UK Citizen to Marry US Citizen in US then Live in UK

Old Jun 16th 2004, 6:03 pm
  #1  
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Default UK Citizen to Marry US Citizen in US then Live in UK

Hi there,

OK - I'm pretty daunted by all the information here...

I'm a UK Citizen and my girlfriend is a US Citizen. We want to get married in her home town in the US and then live in my house in London.

Sarah has just graduated from grad school in the US and our plan is for her to come over to the UK on a BUNAC visa (meaning she can work in the UK for 6 months) and then for us to go over to the US for the wedding. We would then come back to the UK and apply for a spouse visa in the UK.

- Is this insane?
- Am I going to get refused entry to the US for my wedding or if I bring a letter from work, my mortgage etc will that work?
- Is she going to have problems getting into the UK now if we are planning to get married?
- Should we just get legally married ASAP in the UK or the US and do the family / church bit as planned later?

Arghh! I don't know where to start!! Does anyone know a good source of legal advice in London?

Thanks very much for any advice,
Marcus
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Old Jun 16th 2004, 6:19 pm
  #2  
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Default Re: UK Citizen to Marry US Citizen in US then Live in UK

Hello,

I did something similar, I actually quit my teaching job to go over to the US to spend 3 months with my now husband using the VWP. I was a bit worried at the port of entry but I had proof of returning to the UK in the form of my bank information and rental agreement. I wasn't asked for these I got through smoothly. So anyways it is good that your girlfriend can get a visa to spend some time with you prior. As for marriage in the US, I did that during the 3 month stay and then I returned to the UK to prepare my husband's application for a spouse visa. It was relatively simple, as long as you can provide that she will not be a recourse to public funds. My parents helped me out with this, I had a new teaching job lined up but they sent copies of their bank accounts and each wrote a letter. My husband applied for his visa at the British Embassy in Chicago and got it the same day.

Your other option is the UK fiance visa, you have to prove that you will get married in a reasonable time (6months) search on the IND webpage. The only downside is that she won't be able to work until you are married and have adjusted her status.

Hope this helps a little, I'm in a rush, hope it makes sense...
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Old Jun 16th 2004, 9:44 pm
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Default Re: UK Citizen to Marry US Citizen in US then Live in UK

Hi,

there appears to be nothing basically wrong in your plan as far as I can see, although entry to any country under a non-immigrant visa is always a risky business. To minimise the risk of being refused entry, it is always best to go armed with plenty of evidence to show ties to your home country (that will apply to both of you). Having said that, my wife came to the UK on a visitors visa a few times and only once had even a second glance from UK immigration (and that was getting off the ferry after a weekend in France). When we got married in the US, I travelled to meet her and didn't have a problem gaining entry to the US (although this was before 9/11). So to answer your questions generally in the order you asked them :-

- No, you're not going insane (well not that I can tell from here anyway)

- Take as much evidence as is practical that you have ties to the UK, especially as you will need this after your wedding to get the spousal visa to bring your bride home.

- If you're not planning to get married in the UK, I wouldn't advise that she tell the immigration officers here. That way they won't have to be concerned about it.

- I would always advise against pushing a marriage forward just to avoid immigration problems. I tried that with my ex-wife and it was a bad plan (notice the ex part).

- I can't help you with the legal advisor, but as I managed it (and my situation was probably more complex) I'm sure you will too. Just read all you can on the subject, hang around here and other sites for UK and US immigration and read the embassy website several times over.

If you want to discuss it further, feel free to PM me.

Mark


Originally posted by marcuswilliams
Hi there,

OK - I'm pretty daunted by all the information here...

I'm a UK Citizen and my girlfriend is a US Citizen. We want to get married in her home town in the US and then live in my house in London.

Sarah has just graduated from grad school in the US and our plan is for her to come over to the UK on a BUNAC visa (meaning she can work in the UK for 6 months) and then for us to go over to the US for the wedding. We would then come back to the UK and apply for a spouse visa in the UK.

- Is this insane?
- Am I going to get refused entry to the US for my wedding or if I bring a letter from work, my mortgage etc will that work?
- Is she going to have problems getting into the UK now if we are planning to get married?
- Should we just get legally married ASAP in the UK or the US and do the family / church bit as planned later?

Arghh! I don't know where to start!! Does anyone know a good source of legal advice in London?

Thanks very much for any advice,
Marcus
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Old Jun 17th 2004, 2:09 pm
  #4  
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Default Re: UK Citizen to Marry US Citizen in US then Live in UK

Hi - My now UK hub ame to the states on the VW and we married here, he
then stayed and applied for AOS, when coming to the states and
planning to get married while on a VW do NOT mention the word
"marriage"...be sure to bring proof you will be returning to the UK,
and be sure you have a "round trip" air ticket even IF you dont plan
to use it.
everything will be fine.
g'luck!
 
Old Jun 17th 2004, 4:11 pm
  #5  
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Default Re: UK Citizen to Marry US Citizen in US then Live in UK

marcuswilliams wrote:
    >
    > Hi there,
    >
    > OK - I'm pretty daunted by all the information here...
    >
    > I'm a
    > UK Citizen and my girlfriend is a US Citizen. We want to get married in
    > her home town in the US and then live in my house in London.
    >
    > Sarah has
    > just graduated from grad school in the US and our plan is for her to
    > come over to the UK on a BUNAC visa (meaning she can work in the UK for
    > 6 months) and then for us to go over to the US for the wedding. We would
    > then come back to the UK and apply for a spouse visa in the UK.
    >
    > - Is
    > this insane?
    > - Am I going to get refused entry to the US for my wedding
    > or if I bring a letter from work, my mortgage etc will that work?
    > - Is
    > she going to have problems getting into the UK now if we are planning to
    > get married?
    > - Should we just get legally married ASAP in the UK or the
    > US and do the family / church bit as planned later?
    >
    > Arghh! I don't know
    > where to start!! Does anyone know a good source of legal advice in
    > London?
    >
    > Thanks very much for any advice,
    > Marcus

I would not apply for a "spouse" visa from inside the UK. I don't
believe it is possible to do this anymore (since some time in 2003).
After marriage in the US apply for the appropriate UK visa while in the
US

I'm no expert but I think you simply can enter the US under the visa
waiver program, as others have stated. Once you marry, file by post or
go in person to a British consulate and apply for the UK visa. With a
correct application this can be done the same day as I understand it.

It is a risk to enter the UK as the spouse of a British citizen or even
a fiance without the proper entry clearance. People have been and will
be sent back the US without the proper clearance. My wife is British and
IND told me last time I entered the UK that I could be sent back. I was
told this because they noticed an expired "Leave to Remain" stamp in my
passport but once I explained that I had no intention to stay in the UK
permanently I was allowed to enter as a tourist (we live in the US). Not
the same as your situation of course, but I mentioned it only to point
out that anyone can be put on the next plane without the proper
documents

Start here http://www.ind.homeoffice.gov.uk/
and also read this site
http://www.ukvisas.gov.uk/servlet/Fr...=1006977149953

I personally don't think you need a lawyer but that is your decision.
With entry clearance to the UK as your spouse your wife will be able to
work legally (fiances cannot last time I checked). You may want to try
misc.immigration.misc for more details about UK immigration. Unlike the
US process, the UK process is straightforward and very simple in
comparison
 
Old Jun 17th 2004, 5:18 pm
  #6  
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Default Re: UK Citizen to Marry US Citizen in US then Live in UK

Thanks very much everyone.

So it looks like:

- My fiancee can get into the UK on her BUNAC visa for the next few months (as long as she does not mention marriage)

- I can get into the US to get married on the Visa Waiver (as long as I take enough proof that I am going straight back to the UK)

- We can apply for a UK spouse visa, from a British Consulate in the US, after our wedding and get it pretty quick (same day or close)

- My fiancee can return with me to the UK after the wedding and be permanently allowed to work / live with me in the UK

- If we want to go to live in the US in the future then we need to go through the lengthy US spouse visa application procedure from the UK as discussed elsewhere on this site

Fingers crossed! Now the hard bit - I need to answer my fiancee's questions about dress colours, flowers, guest lists.....

Marcus

Last edited by marcuswilliams; Jun 17th 2004 at 6:15 pm.
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Old Jun 18th 2004, 12:59 am
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Default Re: UK Citizen to Marry US Citizen in US then Live in UK

I am in a similar situation, and I was wondering what sort of proof would be considered sufficient to show ties to the UK?
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Old Jun 18th 2004, 1:50 am
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Default Re: UK Citizen to Marry US Citizen in US then Live in UK

Originally posted by marcuswilliams
- If we want to go to live in the US in the future then we need to go through the lengthy US spouse visa application procedure from the UK as discussed elsewhere on this site
This part is not lengthy *IF* the USC resides in the UK. Around here it is called DCF/Direct Consular Filing. It's been taking aprox. 4 months from the UK and when you enter the US with the resulting Immigrant Visa, you are in Green Card/PR status from Day One.
The London Embassy website has detailed instructions for applying for an Immigrant Visa as a spouse.

Have fun!
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Old Jun 18th 2004, 5:26 am
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Default Re: UK Citizen to Marry US Citizen in US then Live in UK

Originally posted by marcuswilliams
Thanks very much everyone.

So it looks like:

- My fiancee can get into the UK on her BUNAC visa for the next few months (as long as she does not mention marriage)

- I can get into the US to get married on the Visa Waiver (as long as I take enough proof that I am going straight back to the UK)

- We can apply for a UK spouse visa, from a British Consulate in the US, after our wedding and get it pretty quick (same day or close)

- My fiancee can return with me to the UK after the wedding and be permanently allowed to work / live with me in the UK

- If we want to go to live in the US in the future then we need to go through the lengthy US spouse visa application procedure from the UK as discussed elsewhere on this site

Fingers crossed! Now the hard bit - I need to answer my fiancee's questions about dress colours, flowers, guest lists.....

Marcus

Good luck with that
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Old Jun 18th 2004, 6:04 am
  #10  
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Default Re: UK Citizen to Marry US Citizen in US then Live in UK

Originally posted by marcuswilliams
Thanks very much everyone.

So it looks like:

- My fiancee can get into the UK on her BUNAC visa for the next few months (as long as she does not mention marriage)

- I can get into the US to get married on the Visa Waiver (as long as I take enough proof that I am going straight back to the UK)

- We can apply for a UK spouse visa, from a British Consulate in the US, after our wedding and get it pretty quick (same day or close)

- My fiancee can return with me to the UK after the wedding and be permanently allowed to work / live with me in the UK

- If we want to go to live in the US in the future then we need to go through the lengthy US spouse visa application procedure from the UK as discussed elsewhere on this site

Fingers crossed! Now the hard bit - I need to answer my fiancee's questions about dress colours, flowers, guest lists.....

Marcus

If they ask her what's the purpose of her trip, she must say the truth.. that's why she should bring all the evidence mstracy listed.
Since you guys are going to establish residence in the UK, if you ever want to come back, you can do DCF.
For info about DCF:
http://www.usembassy.org.uk/cons_web/ins/i130filing.htm

For DCF experiences:
http://www.kamya.com/interview/130int.html#UK

As for the spousal visa for the UK:
http://www.workpermit.com/uk/marriage.htm

Good Luck and congrats on your upcoming wedding!!
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