Dekan1s3

Hi

I am a UK citizen currently living in the UK and my fiancé is a US citizen living in Virginia, we planned to get married in the USA and then apply for a spouse visa for my fiancé to move and reside in the UK permanently, however with the current logistical challenges we want to make sure we have considered all options.

It seems there is no restriction to marry a US citizen while in the US on my ESTA unless I intended to apply for a green card or K1 application which I am not, but as we will be applying for a UK spouse visa do you foresee any issues or is there something I need to do outside the spouse visa application to prepare for example a certificate of no impediment?.

If the borders do not open we may consider marrying in another country such as Bermuda, has anyone tried this or come across any issues with UK Spouse visa applications when not marrying in UK ?

Thanks

Dekan

civilservant

A US based marriage is recognized in the UK. The reverse is also true.

To get married in the US, you do not need a special visa, unlike the UK.

Any 'legal' marriage performed in most countries would be recognized, but you would need to check the UK regulations for that specific country.

S Folinsky

General choice of law rule: a marriage is recognized as valid if valid at the place of celebration.

Pulaski

Agreed, that is pretty much how it is phrased in the UK too.

[Note to Dekan1s3: S Folinsky is a US lawyer, so (I assume) largely talking above about US law, but as is often the case, the same prinicple applies in the UK.]

If any other supporting evidence is needed, I am a British citizen who married a USC in Viriginia, and then used that Virginian marriage license (certificate) to support a spouse visa for my wife to live in the UK.

S Folinsky

I used the word “generally” because the issues can get complicated. In the international context, the magic word is “comity.” The issues can get quite interesting when there is a prior marriage terminated by a dodgy divorce. Generally, the question then becomes does the place of celebration of the subsequent marriage recognize the prior divorce.

Rather than “comity,” the magic words between the individual states of the US is “full faith and credit.” But there was a bigamy prosecution in North Carolina that went up to the US Supreme Court twice in the 1940’s (Williams v NC). State lost first time but won the second.

Dekan1s3

Thank you all for the detailed feedback, it has really helped us gain some perspective and direction. Much appreciated. !

Pulaski

You're welcome.

Dekan1s3

So, just to add some more complexity to our scenario. My USC fiance is actually pregnant due on 4th Dec, its possible we will not manage to get married , and complete the spouse visa in time for her to be able to travel to the UK and have the baby in UK . There is a high probability now that the birth will be in America. My problem is how I can be there for the birth and to take on caring duties as she has no support network from family or friends in the USA. If she has the baby in the USA would then aim to fly back the UK early next year . All I have at the moment is an ESTA and wondered if my situation would qualify me to any exemptions to entry into USA, I am just trying to see if there is a correct way I can communicate this to say, the embassy so they consider my request ( or do I apply for a particular visa?).

civilservant

No, there are no exceptions for non spouses. The presence of an imminent birth of an AmCit changes nothing.

You use your ESTA. You certainly aren't going to get a B.

This is also not a reason to submit/be granted an expedite on your K1, just FYI.

SanDiegogirl

There is no way you are going to get married, obtain a spouse visa and your then wife move to the UK to have the child by 4th December, unless you are able to pay for priority service - and currently many offices are still closed - not withstanding that there is a cut off time for pregnant women to fly.

Errol

Would this work?

Obtain a UK Fiance visa which means you must marry in six months. That visa can be converted to a spousal visa in the UK

You will pay for two visa's

IF you can manage priority service, you might be able to get her into the UK in time

Errol

Pulaski

No, Per SanDiegoGirl above, the fact that the fiancée is pregnant and due on December 4 means that she won't be allowed to fly, IRC after October 4, and there is no hope in hé11 of her getting a fiancée visa in the next 47 days.

Dekan1s3

Hi, thank you for spending some time thinking about my situation. Realistically having the baby in the UK is probably no longer an option due to VISA fast track not being available vs the flying limitations so I am trying to see if either of the following is worth following up. The other issue is that if we are not classed as married my fiance can not use the NHS in the UK so it would cost a huge amount to have the baby in the UK.
1) On the ESTA E-Visa website it states Travel Ban : The Trump government currently does not exclude travellers based on their nationality, but it does so based on their travel history. The travel ban means that no travellers will be allowed on US territory who in the last 14 days prior to their trip have been to the UK, Ireland or any of the listed countries below ( it then states the countries).
So my question is that if I managed to fly to a country not listed and stayed for 14 days then travelled to the USA would I be let in with an ESTA? It is plausible?
2) Or if we get married in a country that allows both UK and USA travellers then I would be a spouse? Would this not qualify me under sec 2 Scope of Suspension and Limitation on Entry so Section 1 of Trumps proclamation shall not apply to :
ii) Any alien who is the spouse of a US citizen or lawful resident
3) Or more ambiguously item iii) Any alien who is the parent of a US citizen provided that the US citizen is unmaried and under the age of 21, so worse case when the baby is born in America I can at least use my ESTA?

another though is, if we were able to me married in another country my then Spouse could fly to the UK and use the NHS .
I'm just clutching at straws and brainstorming ideas.

christmasoompa

NHS eligibility is purely residency based, so she would have to be living in the UK to be eligible for treatment at no cost - being married to you would make no difference.

Good luck, I hope you can find a solution.

Errol

You might want to reconsider Bermuda

When the Cunard QM2 on her transatlantic routes (they are suspended at the moment) conducts marriages at sea it is governed under Bermuda Law

The point being, the marriage license is under Bermuda Law which is recognized by the US and the UK and definitely some other countries

Errol