easier in the UK.

In the US, he could enter up to 90 days before our wedding day and if he filled out an employment authorization form, he could also work up to 90 days in advance. In the UK, it seems that I could come over up to 6 months in advance but cannot work until I am married. From what I have researched, I read that someone can live in the UK visa-free for 6 months.

This may be a stupid question as well, but if we did get married in the US, would my fiancee need a visa for that? Or is that only if we were planning to also live in the US?

Anyway, it is just a bit of a headache.
It's not really a headache, I see these as the Q & A:
Where do you want to live: UK

How do you get a visa for that?: Once married, return to the US and apply for a spousal visa to the UK. Bob provided the link.

Where do you want to get married?: Let's say Santorini Greece. Go to google and search Santorini Wedding. There are countless tour companies who wil assist you as much or little as you like in arranging an island wedding. With some research, you can learn how to do it yourself. If the above does not inform you of what visas are necessary for your citzenships, go to travel.state.gov and search "Greece" there (there may be info there about getting married in any given country as well) to find out the visa requirement for the USC. There is a similar site for the UK gov't.

If you plan to marry in the US, be prepared to have the UKC enter with plenty of evidence of his intent to depart the US within 90 days (the period of time he is allowed to visit on the Visa Waiver Program). You get the license, get married and apply for a spousal visa to the UK. Bob provided the link.
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Old Mar 22nd 2005, 3:05 am
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Default Re: UK citizen marrying US citizen in USA - but not going to live initially in USA

Originally Posted by [email protected]
how come you couldn't apply for a spouse visa until you were married? what did you do?
Simple: You cannot apply for a SPOUSE visa until you are a spouse.

(Somewhat) Short and Sweet Answer:

If you marry in the US with the intention of living in the UK, your UK fiance does not require a visa to enter the US. He can use the VWP. However, he needs to bring with him documentation that proves he plans on returning to the UK because if the Immigration Officer suspects he plans on remaining here, they will deny him entry and then you have no wedding. Getting a spousal visa to live with him in the UK is much easier and quicker (for the time being) than you trying to bring him here to live.

If you marry in the US with the intention of living in the US, you need to complete the Fiance Visa process to bring him over here. There is lots of info available on how to complete this process available on this website. Ask any questions you may have. However, if you plan on living in the US, be aware that once he enters on a K1 Fiance visa, he cannot leave the US without having an approved Advance Parole - but you can only apply for Advance Parole once you are married and have applied for a Green Card. This means no honeymoon outside the US - and most do not honeymoon outside the continental US because of the fear of touching foreign soil. If he touches foreign soil in any way, the US can deny him re-entry into the US even though you are married. That would mean that you have to then apply for a Spousal Visa to bring him back into the US.

US Immigration law is very tricky to the un-initiated. All of us here have been there, done that, got the t-shirt. Ask away.

Good luck!

Cheers~
~Jamie
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Old Mar 22nd 2005, 3:15 am
  #21  
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Default Re: UK citizen marrying US citizen in USA - but not going to live initially in USA

Originally Posted by [email protected]
This may be a stupid question as well, but if we did get married in the US, would my fiancee need a visa for that? Or is that only if we were planning to also live in the US?
.
wouldn't need a visa if you didn't stay, but if you did, you'd need a K1 visa.
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Old Mar 22nd 2005, 3:16 am
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Default Re: UK citizen marrying US citizen in USA - but not going to live initially in USA

Originally Posted by [email protected]
Also, once I have applied and have my sponsor fill out the necessary information, what sort of documents would I then (if approved) gain entry clearance or do I need to do something once we were actually married as well?

you need all the stuff that is asked for in the forms, biographical info, tax returns, birth certificates etc.
Once married, then you'd have to do it all over again for AOS.
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Old Mar 22nd 2005, 3:17 am
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Default Re: UK citizen marrying US citizen in USA - but not going to live initially in USA

Originally Posted by [email protected]
how come you couldn't apply for a spouse visa until you were married? what did you do?
to be a spouse, you need to be married, otherwise you ain't a spouse.
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Old Mar 22nd 2005, 12:07 pm
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Default Re: UK citizen marrying US citizen in USA - but not going to live initially in USA

Originally Posted by [email protected]
So it doesn't matter where we get married? I just have to get the visa stuff in order before I go?
What visa stuff? For which country? If you want to get married in the US and live in the UK you don't need a US visa.

Also, once I have applied
Applied for what?

and have my sponsor
What sponsor? To live in the UK? Maybe you should ask that on a UK immigrations message board.

what sort of documents would I then (if approved) gain entry clearance
Entry clearance to which country? UK? US?

because we have to figure out the visa/immigration stuff.
Again, to which country? Questions about immigrating to the UK should not be asked on this board (my apologies to Mo and Rete).

but I can't seem to find much on the actual wedding or travelling requirements/limitations if there are any.
A wedding planner and travel agency would be the best people/places to consult about that.

In the US, he could enter up to 90 days before our wedding day
Actually 89 days.

and if he filled out an employment authorization form, he could also work up to 90 days in advance.
Only if he enters on a K1 visa (takes about 8 months to get? Or is that on the fast side?). A K1 visa is meant for people who want to both marry and subsequently reside in the US.

if we did get married in the US, would my fiancee need a visa for that?
No.

Or is that only if we were planning to also live in the US?
Yes.
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