Miranda3

Hi,

Can someone point me to some information about marrying my British fiance in the UK, but with a view to us settling in the US. I have dual nationality (Swiss and US), but live (was born) in the US.

I assume that we can marry in the UK (He is a British national) without any real problems because of my Swiss national status, but what would this mean (if anything) for him moving to the US to live here with me?

Thank you!

Bob

Welcome to BE

If you want to get married in the UK, you'd need a fiance visa to enter the UK to get married, won't be able to get a marriage license these days other wise.

As for moving to the US once married, there's a few threads you can search out as well as the wiki to give you an over head view of the process, CR-1 would be better than K3 visa.

http://britishexpats.com/wiki/CR-1

ian-mstm

Is this still true for EUC's? I don't know, so I'm curious.


Yup... 100% right on that.

Ian

meauxna

Hi Miranda,

I can't make out if you need a visit to marry visa for the UK or not..
http://www.hackney.gov.uk/marriage-a...d-ceremony.htm

It's poorly worded there, but if you do not need one, you go there and get married. It won't affect him moving to the US based on a petition from you.

Bob

Nope, but then Switzerland ain't a part of the EU either.

meauxna

I think they are included in not needing the permit:

"Information for Foreign Nationals intending to marry in the UK

EEA countries are those listed below. Nationals from these countries are not subject to immigration control.

Austria, Belgium, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Irish Republic, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovak Republic, Slovenia, Spain, Sweden, Switzerland*, United Kingdom

*Switzerland is not an EEA country but Swiss nationals have the same free movement as EEA nationals

Foreign nationals other than those from a European Economic Area (including Switzerland), cannot be married in the UK unless they fulfil certain requirements."

meauxna

Should've just gone to the source.

http://www.ukvisas.gov.uk/en/howtoap...sitors#9248746

Can I get married or register a civil partnership in the UK?
If either you or your future husband, wife or civil partner are not EEA (European Economic Area) or Swiss nationals, you can visit the UK together to get married or register a civil partnership as long as you intend to leave the country within six months. If you wish to marry and live in the UK please see Guidance - Husbands, wives and partners (INF 4).

Everyone coming to the UK to get married or to register a civil partnership (except EEA and Swiss nationals) must get a visit for marriage or visit for civil partnership visa.



And it *still* won't affect his migration to the US.

Miranda3

Thank you so much for all of your replies!
I really appreciate the time you took and the research you all did. It has helped clear up a few things.

Linda

BritishGuy36

Interesting thread.

Shame that we'll all have forgotten the answer by the time we next need it.

Miranda3

lol!

I have another question please. We read on a government site that in order for me (a U.S. citizen) to bring in a foreign spouse to the U.S., I have to be making an income of at least 25% above the poverty line, which I am not at the moment. Is this true?
I am an RN returning to work next year, so it shouldn't be a problem
if they only require a pay stub, since I plan to be back to work at least a couple months before the marriage.
But if they require a federal income tax statement that I made that much for the year, I won't have proof of that until April 2011!

Also, would assets (home-ownership) and investments (mutual funds) help in this case?

meauxna

Miranda, the forms for you to download and start reviewing are I-864 and I-864P.
At the time you file it, your annualized income needs to be at/above the 125% of poverty guideline for your household (currently +/- $18000).
You will file that form when your (then) husband applies for his visa, which will be some 6 or so months after you file the petition I-130, which happens when you have your marriage certificate.

Hopefully you already know that the visa petition + application are not an instantaneous act; it will take about 8-10 months from filing to visa.

Your assets (home equity + investments) can be used if your income isn't sufficient. However, it sounds like your income will probably be fine. You don't have to wait until you have filed the income tax return to 'prove' a full year's income.
The income tax return(s) is included as a separate but related requirement.

If you have taken some time off of work, you can include past years' returns to show that you have earned at/above the povertly guideline in the past, and provide an explanation for your time off. I did something very similar.


Form links:
I-864
I-864P

ian-mstm

Yes... and no. Which is to say... if you don't have income at 125% of the poverty level, you can also use assets at 3x the shortfall, or you can get a joint sponsor who does meet the income requirements and that person will do the trick for you. If, for example, it's only the two of you, then you need to earn about $18,500/year. If you only earn $15,000/year, then you are $3,500 short and so need $10,500 in assets to make up the difference ($3,500 x 3).


They will require copies of your tax returns, but current income is what's important... not what you made last year or before that.


Although we've seen instances recently when a primary residence was not allowed to meet the requirements, certainly your investments would help.

Ian

Miranda3

Thank you so much, this is great info.

All of the info and links we've been provided here have been invaluable and have taken a load of my mind!

Thanks from both of us.