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-   -   Obtaining US Citizenship Via Marriage? (https://britishexpats.com/forum/marriage-based-visas-35/obtaining-us-citizenship-via-marriage-465988/)

britpunk101 Jul 13th 2007 9:37 pm

Obtaining US Citizenship Via Marriage?
 
OK, so i'm due to move out to Tulsa, OK in the states and marry my partner in august. We aren't getting married till October but a travellers visa only gives you 90 days. How would you get citizenship/a spousal visa? Does marrying a citizen automatically give you rights to citizenship? Can anyone talk me through the process and give time estimates etc?

Elvira Jul 13th 2007 9:52 pm

Re: Obtaining US Citizenship Via Marriage?
 

Originally Posted by britpunk101 (Post 5051746)
OK, so i'm due to move out to Tulsa, OK in the states and marry my partner in august. We aren't getting married till October but a travellers visa only gives you 90 days. How would you get citizenship/a spousal visa? Does marrying a citizen automatically give you rights to citizenship? Can anyone talk me through the process and give time estimates etc?

1st things first:

http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD

clover Jul 13th 2007 10:01 pm

Re: Obtaining US Citizenship Via Marriage?
 
I take it he`s a US citizen. Then you will need a KI fiance visa which only gives you 90 days to tie the knot once you arrive.
I`m in the same position right now but didn`t do my homework and got married on an impulse while here on a visa wavier I-94w. Which looks like its going to be a long bumpy ride with US immigration services.
GOOD LUCK

Boiler Jul 13th 2007 10:08 pm

Re: Obtaining US Citizenship Via Marriage?
 
The partner was a girl, the same sex.

Is this a different opposite sex partner?

fatbrit Jul 13th 2007 10:31 pm

Re: Obtaining US Citizenship Via Marriage?
 

Originally Posted by britpunk101 (Post 5051746)
OK, so i'm due to move out to Tulsa, OK in the states and marry my partner in august. We aren't getting married till October but a travellers visa only gives you 90 days. How would you get citizenship/a spousal visa? Does marrying a citizen automatically give you rights to citizenship? Can anyone talk me through the process and give time estimates etc?

You have a LOT of homework to do before you start. Unfortunately your post touches areas where even the brave are reluctant to tread. Do plenty of research by reading posts in the marriage forum (http://britishexpats.com/forum/forumdisplay.php?f=31) and then come back and ask a sensible question.

fatbrit Jul 13th 2007 10:33 pm

Re: Obtaining US Citizenship Via Marriage?
 

Originally Posted by clover (Post 5051840)
I take it he`s a US citizen. Then you will need a KI fiance visa which only gives you 90 days to tie the knot once you arrive.
I`m in the same position right now but didn`t do my homework and got married on an impulse while here on a visa wavier I-94w. Which looks like its going to be a long bumpy ride with US immigration services.
GOOD LUCK

Why so? You follow the same path as many. As (I think) Boiler said: You see a few VWP->AOS rejections and you see the occasionally lottery winner. Thought it summed it up beautifully.

Bob Jul 13th 2007 11:13 pm

Re: Obtaining US Citizenship Via Marriage?
 
Marriage to a USC only means you've got to have had the greencard for 3 years minus 90 days before being able to apply for citizenship, that's if your still married and in the relationship at that time, as well as meeting the continual residence requirements etc.

If you have intent to marry and then AOS, that wouldn't be allowed on the VWP, but if you didn't have the intent to stay when you entered, you could.

Depending on your situation, might want to look at the K1/K3/DCF etc.

britpunk101 Jul 15th 2007 1:07 pm

Re: Obtaining US Citizenship Via Marriage?
 

Originally Posted by clover (Post 5051840)
I take it he`s a US citizen. Then you will need a KI fiance visa which only gives you 90 days to tie the knot once you arrive.
I`m in the same position right now but didn`t do my homework and got married on an impulse while here on a visa wavier I-94w. Which looks like its going to be a long bumpy ride with US immigration services.
GOOD LUCK

he is a US citizen, i'm a british citizen. i know a travellers visa gives you 90 days from the day you enter the country. if i get married before the 90 days is up does that allow me to file for a green card or citizenship after a certain amount of time?

i want to avoid long bumpy rides with immigration and make it as smooth hassle free as possible.

any help would be appreciated, i dont know anything about immigration hence why i ask here. and the questions may seem stupid to you but i needto know, thank you

Elvira Jul 15th 2007 1:58 pm

Re: Obtaining US Citizenship Via Marriage?
 

Originally Posted by britpunk101 (Post 5057004)
he is a US citizen, i'm a british citizen. i know a travellers visa gives you 90 days from the day you enter the country. if i get married before the 90 days is up does that allow me to file for a green card or citizenship after a certain amount of time?

i want to avoid long bumpy rides with immigration and make it as smooth hassle free as possible.

any help would be appreciated, i dont know anything about immigration hence why i ask here. and the questions may seem stupid to you but i needto know, thank you

So many people have asked this question before - why not do a search?

You are not allowed to adjust status from the VWP if you already had immigrant intent at the time you entered.

You get married and make sure you return before your I-94 expires, i.e. 90 days.

Your husband files the paperwork for your immigrant visa. Did you even LOOK at the link I posed earlier?

The alternative, as Bob said, is for him to file for a K1/fiance visa, which allows you to enter, get married, and file for AOS.

Your choice.

meauxna Jul 15th 2007 6:48 pm

Re: Obtaining US Citizenship Via Marriage?
 

Originally Posted by britpunk101 (Post 5057004)
he is a US citizen, i'm a british citizen. i know a travellers visa gives you 90 days from the day you enter the country. if i get married before the 90 days is up does that allow me to file for a green card or citizenship after a certain amount of time?

i want to avoid long bumpy rides with immigration and make it as smooth hassle free as possible.

any help would be appreciated, i dont know anything about immigration hence why i ask here. and the questions may seem stupid to you but i needto know, thank you

No, I would suggest you don't know squat, based on your use of language. There isn't any such animal as a 'traveler's visa' and if you are a British citizen, you don't use a visa for a VISIT anyway. :)

Forget 'citizenship' for now, it is a long way off for you. What you want is to be an immigrant to the US, and eventually a Permanent Resident. You can use those terms to start your research.

Foreknowledge is the key to avoiding long bumpy rides with immigration.

If you do not know 'anything' about immigration, then I strongly suggest that you NOT immigrate until you know how to do it properly.

It is ILLEGAL to immigrate on a visitor 'visa' (or Visa Waiver Program).
The word for someone who is promised to marry is 'fiance' or 'fiancee'. There is a visa for that specific purpose. There is in fact, an explanation of how to get on in the Wiki here at BE: http://britishexpats.com/wiki/K1

britpunk101 Jul 15th 2007 8:43 pm

Re: Obtaining US Citizenship Via Marriage?
 

Originally Posted by meauxna (Post 5058114)
No, I would suggest you don't know squat, based on your use of language. There isn't any such animal as a 'traveler's visa' and if you are a British citizen, you don't use a visa for a VISIT anyway. :)

Forget 'citizenship' for now, it is a long way off for you. What you want is to be an immigrant to the US, and eventually a Permanent Resident. You can use those terms to start your research.

Foreknowledge is the key to avoiding long bumpy rides with immigration.

If you do not know 'anything' about immigration, then I strongly suggest that you NOT immigrate until you know how to do it properly.

It is ILLEGAL to immigrate on a visitor 'visa' (or Visa Waiver Program).
The word for someone who is promised to marry is 'fiance' or 'fiancee'. There is a visa for that specific purpose. There is in fact, an explanation of how to get on in the Wiki here at BE: http://britishexpats.com/wiki/K1

I understand i need a K1 visa, but how long am i allowed to reside in the country after marriage? Do i have to leave after i'm married and wait for a work permit/green card? or can i stay there and work once married? i knew it would be complicated hence why i asked your help! :P

meauxna Jul 15th 2007 8:53 pm

Re: Obtaining US Citizenship Via Marriage?
 

Originally Posted by britpunk101 (Post 5058658)
I understand i need a K1 visa, but how long am i allowed to reside in the country after marriage? Do i have to leave after i'm married and wait for a work permit/green card? or can i stay there and work once married? i knew it would be complicated hence why i asked your help! :P

I will cut you *some* slack since this step is not fully spelled out in the wiki:

Once the K-1 visa is issued, the applicant has 6 months to use it to enter the USA. The K-1 visa is a 1-time-entry only visa, and the couple must get married in the USA within 90 days of the K-1's entry.

After the couple is married and they have the certified copy of the marriage certificate in hand, the foreign spouse can apply for Adjustment of Status to Permanent Resident (AOS), which can also include Work Authorization (EAD) and Advance Parole (AP) for travel.

Approval at the AOS interview will result in either a 2-year or 10-year green card. Two-year green card if the marriage is less than 2 years old at the time of approval. Ten-year green card if the marriage is over 2 years old at the time of approval.

Retrieved from "http://britishexpats.com/wiki/K1"

Seriously, this is written up all over the internet.. do some searching.

It's been spelled out for the current steps at www.familybasedimmigration.com
Go. Read. Come back with questions after some research.

Rete Jul 15th 2007 10:56 pm

Re: Obtaining US Citizenship Via Marriage?
 

Originally Posted by britpunk101 (Post 5057004)
he is a US citizen, i'm a british citizen. i know a travellers visa gives you 90 days from the day you enter the country. if i get married before the 90 days is up does that allow me to file for a green card or citizenship after a certain amount of time?


Sure it does, IF YOU ARE PLANNING ON LEAVING THE US AFTER THE MARRIAGE AND HAVING YOUR THEN HUSBAND FILE FOR YOU WHILE YOU ARE WAITING IN THE UK FOR YOUR IMMEDIATE RELATIVE VISA.

However, if you intend as you stated to enter the US to marry and REMAIN IN THE US WITHOUT LEAVING AFTER THE MARRIAGE to adjust status, than your rode is going to be very bumpy and if you hit on bump in particular it means you will be denied adjustment and deported from the US.

May I suggest that your USC fiancee have a one time consultation with a qualified immigration attorney regarding your marriage and adjustment. If you want a truly unbumpy ride, have him apply for a fiancee visa for you.

BTW there is no just animal as a traveller's visa. You are Brit. You do not require a visa. You enter the US under the Visa Waiver Program.


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