Jeffrey92

Hi everyone, firstly let me say thank you in advance for any help you might have. If I just tell the story I'm sure it will help make things clearer.

I am 24, I live and work in the UK. I have a girlfriend who is American (32). She lives and works out there (New Jersey). We have decided that we want to get married and live in the UK but we are both pretty clueless as to what we need to do in order to do this all corectly. We have been together for 7 months, and I'm not sure this is an important factor or not in terms of 'proving' our relationship and if we have to be together for a set amount of time before we can marry?

I earn £31k plus bonuses per year so I'm sure I meet the financial requirements. I own my own house, so I have suitable accommodation for her. But I have so many questions in regards to what we do next.

I have read that if she came over here on a fiancé visa then she would have to go back to the US and reapply for a spousal visa. I would like to know if it was possible for her to come over here to get married, and not have to go back to the US? I.e. Can she come here on a spousal visa if she isn't my spouse? May seem like a silly question but I'm clueless like I say.

All in all I would like to know what we need to do in order for her to come here, get married and then remain living with me. Which forms we need to fill out, visas to apply for etc.

Any questions that could help I will happily answer them if I've left anything out. Thanks
Alex

Pulaski

For starters your gf would need a visa that allows her to get married in the UK. Logistically it will be much easier and cheaper for you to get married in the US, where you don't need a visa to get married. It doesn't make a scrap of difference where you get married for spouse visa application purposes.

If your gf arrives on a fiancée visa she doesn't have to leave again to apply for a spouse visa, but you do need to be married to get a spouse visa, given that you haven't previously cohabited.

BritInParis

If she came over to marry on a marriage visitor visa she would need to return to the US to apply for her spouse visa. As Pulaski states a fiancée visa would mean she could come to the UK to marry and then apply to remain in the UK as your spouse. There are advantages and disadvantages with both options but both are perfectly correct and legal so it'll be your particular circumstances and preferences that will guide your decision.

morpeth

A question, are you saying one needs to have a special visa to get married in the UK ? I know someone who got married in UK in the 1990's. if I recall the only requirement was American spouse had to stay in the country three weeks.

mikelincs

That was, as you say, in the 1990's and things, as they often do have changed, you now need a specific visa to marry in the UK if one of the couple is not a UK or EU citizen, it's to stop 'marriages of convenience'.

not2old

in the links below


https://www.gov.uk/marriages-civil-p...reign-national


https://www.gov.uk/marriage-visa/overview

Jeffrey92

Thanks for all the replies guys!

So going by this and the links I am right in thinking that if my girlfriend entered on a fiancé visa and we got married, that she would then have to return to the US and re apply for a spousal visa to come back?

The better option seems for us to just get married in the US, me return to the UK (work commitments) and then she apply for a spousal visa to come and live with me?

BritInParis

No. A fiancée visa means she can marry and stay. A marriage visitor visa means she will need to return to the United States.

That decision is entirely dependent on your circumstances and preference.

Jeffrey92

Oh I see! Perfect. Thank you very much for that mate. Appreciate it a lot

Jeffrey92

I just wanted to bump this as I have more questions I'm hoping I can get some help with.

1- if we wanted to get married here in the UK then what steps do we need to take? And how long is the waiting process? In order for her not to have to go back to the US at least.

2- I have looked at getting married out in the US but it seems that I need to enter on a marriage visa? These take 6 months apparently but people say it's quicker to do it out there. I can't enter on a tourist visa with intent to marry? I'm going there in 11 days so would hopefully like to know what was possible.

Thanks in advance!

BritInParis

If you wanted to marry in the UK and then for your then-wife to stay then she'll need to apply in advance for a fiancee visa from the US. You should familiarise yourself with the requirements for this visa, particular the financial requirements, which are exacting in the terms of the evidence required.

No. You can travel to the US to marry using the VWP providing you return to the UK afterwards. Complications can arise when you attempt to adjust your status in the US after you marry in order to stay. Your then-wife can apply for a spouse visa from the US.

Jeffrey92

Thank you for your reply, my last reply didn't post so there may be two coming up.

So we will be perfectly OK to get married when I go out there in ten days? Then I return home and she can apply for a spousal visa to come and live with me?

I found something online that said if I entered on a tourist visa with intent to marry then I could be banned from visiting in the future but guessing that's if I tried to change my status to stay there.

She is also visiting me in April for a week so if we did get married would she have to apply for anything different than she would have before?

christmasoompa

Would you actually be entering on a tourist visa though, is there a reason you need a visa? I would have assumed you'd be entering on the VWP (Visa Waiver Program - as the name implies, no visa required).

The best place to ask any US immigration/visa related queries is our US immigration sub-forum, so do repost any questions about that side of things over there where you'll get some great info.

Good luck.

BritInParis

That's correct.

If you want to marry in the UK when she visits in April then she'll need a Marriage Visitor visa however a week won't be long enough to give notice. If you want to marry in the UK then a fiancee visa would be a better option since she wants to stay.

Jeffrey92

Thank you again!

So looks like we can go ahead and get married when I visit her. I would be on the VWP I have my ESTA that doesn't expire until September 2018 but I didn't realise this was different to a tourist visa I assumed it was another name for it.

And when she visits here in April, assuming we are already married, there won't be any issues her just visiting for a week?