USGirl

My British boyfriend and I are looking into getting married in the United States near my family, going back to the United Kingdom for a year or so, assuming that I can get a British visa, with the ultimate goal of getting him a U.S. visa and living in the United States permanently.

Two questions:

1. Do we have to do anything special for him to get married in the US? Does he need any additional paperwork or anything that two US citizens wouldn't need?

2. Will my applying for British permanent residency have any effect on his application for a U.S. visa?

Thanks!

BritishGuy36

1. Probably not. If he has no criminal record and can answer "no" to all of the questions asked on the I-94 visa waiver form, then he can enter on the visa waiver program and get married providing he intends to leave the country again.

2. He won't need a visa (unless there is anything preventing him using the VWP).

Once you are married send off to a British Consulate for your entry visa for the UK, then once you have been living in the UK for 6 months you can apply for his US entry visa (CR-1) directly in London, which is much quicker than applying in the US.

All in all it's possible for both of you to be back in the US inside a year, if that's what appeals to you.

USGirl

Thanks for your help. It's extremely helpful.

Quick clarification: My second question, regarding whether or not my request for British permanent residency would affect my British boyfriend's U.S. visa, I meant the permanent visa he'll be applying for eventually, not anything to do with his getting into the United States to get married.

Also, is the US entry visa you mentioned a different thing/process from the marriage visa?

And when you said that you think we could be back in the United States within a year, does that mean from when we get married or when I actually move to the UK with my British spousal visa?

Again, thanks so much for your help!

ian-mstm

No.


No.


No.


Yah... no.


Yes. The US does not have a "marriage visa" - in the sense that there is no specific visa that you need to get married in the US. The term "spousal visa" however, is what your (then) UK spouse will need to come back to the US to live. This is what BG36 called the "entry visa".


Both... it just depends on when you want to start the paperwork to return to the US. Once you have permission to live in the UK, you don't have to rush to return to the US unless you want to.

Ian

californian

As Ian says, no. Many people go this route b/c it allows the couple to be together while the UKC is applying for his Immigrant Visa (IR-1/CR-1).

Not sure what you are referring to here. When you husband is granted an IR-1 he will enter on that, when he does he will be sent his Green Card in the mail.

You might be referring to his intial *entry visa* for when he comes to the States for the wedding . . . if so, this is vastly different than the IR-1, he will later acquire.

I would not suggest that you *bank on* waiting until you've been in the UK 6 months to apply. As British Guy suggests you can file your I-130 (Petition for Alien Spouse) in London after you've been in the UK for 6 months, rather than in the States. However, DCF in London is becoming stricter and stricter about accepting petitions from people that they believe are only *temporarily residing in the UK*, they have told many people that *b/c the UK is not their principal domicile* they will need to file in the States --- if you waited 6 months in the UK and your petition were refused by DCF London this would cause unneccesary delay.

I would suggest, after your have your marriage certificate in hand to sort out your UK spousal visa (check out Britian USA's website --- it is a quick and largely pain free process) and then immediately file you I-130 in the US. IR-1s are taking approximately 10 months to complete. It is a 2 stage process and a farely complicated one but if you file shortly after you get married, you will (mostly like) be back in States for your 1 year anniversary!

Norri

That's assuming they want to get to the states quickly, the OP mentions staying in the UK for a year or two, it may be worth considering a year or three and picking up a UK passport before she leaves.

californian

I missed that about staying for a year or 2 . . . in which case, good point!

Our OP would be granted a marriage visa for 2 years and then could apply for Indefinite Leave to Remain. I believe, after 2 years w/ILR she could apply for UK citizenship.

ian-mstm

He doesn't need a visa to come to the US to get married.

Ian

californian

I should have made that clear. I thought that OP was confused regarding the Visa Waiver Program.

Marocco

If married to a BC you can apply for citizenship on the day you are granted ILR or permanent residency.

BritishGuy36

Errr...no.

http://www.ukba.homeoffice.gov.uk/br...tnerofcitizen/

Marocco

which doesn't contradict what I said.

californian

I think you will find it does - under "Residential Requirements"

"have been present in the United Kingdom three years before the date of your application" (you can apply for IDL two years after you obtain a Marriage Visa)

Furthermore this area of the website reiterates what happens after the 2 year marriage visa. It states that the spouse can apply for a Settlement Visa --- but doesn't say anything about being able to naturalise at that point.