British Expats

British Expats (https://britishexpats.com/forum/)
-   Marriage Based Visas (https://britishexpats.com/forum/marriage-based-visas-35/)
-   -   Marriage Application/Visa? (https://britishexpats.com/forum/marriage-based-visas-35/marriage-application-visa-879248/)

.Tony_UK Jun 22nd 2016 12:23 am

Marriage Application/Visa?
 
Hello,

My fiancée (American) and I (British) have been together for four years now and visiting eachother back and forth constantly, anyway on my last trip to des moines a few weeks ago I asked her to marry me and all went well, however now I am home we are in the process of thinking about everything we need to organise and do to make this happen, does anybody have a step by step guide or any advice on things to do first, etc.? We would greatly appreciate the help from those of you who have been in our situation.

I am hoping to move there in the next year or two fyi, we will be getting married in Iowa if that matters in how we should apply.

Thanks all.

augigi Jun 22nd 2016 12:49 am

Re: Marriage Application/Visa?
 
Yes lots, did you read the forum so far?

PS: Congrats

.Tony_UK Jun 22nd 2016 12:53 am

Re: Marriage Application/Visa?
 

Originally Posted by augigi (Post 11980028)
Yes lots, did you read the forum so far?

PS: Congrats


Hi Augigi, thanks!

Yes I have but all of the jargon is confusing and I don't know exactly what to do first to get the ball rolling or how long a marriage application takes... do I have to go to the US embassy in London, does my fiancée have to come along?

Wintersong Jun 22nd 2016 1:30 am

Re: Marriage Application/Visa?
 
You can marry at any time within the US while travelling on the VWP, so long as you leave the country again afterwards. You can then apply for the CR-1 visa to move permanently: CR-1 : British Expat Wiki

Alternatively, you could apply for the K1 visa and get married after it's been issued and you've moved to the US: K1 : British Expat Wiki

When you say "how long a marriage application takes..." are you referring to the marriage or to the visa? I'm assuming you're referring to the visa so the first thing for you to do would be to determine which visa you'll be applying for. If you were, in fact, referring to the marriage, this may help: How to Get a Marriage License (USA) (with Pictures))

.Tony_UK Jun 22nd 2016 1:43 am

Re: Marriage Application/Visa?
 

Originally Posted by Wintersong (Post 11980044)
You can marry at any time within the US while travelling on the VWP, so long as you leave the country again afterwards. You can then apply for the CR-1 visa to move permanently: CR-1 : British Expat Wiki

Alternatively, you could apply for the K1 visa and get married after it's been issued and you've moved to the US: K1 : British Expat Wiki

When you say "how long a marriage application takes..." are you referring to the marriage or to the visa? I'm assuming you're referring to the visa so the first thing for you to do would be to determine which visa you'll be applying for. If you were, in fact, referring to the marriage, this may help: How to Get a Marriage License (USA) (with Pictures))

Thanks Wintersong :)

So do I have to inform anybody of my intentions of marriage when I arrive under the VWP? any form to fill in, etc?

Is applying for a marriage licence in the states different because I'm not a US citizen or the same as everybody else?

I was asking how long incase I had to apply for a special marriage visa.

You have been a great help so far, thank you.

ian-mstm Jun 22nd 2016 1:46 am

Re: Marriage Application/Visa?
 

Originally Posted by .Tony_UK (Post 11980006)
... we are in the process of thinking about everything we need to organise and do to make this happen...

Basically, you have two choices - a K-1 (fiancé) visa or a CR-1 (spouse) visa. Both have their pros and cons. Start here.

Both visas take about the same length of time - roughly 8-10 months from start (USC submits a petition) to finish (UKC gets the visa). With a CR-1 visa, you must be married first before you can begin the process... however, it is less expensive overall and you will become a US permanent resident (PR = green card) the day you enter the US with your visa, and can live/work in the US. With a K-1 visa, you must first get the visa and then marry in the US within 90 days of entry. After marriage, you must then apply to adjust your status to become a PR. The advantage to the K-1 is that you can start the process now because you don't need to be married first. However, the K-1 visa is a bit more expensive and you won't have permission to work for about 4 months after entry.

As I said, both have their pros/cons. Read the link I provided and then decide where you want to get married (US/UK/elsewhere)... because that will largely determine the path you take.



... all of the jargon is confusing...
Yes, it is - but you must try to understand because it's going to be with you for a very long time.



So do I have to inform anybody of my intentions of marriage when I arrive under the VWP? any form to fill in, etc?
No.



Is applying for a marriage licence in the states different because I'm not a US citizen or the same as everybody else?
Not really, no. However, every state has its own rules, so once you know where you're going to marry - check the state's web site for info.

Ian

Pulaski Jun 22nd 2016 1:57 am

Re: Marriage Application/Visa?
 

Originally Posted by .Tony_UK (Post 11980052)
..... So do I have to inform anybody of my intentions of marriage when I arrive under the VWP? any form to fill in, etc? .....


Originally Posted by ian-mstm (Post 11980057)
.... No. ....

In fact I always recommend that you avoid telling the immigration officer of your intention to get married during your VWP visit, unless, of course, you are directly asked if you're going to get married. It is totally legal (and I married a USC when I was on a VWP myself) and in any case there is no visa available to marry and then leave the US again, but the immigration officers can be a right royal PITA. For this reason I also recommend clearing immigration at a large airport with many international flights, such as JFK or EWR, where you will likely be stamped in with nary a second glance.

The only time I ever had trouble was when I arrived at Podunk International and the immigration officer got it into his head that I was going to get married (I wasn't), but I made dämn sure not to arrive at that airport when I did finally come to get married!

Wintersong Jun 22nd 2016 4:18 am

Re: Marriage Application/Visa?
 

Originally Posted by .Tony_UK (Post 11980052)
Thanks Wintersong :)

So do I have to inform anybody of my intentions of marriage when I arrive under the VWP? any form to fill in, etc?

Is applying for a marriage licence in the states different because I'm not a US citizen or the same as everybody else?

I was asking how long incase I had to apply for a special marriage visa.

You have been a great help so far, thank you.

Unlike the UK, the US doesn't have a visa requirement for marriage, so long as your intention is to leave the US after the wedding.

I forgot to say congrats on your engagement!


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