The Horticulturalist

So my friends just got engaged at the weekend
She's British and living in Scotland and he's American and living here.

So here's the hypothetical question, if they wanted to get married in the summer, and they did that in the UK, would they only then be able to file for her to reside in the USA, or could they initiate the process beforehand meaning she could get married at home and then go over with him?

If she had to wait after her marriage (in the UK) for a visa to be processed how long would that normally take?

I guess that the K1 visa would be quicker, but would not permit them to be married in the UK - or would it?

Noorah101

If they get married in the UK this summer, after that their only option is to get her an Immigrant Visa. They cannot initiate the Immigrant Visa before they are married. She would not be able to go back to the USA *with* him, unless he is prepared to stay in the UK for as long as it takes to get her Immigrant Visa.

About 8 - 10 months.

K-1 fiance visa is a bit quicker, takes about 6 - 8 months to process, and can be started now. But it does not permit them to be married in the UK. They would have to get married in the USA, within 90 days of her arrival on the K-1

Rene

The Horticulturalist

Rene,

Thank you for your prompt and helpful reply.

I had in mind another couple I knew in a very similar situation who ended up postponing their wedding date by several months as I think they were unaware of the K1 visa processing times.
I'll pass this on to my friends!

meauxna

Some people elect to have their courthouse wedding to satisfy the K-1 requirements, file to Adjust Status and then have a fancy wedding abroad once they have travel permission for the US (before green card).

That might be more satisfying than having a fancy wedding and waiting 8-10 months to reunite in the US.

Folinskyinla

Hi:

The UK and the US are different countries last time I looked. I think the UK government has finally come around to accept that as to the Eastern part of the US.

penguinbar

There are certain visa requirements and regulations for a USC to get married in the UK . You're American friend needs to look into that as well. My husband and I looked into getting married in Scotland but chose to go the K1 route instead.

The Horticulturalist

They are? Dang, I didn't know that.

I was thinking in terms of getting the visa which allows you to reside in the USA as the Fiance for a short time - beyond that I didn't know whether it would allow you to jet off and marry wherever you want and then return to the USA. I'm not married to and American so my limited visa knowlege is virtually non existant when it comes to marriage stuff.

Bluegrass Lass

Horti, there's a wiki on the forum for the K1 and the CR-1/IR-1 spousal visa. Why don't you send the links to your friend so they can read up on the process and understand it a bit more.

In brief, the K1 allows the foreign fiance to enter the US with the intent to marry and remain to adjust their status to a PR. The marriage must take place in the US and within 90 days of entry on the visa. The foreign spouse then has to file the I-485 Adjustment of Status package (which includes the I-131 Advance Parole doc & work authorization). The foreign spouse cannot leave the US until either: 1) they receive the approved I-131 doc, or 2) the I-485 is approved. If the foreign spouse leaves the US without either of these 2 things occurring, then the foreign spouse will not be allowed to re-enter the US and the USC spouse will have to start all over with a spousal visa process to bring the foreign spouse back to the US.

If your friend really wants to marry in Scotland, they will have to wait until they are married, and then the USC spouse will have to file the I-130 to start the spousal visa process - which takes about 8-10months from filing date.

The Horticulturalist

Thanks for the wiki links, they look really helpful.