US/Uk resident to marry UK citz

Old Feb 6th 2011, 4:00 pm
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Default US/Uk resident to marry UK citz



Iam Uk citz. My girl friend holds British passport and moved to USA on green card 6years ago. She now has US passport (residents) and applying for citizenship later this year. She will maintain dual status.

We want to marry in UK.
1/ Does she need any special residency time in UK before we get married.
2/ Once married she will sponser me to join her in US. However, and probably most unusually, I do not intend to work there nor stay there fulltime as I need to travek back to Uk regularly to maintain my property and other bits and pieces. Can anyone adivse on best way forward so that I can enter and leave US frequently.....as her married partner.

Hope this makes sense
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Old Feb 6th 2011, 4:08 pm
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Default Re: US/Uk resident to marry UK citz

Originally Posted by Y-am-I


Iam Uk citz. My girl friend holds British passport and moved to USA on green card 6years ago. She now has US passport (residents) and applying for citizenship later this year. She will maintain dual status.
Hi there, can you please ask your GF to clarify this? She can not have a US passport until after she has applied for US citizenship.
What her citizenship is makes a difference to what you do.

We want to marry in UK.
1/ Does she need any special residency time in UK before we get married.
2/ Once married she will sponser me to join her in US. However, and probably most unusually, I do not intend to work there nor stay there fulltime as I need to travek back to Uk regularly to maintain my property and other bits and pieces. Can anyone adivse on best way forward so that I can enter and leave US frequently.....as her married partner.

Hope this makes sense
If she is a UK citizen then she does not need a special visa to marry in the UK. The residency rules are something like a couple of weeks.. you can look it up with 'marriage license'.

Your question number 2 doesn't make complete sense, so tell us more what you plan.
If your (then) wife sponsor/petitions you to come to the US, it is so you can become a "Permanent Resident".. you get a green card.

If you don't intend to live in the US and you just want to visit, there are a couple of visitor options.. the VWP and B-2.
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Old Feb 6th 2011, 5:14 pm
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Default Re: US/Uk resident to marry UK citz

Originally Posted by meauxna
If you don't intend to live in the US and you just want to visit, there are a couple of visitor options.. the VWP and B-2.
A K3 visa may also be an option, for someone who does not want to stay in the US full time and wants to avoid US tax liabilities on foreign investments. Something to discuss with an immigration lawyer and a tax consultant.
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Old Feb 6th 2011, 5:16 pm
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Default Re: US/Uk resident to marry UK citz

Originally Posted by Marocco
A K3 visa may also be an option, for someone who does not want to stay in the US full time and wants to avoid US tax liabilities on foreign investments. Something to discuss with an immigration lawyer and a tax consultant.
That did cross my mind, but I don't know what the OP is getting at yet.
If you want to keep offering that piece of advice, maybe you should add a list of what the possible liabilites would be.

The K-3 visa is only valid for 2 years, so should be part of a larger strategy IMO.
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Old Feb 6th 2011, 5:19 pm
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Default Re: US/Uk resident to marry UK citz

Originally Posted by meauxna
If you want to keep offering that piece of advice, maybe you should add a list of what the possible liabilites would be.
I don't know what the possible liabilities would be. Hence my advice to discuss it with an immigration attorney.
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Old Feb 6th 2011, 7:32 pm
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Default Re: US/Uk resident to marry UK citz

Originally Posted by meauxna
The K-3 visa is only valid for 2 years, so should be part of a larger strategy IMO.
Also, a K-3 is not guaranteed. If they proceed with filing both an I-130 and I-129F for a K-3 visa, the NVC could very well dispose of the I-129F themselves, and continue on with the Immigrant Visa process, which would make the OP a US PR upon entry to the USA...something he does not want at this time.

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Old Feb 7th 2011, 1:56 am
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Default Re: US/Uk resident to marry UK citz

Originally Posted by Y-am-I
She now has US passport (residents) and applying for citizenship later this year. She will maintain dual status.
This is impossible. She can not have a US passport prior to becoming a citizen. Please clarify.


Once married she will sponser me to join her in US. However, and probably most unusually, I do not intend to work there nor stay there fulltime as I need to travek back to Uk regularly to maintain my property and other bits and pieces.
Again, this is impossible. Once you get an immigrant visa and enter the US, you will become a US permanent resident... and the US must be your full-time home. Please clarify.

You can't have it both ways.

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Old Feb 7th 2011, 4:20 pm
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Default Re: US/Uk resident to marry UK citz

Originally Posted by Marocco
I don't know what the possible liabilities would be. Hence my advice to discuss it with an immigration attorney.
I figured that since you've raised it a few times, you must have an idea of what "possible" might be.
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Old Feb 10th 2011, 11:46 am
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Default Re: US/Uk resident to marry UK citz

Sorry everyone....got it wrong. GF holds british passport with resident green card. She will not get her US passsport until she applies for citizenship later in the year.

We intend to get married before she applies for Citz.

The questioon is is it easier for us to marry in UK...she will have to satisfy residency rules here., or get married in US.
I do not want to live or work in US. However, I want to travel back and forth regularly. Can you see any problem with US immigration if I do this. Or is there a way to get a special visa that allows me to travel regularly staying in the US for say up to 6 months at a time. If that is not possible would there be a problem with me arriving to see "my wife" for say three months on a norm visa, leave country for a week or so and re-enter....and do that regularly.
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Old Feb 10th 2011, 12:54 pm
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Default Re: US/Uk resident to marry UK citz

Originally Posted by Y-am-I


Iam Uk citz. My girl friend holds British passport and moved to USA on green card 6years ago. She now has US passport (residents) and applying for citizenship later this year. She will maintain dual status.
If she is not a US Citizen she does not have a US Passport.

We want to marry in UK.
1/ Does she need any special residency time in UK before we get married.
No, she is a British citizen not a foreign visitor.

2/ Once married she will sponser me to join her in US. However, and probably most unusually, I do not intend to work there nor stay there fulltime as I need to travek back to Uk regularly to maintain my property and other bits and pieces. Can anyone adivse on best way forward so that I can enter and leave US frequently.....as her married partner.

Hope this makes sense
Getting an Immediate Relative Visa, which becomes a green card when you use the IRV to enter the US will take a year or more if she doesn't become a USC within the waiting period. A visa is not immediately available for the spouse of a non-USC petitioner.

As for coming and going to the UK from the US after receiving a green card, you will have to be able to prove that you have established permanent residency in the US. The green card is not meant to be a travel document for your convenience.
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Old Feb 10th 2011, 12:56 pm
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Default Re: US/Uk resident to marry UK citz

Originally Posted by meauxna
Hi there, can you please ask your GF to clarify this? She can not have a US passport until after she has applied for US citizenship.
What her citizenship is makes a difference to what you do.

Ahhh, she can't get a US Passport even after applying for US Citizenship. She is not entitled or eligible for a US Passport until she is a US Citizen and that will only be after she has completed the interview/test and has had the naturalization oath ceremony.
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Old Feb 10th 2011, 1:01 pm
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Default Re: US/Uk resident to marry UK citz

Originally Posted by Y-am-I
The questioon is is it easier for us to marry in UK...she will have to satisfy residency rules here., or get married in US.
I can't speak for UK immigration, but for US immigration it makes no difference where you marry.


Can you see any problem with US immigration if I do this.
Yes, I see a problem.


Or is there a way to get a special visa that allows me to travel regularly staying in the US for say up to 6 months at a time.
There is no "special" visa that allows this, but there is a B-2 visitor visa which will allow you 6 months in the US. However, unless you are of retirement age, you're not like to get a B-2 visa if you are otherwise eligible to use the Visa Waiver Program (VWP). The VWP will allow you 90 days in the US... after which you must leave and spend at least as long outside the US as inside the US. So, 90 days in, 90 days out. You need to also be aware of the US tax implications if you spend a substantial amount of time in the US... whether you're actually living/working there or not.


If that is not possible would there be a problem with me arriving to see "my wife" for say three months on a norm visa, leave country for a week or so and re-enter....and do that regularly.
You might be able to do that once or twice. Having a wife living in the US definitely works against you. You say you don't want to live/work in the US... but from an officer's POV, you have a powerful reason to remain in the US - and that's the moment you'll be refused entry. This would be true whether you have a visa or travel on the VWP. The day you get turned away, future travel to the US will get much tougher.

As I wrote earlier, you can't have it both ways.

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Old Feb 10th 2011, 1:32 pm
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Default Re: US/Uk resident to marry UK citz

Originally Posted by Y-am-I
I do not want to live or work in US. However, I want to travel back and forth regularly. Can you see any problem with US immigration if I do this. Or is there a way to get a special visa that allows me to travel regularly staying in the US for say up to 6 months at a time. If that is not possible would there be a problem with me arriving to see "my wife" for say three months on a norm visa, leave country for a week or so and re-enter....and do that regularly.
Yes, I see potential problems with your plan. You are essentially visiting the USA so often that it appears you are trying to live in the USA, even though you say you don't want to.

What exactly is your long-term goal? Maybe that will help produce some ideas and answers for you. Right now, it sounds like you want to marry and then live apart forever, with frequent visits to each other. Is that what your intent is? Do you guys ever intend on living in one country together?

You want to visit the USA regularly, with just a short break of a week in between visits...but you don't want to live in the USA....that doesn't make sense to me. Why not live in the USA, have your green card, and then spend a week or so every few months visiting back home? That's pretty much your same plan.

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Old Feb 10th 2011, 3:38 pm
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Default Re: US/Uk resident to marry UK citz

Originally Posted by Y-am-I
Sorry everyone....got it wrong. GF holds british passport with resident green card. She will not get her US passsport until she applies for citizenship later in the year.

We intend to get married before she applies for Citz.

The questioon is is it easier for us to marry in UK...she will have to satisfy residency rules here., or get married in US.
I do not want to live or work in US. However, I want to travel back and forth regularly. Can you see any problem with US immigration if I do this. Or is there a way to get a special visa that allows me to travel regularly staying in the US for say up to 6 months at a time. If that is not possible would there be a problem with me arriving to see "my wife" for say three months on a norm visa, leave country for a week or so and re-enter....and do that regularly.
What is staying together for 6 months at a time called? Not living together?
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