LondonSox

Hi all,
I've been reading these threads but I was hoping someone could offer me some advise/ lower my concerns!

I lived under an H1B visa in the US from 2002 to 2005, in New York, while there I met my finance who moved with me to the UK and we've been living together here since.
Next year we're planning to get married in the US (in Philly) but NOT plannin on staying there at this time.
Increasingly though we are discussing moving back in the not to distant future, at least 18months from now and 6mths after the wedding.

My questions are:
1) As I'm not planning to stay do I need any kind of Visa to get married, I was planning to marry under a usual Visa Waiver, but seems like a risk if there are any issues! Should I apply for a K1 or other Visa for the wedding?

Having read some info on the K1 it looks like this is when you move to the US to marry and stay, not if you are not staying but I'm not clear.

2) Given we are likely to want to move to the US eventually, is it better to marry under k1 etc visas due to it being a cleaner way.
I'm concerned that if I get married under the visa Waiver or similar then it could make it harder to move to the US later

I already have a SSN and bank accounts etc from my previous living in the US, not sure if that is remotely helpful or relevent.

notacrime

VWP should work for you. Just make sure you bring some documentation proving that you will return to the UK after the wedding (rental agreement, bank account info, return flight etc.) The fact that you are traveling with a US citizen fiance could raise some red flags to the officer at the point of entry, so you should be prepared to explain your situation and provide such evidence. But there shouldn't be any problems.
Yes, that's right. K1 is not what you need here unless you are planning to make the move permanently, ie. not return to the UK after the wedding.
No.
It won't.
Not relevant to this situation.

Now would be a good time to familiarize yourself with the CR-1 immigration process that you will need to follow when you wish to move to the US (once you are back in the UK after the wedding.) The process will take about 8 months so you might want to start that process as soon as you are back from the wedding. Check the wiki (linked above) for more info on CR-1.

Good luck.

ian-mstm

It is perfectly *LEGAL* to get married while you're on the VWP. You don't need any specific visa.


Your understanding is correct.


How/where you marry is irrelevant. What is important is that there is a proper basis for a visa. Whether it's a K-1 or CR-1 spouse visa is irrelevant... as long as the basis exists.


It will not make it more difficult.


It is irrelevant for your situation.

Ian

eastender

I was in a similar situation to yours.

Married my USC spouse on a VWP and brought her back to the UK on a UK spousal visa.

Was a little nervous about what US POE might say going in to get married, so brought plenty of evidence of ties to UK just in case (lease, bank statements, job stuff, OH's UK visa etc).

jeffreyhy

LS,

You are not getting married "under the visa Waiver". As others have explained to you, you don't need any particular type of visa to get married in the USA. If you're in the USA you can get married in the USA. How you got here and your immigration status are irrelevant.

The SSN might be remotely helpful. You will undoubtedly be asked for a SSN on the application for a marriage license, having one will save you the potential hassle of educating a town clerk who may mistakenly believe that you have to have one to get the license.

Regards, JEff