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-   -   Marriage in the US and return to UK (https://britishexpats.com/forum/marriage-based-visas-35/marriage-us-return-uk-441394/)

Niggles80 Apr 11th 2007 3:09 pm

Marriage in the US and return to UK
 
Many thanks for these forums - really useful and much appreciated.

I (a Brit) live in the UK with my fiancee (US Citizen) who is here on a student nurse visa (soon to be turned into a work permit and visa through the highly skilled migrants programme). Later this year we intend to tie the knot in Baltimore, MD.

I have read on these forums that I can enter and leave the US to do this on the visa waiver programme. The only trouble is I can not find anything in the US Embassy or State Dept sites on visa programmes that says this is ok. Does anyone has a reference to set my mind at ease, or am I better off getting a B-2 visa.

Secondly is the issue of our return to the UK. I think it's easy enough to book an appointment at the Consular in NY and get a spouse visa. However, she intends to take my last name so we would also need a new passport. Anyone any experience with this or are we best off leaving the passport as is and getting this changed and the visa transferred to a new passport when we are back in the UK? I also plan to take her on a honeymoon in the Caribbean before coming back to the UK - are we setting ourselves up for too much hassel between the wedding and honeymoon? Any help and advice gratefully received.

Regards,

Niggles.

Tracym Apr 11th 2007 3:32 pm

Re: Marriage in the US and return to UK
 

Originally Posted by Niggles80 (Post 4626862)
Many thanks for these forums - really useful and much appreciated.

I (a Brit) live in the UK with my fiancee (US Citizen) who is here on a student nurse visa (soon to be turned into a work permit and visa through the highly skilled migrants programme). Later this year we intend to tie the knot in Baltimore, MD.

I have read on these forums that I can enter and leave the US to do this on the visa waiver programme. The only trouble is I can not find anything in the US Embassy or State Dept sites on visa programmes that says this is ok. Does anyone has a reference to set my mind at ease, or am I better off getting a B-2 visa.

Secondly is the issue of our return to the UK. I think it's easy enough to book an appointment at the Consular in NY and get a spouse visa. However, she intends to take my last name so we would also need a new passport. Anyone any experience with this or are we best off leaving the passport as is and getting this changed and the visa transferred to a new passport when we are back in the UK? I also plan to take her on a honeymoon in the Caribbean before coming back to the UK - are we setting ourselves up for too much hassel between the wedding and honeymoon? Any help and advice gratefully received.

Regards,

Niggles.

Getting married on the VWP is fine. You just have to provide the POE officer (if he asks) for enough evidence that you intend to return to the UK. Getting a B-2 visa would not help imo. A visa is not a guarantee to be allowed to enter - the same issues would exist.

Sorry, I have no idea re. the UK half of things.

hcj1440 Apr 11th 2007 4:04 pm

Re: Marriage in the US and return to UK
 
http://www.usembassy.org.uk/cons_new...rriage-us.html

"If you will travel to the United States to marry and return to your permanent residence abroad, you will require a tourist (B-2) visa, or if eligible may travel visa free under the Visa Waiver Program (VWP). However, if you intend taking up permanent residence after the marriage ceremony, you will require a fiancée (K-1) visa."

FlyergirlUK Apr 11th 2007 4:55 pm

Re: Marriage in the US and return to UK
 

Originally Posted by Niggles80 (Post 4626862)
I think it's easy enough to book an appointment at the Consular in NY and get a spouse visa.

You can book an appointment up to two weeks prior, not before then. You will have to do this online at britainusa.com - all instructions can be found there also wrt. getting a spouse visa.


However, she intends to take my last name so we would also need a new passport. Anyone any experience with this or are we best off leaving the passport as is and getting this changed and the visa transferred to a new passport when we are back in the UK?
I don't know how long it would take to get a passport in the new name but transferring a visa costs - I'm not sure how much, the IND site probably has the info though. She can travel on the passport in her former name, having a passport in her married name is not essential.


I also plan to take her on a honeymoon in the Caribbean before coming back to the UK - are we setting ourselves up for too much hassel between the wedding and honeymoon?
Depends on how stressed you like being, particularly if you have to wait any length of time for your marriage certificate then the name change on the passport, (plus you'll have to book tickets in the name on that passport) and then getting the visa all before the honeymoon, mind you, the honeymoon would be perfect for chilling out after all the stress!! :p

You might want to check out uk-yankee.com for others who are going or have been through this process.

Best of luck!

James Box Apr 11th 2007 5:26 pm

Re: Marriage in the US and return to UK
 
This is what we did. VWP is fine. I didn't tell the POE officer I was getting married, but then he never asked. Always tell the truth and documents to back up that you intend to live in the UK doesn't hurt*.

Your wife doesn't need to change her passport right away. You can do it later in the UK and all that happens is that she'll get a stamp saying her name has changed. There's no need to get the visa transferred unless the passport is expiring.

If you don't leave enough time between getting married and your flights out of there you could have problems. After getting married, you'll need to get your marriage certificate certified by the local government office. Then you take that and all the documents required for a UK Spousal visa to the British consulate and she should get her UK visa the same day. (* the documents you need here should be all the evidence a POE officer needs)

We flew to our honeymoon prior to returning home and had way too much luggage with us!

FlyergirlUK Apr 11th 2007 5:38 pm

Re: Marriage in the US and return to UK
 

Originally Posted by James Box (Post 4627363)
...all that happens is that she'll get a stamp saying her name has changed.

I have heard that they don't do that anymore. The US Embassy site is the best place to check wrt. name changes on passports. Have a look here.

James Box Apr 11th 2007 6:07 pm

Re: Marriage in the US and return to UK
 

Originally Posted by FlyergirlUK (Post 4627397)
I have heard that they don't do that anymore. The US Embassy site is the best place to check wrt. name changes on passports. Have a look here.

Indeed so. Thanks for the update!

Bob Apr 11th 2007 8:48 pm

Re: Marriage in the US and return to UK
 
don't need a new passport, a copy of marriage certificate would do with the passport.

snowbunny Apr 11th 2007 8:50 pm

Re: Marriage in the US and return to UK
 

Originally Posted by Bob (Post 4628357)
don't need a new passport, a copy of marriage certificate would do with the passport.

It wouldn't be machine readable though....

Elvira Apr 11th 2007 8:51 pm

Re: Marriage in the US and return to UK
 

Originally Posted by snowbunny (Post 4628373)
It wouldn't be machine readable though....

They just need to make sure that the name on the ticket matches the name in the passport...

Niggles80 Apr 11th 2007 10:39 pm

Re: Marriage in the US and return to UK
 
Hey guys and galls,

Thanks so much for the constructive replies. Please keep them coming.

Niggles.

PS. I still have a valid A2 visa - does this make a difference. Should I enter on this?

Silly Sod Apr 11th 2007 10:57 pm

Re: Marriage in the US and return to UK
 

Originally Posted by Tracym (Post 4626920)
Getting married on the VWP is fine. You just have to provide the POE officer (if he asks) for enough evidence that you intend to return to the UK. Getting a B-2 visa would not help imo. A visa is not a guarantee to be allowed to enter - the same issues would exist.

Sorry, I have no idea re. the UK half of things.

Just go on the WVP and take it from there. If you intend to return to the UK after you marry you are not breaking any law. Though it is a vague area anyway. If you intend to enter and marry and not leave you are commiting a crime. But then again, if you entered with every intention of marrying and then going home, but then changed your mind a week later you have not broke the law. Basically, it is a stupid un-enforcable type of thing and they (at POE) have more important things on their minds. Loads of people enter on WVP - marry and then apply for a change of status. It is unadvisable to lie to anybody of course and I am not suggesting you do but, so long as your suitcase isn't ticking and you aren't wearing a wedding dress they probably wnt even look at you in most places.

(PS - don't mention any of this to anyone else on BE - they get very P-O'd at the thought of anybody getting in without spending ten years worrying and ten grand in the process - you didn't hear it from me though - wink wink) :)

Niggles80 Apr 11th 2007 11:05 pm

Re: Marriage in the US and return to UK
 
Thanks - but thats the thing - we do plan to come to back to the UK as I am employed and happy and so is my bride (come June 1st).

Please - no more dodgy tips - You can tell from the A2 visa that I am 'by the book' - so, any one have any doc evidence or is it all 'depends on your circumstances- or 'subject to restrictions'?

Cheers,

Niggles out.

Noorah101 Apr 11th 2007 11:12 pm

Re: Marriage in the US and return to UK
 

Originally Posted by Niggles80 (Post 4629265)
Thanks - but thats the thing - we do plan to come to back to the UK as I am employed and happy and so is my bride (come June 1st).

Please - no more dodgy tips - You can tell from the A2 visa that I am 'by the book' - so, any one have any doc evidence or is it all 'depends on your circumstances- or 'subject to restrictions'?

You mean documents to have on hand at the POE to show you have no immigrant intent? A letter from your employer stating when you need to be back at work, even a letter from HER employer saying when SHE is expected to show up at work....mortgage or apt lease, proof of funds to cover your stay....

Only show docs if asked specifically, otherwise just answer briefly whatever they ask.

Rene

hcj1440 Apr 12th 2007 1:05 am

Re: Marriage in the US and return to UK
 

Originally Posted by Niggles80 (Post 4629265)
so, any one have any doc evidence or is it all 'depends on your circumstances- or 'subject to restrictions'?

I quoted you what the US consulate website (UK one) said in post #3. They said VWP is the appropriate "visa" to use for your purposes.


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