heathern1

Hi All -

I'm an American woman, planning to marry a British man. I met him while on a work assignment in London which has ended, so we are currently living apart and debating options. We have debated whether to settle in US or UK and are currently thinking US would be best for both of us for now for a variety of reasons.

My question is: is it better to marry in the US or in the UK? We both want to work so the K-1 seems like a bad option, meaning we need to marry before applying for him to come over on the CR-1.

As I understand the options are:
1) He comes on visitor visa to US, we marry, he returns to UK and we apply/wait for CR-1 to go though
2) I go to UK on a marriage visitor visa (which I understand has a waiting period of it's own), I return to US, then we apply/wait for CR-1

Are there any pros/cons to either approach? Option 1 seems the easiest, and he would go back to the UK during the process so I don't think we'd violate any rules around intent to stay.

Thanks much for your advice and help!

Pulaski

2) has non-trivial costs.

Where you get married is largely irrelevant, but getting married in the US will be easier for you because of the visa you would need to marry in the UK.

Your fiancé can get married while in the US on a VWP visit. I would recommend he avoids telling the immigration officer at the airport when he arrives that he is going to get married, unless he is specifically asked if he will be getting married on that visit.

I think you are wise to discount the K-1 route.

BTW welcome to BE!

Rete

Hi and welcome to BE.

The K-1 is not a bad option for many people but for yourselves it might not be the best way to go. You can work on the K-1 for the 90 days the K-1 is valid but then you have to stop working until you file for adjustment of status and obtain an employment authorization document. The K-1 works for people in countries who don't participate in the VWP or for people who prefer to be separated from a fiancée for 8 or more month rather than a spouse. So unless you need to work continually, then the K-1 is not a perfect fit.

Yes, he can enter the US on the ESTA/VWP, marry and at the end of his legal stay in the US, return to the UK while you file the I-130 / I-130A for him. Other parts follow this initial filing as things progress.

Unfortunately, for you to go to the UK to marry you need a visa to do so and then there is a waiting period in the UK until you can have the wedding ceremony, which you already know.

So marrying in the US or some other country is a better option.


Shame you didn't think to marry before your legal right to live in the UK terminated. You could have married and filed the I-130 at the US Embassy in London and been through the process inside of 4 to 8 months time.

heathern1

I know, it's a huge shame. Long story short I was in the UK on a Tier 2 ICT (intra company transfer) when my company suddenly shut down our London office, sending me back to the States. Making matters even worse I'm prohibited from filing again for another UK work visa for 12 months, minimum, assuming I find a new company to sponsor me after that!! So we have a long wait ahead of us no matter what. � ����

Rete

Why do you want to make the US your home base after your marriage? If you like living in the UK and your fiancée has a well secured employment, would it not be better to make the UK your home, at least for a few years.

heathern1

It's a great question and one we have considered thus not totally off the table. Frankly work options are much better for me here in the US right now which benefits us as a couple. His skills could also easily transfer to a US job. So we think we will be better off trying to live/work in the US for the next few years, maybe save some money before going back to the UK. We are open to living in the UK for sure, it just does not seem viable now.

SanDiegogirl

Marry in the US, then apply for the CR-1 visa.

bg1109

Hi, Heather! It sounds like we have similar situations. I'm an American citizen, and my husband is a Brit living in the UK. We just married earlier this month, here in the states. We treated it like any other visit- he came over for the wedding with his family, then went back home afterwards (sadly). We filed our I-130 package for the CR1 visa a week after the wedding, and now we're just going to keep working and visiting each other while we wait for it all to go through. The K1 would've been great- but we both need to work and can't afford to not have that income. It sounds like you're going about it the smart way- and while it'll be rough being married and being apart, it'll be smarter in the end financially (that's what we're telling ourselves, at least!). Good luck with everything- this forum has been a huge help to us in navigating it all

Noorah101

It makes no difference to USCIS where the marriage takes place. Have the wedding wherever it appeals to you.

Rene