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Complications - US Citizen Marrying UK Citizen

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Complications - US Citizen Marrying UK Citizen

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Old Nov 29th 2009, 1:24 am
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Default Complications - US Citizen Marrying UK Citizen

Hi everyone!

My fiance is a UK citizen, I am a US citizen who has lived in the UK for 4 years, the last year of which on a post-study residence permit. We have obtained a Certificate of Approval for marriage and are getting married on December 18th in the UK to get the paperwork moving forward (we'll have a big ceremony in the US when we get there.)

I was planning on applying DCF to file my I-130 as soon as we're married.

However, I was wondering if we should delay that application based on the name changes we're about to make. We've decided to create a new surname for ourselves. He's going to change his name by deed poll, and then I'm going to use our marriage certificate to take on his name.

This can be done before we're married in the UK but I was thinking about the processing times to get passports changed etc. I don't want our name change to confuse the I-130 application process but then again I'd like all of our US documentation to have the correct new surname on it.


As another issue, I had always thought I would be applying for leave to remain in the UK, but we've decided to live in America for a few years. I was wondering if it was allowed for me to still apply for that leave to remain in order to be able to come back to the UK later on? I'm not sure how that works.

Thanks for your input!

Brittany
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Old Nov 29th 2009, 2:59 am
  #2  
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Default Re: Complications - US Citizen Marrying UK Citizen

Continue on with your plans as you originally made them. Why hasn't your fiancee already applied to have his name changed? If would have been easier to marry with the new surname already in place but not a big deal if you do it before the change. You will have the paper trail so there should not be a problem. You don't need a new passport immediately. You are free to travel with your maiden surname as long as the airline ticket is in the same name as the one on the passport.

As for the male partner, his name change will be documented and depending on the length of time to have this done, he will bring the completed paperwork with him to the interview at the US Consulate and the new name will be entered and used henceforth.
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Old Nov 29th 2009, 5:21 am
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Default Re: Complications - US Citizen Marrying UK Citizen

I'm thinking that Old Passport + Deed Poll + I-130 makes the leap for the I-130 (same as the marriage certificate will for you).
New Passport submitted for the interview.

The name checks will have to be run on all the versions of the names, so you just list them in the forms ('other names used').
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Old Nov 29th 2009, 5:29 am
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Default Re: Complications - US Citizen Marrying UK Citizen

Originally Posted by unconventional
As another issue, I had always thought I would be applying for leave to remain in the UK, but we've decided to live in America for a few years. I was wondering if it was allowed for me to still apply for that leave to remain in order to be able to come back to the UK later on? I'm not sure how that works.
"Leave to Remain" is the UK equivalent to permanent residency in the US. Since you won't be residing (or should I say, "remaining") in the UK, it's now moot.

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