jimcooper

I feel bad even posting this because it seems so typical, but I'm so confused as to what our options are! If anyone can help it would be much appreciated! I am a US citizen getting ready to marry a UK citizen in august....the wedding will take place in the UK. We've taken care of all the legal requirements to get married in the UK, but I'm not sure what my options are to bring her (the UK citizen) back to the states with me. I read the websites and just get completely confused. Please set me straight. Thanks!
Jim

meauxna

Oooh. I feel bad for logging on just now...
Jim: she's not coming back with you right after the wedding.

Plan on 6-9 months to get her an Immigrant Visa. Sorry, pal.

meauxna

OK, sorry, that wasn't very complete at first.
There are two relationships that will benefit your intended:
-A fiance of a USC/United States Citizen aka you
-A spouse of a USC

The process for her to benefit from your relationship involves the USC/you filing a petition to show your citizenship and your relationship to a foreign person. These petitions, I-129f for Fiance and I-130 for Spouse, take some time to be approved. Normally, less than 6 months.

Once approved, the petition is forwarded to the overseas Consulate, where the beneficiary/your intended now has permission to apply for a visa; K-1 for a Fiance or CR-1 for a Spouse. Add another 2-4 months for a London completion.

You have not left time for a Fiance process. Therefore, you will begin the Spouse process once you're married.
The only solution I can offer is that she come to the US, marry in a quick civil ceremony, you start the Spouse process and she may make it here for 6-9 months from now.

There's obviously more detail involved, but that is the simplest way to put it.
Ask away, we'll be happy to chime in!

jimcooper

Thanks for the reply. That's a big blow....obviously. So there's no way to get her here while applying for the visa? And if I try for a quick civil wedding....don't I have to first get the fiance visa? Could a lawyer help me? I can't imagine waiting that long to be with my wife! Thanks for your help...nice to actually be correspond with someone in the know.

andrea874

She can come to the US, get married, and leave again with no problems on the VWP - she's just going to have to prove to the officer at the POE that she is DEFINATELY planning on returning to the UK. Since that is her plan, and she'll be there for at least another six months, I'm sure she won't have too much of a problem proving that, just make sure she has a lot of documentation with her. Personally, if I were you I'd get her over here ASAP to get that done, and get on applying for a K3 visa for her so that she can come back right away. Then you could go over to the UK once its approved have the fancy wedding, and both come back to the US. Its not exactly simple or fast, but nothing is when you're dealing with this stuff, unfortunately.

ian-mstm

A fiance visa, which usually takes 4 - 6 months to get, gives her permission to enter the US *one time only* for the express purpose of marrying a USC within 90 days. She would not be able to simply leave the US immediately thereafter to return to the UK to finish up her affairs.

If you do get married in the UK in August, you're still looking at 6 - 9 months of separation while you file to get her to the US as the spouse of a USC. Either way, there will be a period of separation... would you prefer it be before or after the fact?


A lawyer may help you avoid minor errors wrt filing forms, but he can not speed up the process nor move things along any faster.


Have you considered moving to the UK?

Ian

jimcooper

lawyer or no....sounds like a plan. Thanks so much! .....on that note, would hiring a lawyer: speed things up, insure that it's done right..ie...help me in any way!

jimcooper

Sorry I'm confused again....so I do need a fiance visa to get her here for a quick civil wedding? and that will take 4-6? can we then get married more formally in the UK?

jimcooper

unfortunately...moving to the UK doesn't seem like an option...sounds like it may become more and more appealing

ian-mstm

Yes, a fiance visa (K-1) will get her here so you can get married *with the intent* that she remain in the US to adjust status to a permanent resident. As I said, it'll take 4 - 6 months to get. If, however, she's just coming to get married and then immediately leave again, with or without you, then she doesn't need any visa other than what would be normally required for her to visit the US as on a vacation. You can not have 2 legal weddings - so if you have a legal ceremony in the US you can not have another legal ceremony in the UK. You can have a "blessing" ceremony - but it must not be recognized as legal. That'd be a definite no no.

What's the point though? If she comes on a fiance visa, she can not immediately thereafter leave the US and it'll take 4 - 6 months or more to get advance parole - which gives her permission to leave the US and return without abandoning her intent to become a permanent resident. So it's 4 - 6 months to get the visa, and another 4 - 6 months to get AP - by then, August will have passed and you may miss the UK ceremony.

If the UK wedding date is set then, IMHO, it's probably easier for you to go to the UK as planned, get married, and then file for her to return as the spouse of a USC. If the wedding date is not set, then a fiance visa will allow her to move to the US sooner, you can get married, and after she receives AP you can both return to the UK for a family ceremony. As I said, there will be a period of separation either way - before or after. Your choice.


Ian

andrea874

If shes coming to get married and then LEAVING immediately, she doesn't need a fiance visa. The only reason she would need one would be if she was coming and STAYING. Just make sure she has plenty of proof when she comes for the wedding that she fully intends to go back to the UK.

As for your lawyer question... lawyers dont really speed things up (other than theyre less likely to make mistakes on the forms, but really the forms aren't that difficult), but they can be handy to put your mind at ease

jimcooper

Ok. it's slowly seeping into my simple brain. The wedding date is, unfortunately, set for August 6th. She's busy with school until then...so it sounds like it might make sense for her to come over (without the k-1), get legally married, start the I-130 process, get a "blessing" ceremony in august, and then hopefully the period of waiting is significantly shortened once we are married on all fronts.

Can't tell you both how much I appreciate the patience....always feels like there will be some small detail to snag the process. Thanks.
Jim

jimcooper

to add to that last statement....she would come out ASAP,have a civil wedding, then go back to UK, then I would start the I-130 process

Just Jenney

That sounds like a good plan to me. Definitely a lot quicker than going the K1-then-AP route.

Just wanted to emphasize one point -- If asked upon entry what her intentions are, she should NOT lie. She doesn't necessarily have to volunteer that she's going to get married during her visit -- she can certainly say she is coming over to visit her boyfriend (she is, after all) -- but if they question further whether she is planning on getting married, she should be honest and tell them the truth, but also be prepared to prove that she intends to return to the UK before her VWP expires. This proof can be in a variety of forms: return ticket, apartment lease, university enrollment docs, letter from employer re date she will return to work, etc.

Also, she does not have to turn around and leave the day after the marriage -- just as long as she leaves before the I-94 in her passport expires.

~ Jenney

jimcooper

Thanks so much everyone...wouldn't have had a chance without this help!
Jim