Silk

Hi all,

My girlfriend is a USC and I am a UKC (she currently resides in the US and I in the UK). We wish to get married ASAP (either in the UK or US). We would like to live together in the US.

Please note that being separated and living apart for months and months whilst paperwork is filed etc. is not an option. Kindly meant words like ‘the time will pass quickly’ might be made with the best of intentions but it’s been heart breaking enough being separated since February.

Bearing that in mind what options are open to us? Thanks in advance for your kind consideration.

christmasoompa

Any marriage based visa for the US will take a year or so, afraid there’s no way of jumping the queue. You could normally still visit whilst it’s being processed though, you don’t have to be apart - although of course at the mo that involves 2 weeks elsewhere first, or both of you meeting up in a third country.

The quickest option would be for her to move to the UK, is that definitely not an option if you want to be together ASAP?

SanDiegogirl

Afraid you don't have options which result in instant 'togetherness'.

Whether you apply for a fiance visa and then marry in the US or get married somewhere else and then apply for a spouse visa for the US, it all takes time. Currently about 12 months for the process. Your girlfriend must be able to sponsor you for the visa.

Pulaski

Firstly to your point about timing and time apart, there isn't currently any "quick" option because AFAIK fiance visas are not being processed and that would be the one that would get you to the same place ASAP. Even if fiance visas were being processed it would take IIRC around 10-12 months to process the visa.

Which brings me to the "time apart" issue. The time apart is going to be around 12 months whether you choose the fiance visa route or the spouse visa route. The difference is whether you spend the time apart before you marry, or immediately after.

So far as where you get married .... you can travel to the US and get married without any visa other than an EST & VWP visit, so long as you leave again, and that is what I did myself. If your gf were to come to the UK she would need a visa even if she came, got married and left again.

In your case, and from where we are in mid 2020, you can't do anything regarding moving forward until (i) visitors are allowed into the US, and/or (ii) USCIS restarts processing marriage and fiance visas.

Silk

Thanks guys. This is why I love this site so much (even if I spend most of my time here as a lurker).

No, that's a definite option. But she can only stay in the UK for 6 months if I'm not mistaken? I was thinking of possibly heading to France by the end of the year and utilising the "freedom of movement" facility which means she would be able to stay we me indefinitely.


Forgive my ignorance but I first thought I could travel to the US, get married and apply for a AOS and remain there. I have 6 figure savings so money would not be an issue in the meantime. I take it that is not possible?

Can we apply for my residency whilst both living outside of the US?

At the moment we are waiting on her passports (18 weeks but who's counting right?).

SanDiegogirl

No you can't fly in, get married and then apply for AOS - well you could, but then could be accused of using the VWP for fraudulent purposes as you had the intent to marry and stay. So not recommended.

You CAN fly in, get married and then YOU leave and apply for a spouse visa outside of US

Pulaski

People do, and it seems to be less problematic than it used to be, but it is outside the "rules" laid out for settlement in the US based on marriage to a USC. From what I can gather it is a slower process than adjusting after a marriage on a fiance visa, so prepare yourself for a year not working if you try to adjust after marrying on a VWP visit.

And to be clear, entering on the VWP with the intention to marry in the US and stay is unlawful. And it seems that trying to adjust from a "VWP marriage" is a reason that people commonly retain the services of a lawyer, when the process of applying for a visa otherwise (the commonly used fiance or spouse visas) and adjusting from a fiance visa is relatively easy, and does not require the services of a lawyer, I am consistently puzzled as to why people take a route "outside of the rules", that is more complex and expensive when there are cheaper and easier routes available.

Noorah101

None that are legal.

Rene

christmasoompa

I actually meant apply for a spousal visa for the UK for her, it's just so much quicker than doing it the other way around. But I don't know if there is a specific reason you want to move to the US i.e. she has children she can't leave behind etc - it was just an idea if you didn't want to wait a year and wanted to be together sooner.

I'd ask in the France forum about her moving with you there, and what you'd need to do to establish residency before the end of the year, they will be able to advise on the rules and regulations.

Good luck.

Silk

Thank you. She has 2 young children and, although she wants to travel, I know she will want to return home in a couple of years. I've been to the US several times, travelled through 7 states and loved it so living in the US would not be a issue for me. I have the info covered regarding living in France.

The big question is: is it possible to apply for residency with both of us outside the US?

Noorah101

Not "residency", no. But the spouse immigrant visa can be applied for with both of you outside the USA. As everyone has been saying, that process takes at least 12 months.

Rene

Pulaski

You don't apply for "residency", but as Noorah said, you can apply for a visa to live in the US sponsored by your wife even if she is also outside the US. ... That was what my wife (USC) did when she sponsored me for a spouse visa to live in the US. We were both living in London at the time​​​​​​.

SanDiegogirl

If she would be outside the US (and with 2 children) is she going to be able to meet the financial requirements to sponsor you for a visa for the US?

Pulaski

If they're married and Silk hangs on to his reported "6 figure savings" (post #5, above), then they will easily qualify under the savings route.

Silk

This just gets better. Thank you all so much. Yes I will at the very least ensure I keep low 6 figures in savings. Where do I find out more about the savings route?