Uk girl & Us boy

Old Feb 27th 2009, 12:03 am
  #1  
Forum Regular
Thread Starter
 
Mint Julep's Avatar
 
Joined: Feb 2009
Location: texas
Posts: 183
Mint Julep is a name known to allMint Julep is a name known to allMint Julep is a name known to allMint Julep is a name known to allMint Julep is a name known to allMint Julep is a name known to allMint Julep is a name known to allMint Julep is a name known to allMint Julep is a name known to allMint Julep is a name known to allMint Julep is a name known to all
Default Uk girl & Us boy

Hello I'm hoping some of you learned people can assist me as I'm a little clueless as to how this works. My US boyfriend is visiting me here in the UK and we want to get married here and go back to the US to live. We weren't going to get married when he arrived it was just for a holiday, so we have no marriage based visas in place, we just decided to do it. I believe if we tie the knot in an Anglican church he will be exempt from having to obtain a Certificate of approval - I know this site is for US based marriages and visas but I wonder if anyone has done this and if they can advise me. Also do I file here to join him in the US or does he go back and file for me to join him, or would we both have to live together here and show shared 'stuff'. Many thanks to anyone who will reply with helpful advice.
Mint Julep is offline  
Old Feb 27th 2009, 12:26 am
  #2  
Account Closed
 
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
ian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond repute
Default Re: Uk girl & Us boy

Originally Posted by Mint Julep
I believe if we tie the knot in an Anglican church he will be exempt from having to obtain a Certificate of approval.

I believe this is true *if* the CoE allows the marriage. My understanding is that the CoE is not obligated to perform the marriage.


Also do I file here to join him in the US or does he go back and file for me to join him...

Since he currently has no legal status in the UK, he must file form I-130 (plus all the supporting docs) in the US. Check here for more info: http://britishexpats.com/wiki/CR-1. Feel free to come back and ask as many questions as you like!

Oh... and welcome to BE!

Ian
ian-mstm is offline  
Old Feb 27th 2009, 2:51 am
  #3  
Forum Regular
Thread Starter
 
Mint Julep's Avatar
 
Joined: Feb 2009
Location: texas
Posts: 183
Mint Julep is a name known to allMint Julep is a name known to allMint Julep is a name known to allMint Julep is a name known to allMint Julep is a name known to allMint Julep is a name known to allMint Julep is a name known to allMint Julep is a name known to allMint Julep is a name known to allMint Julep is a name known to allMint Julep is a name known to all
Default Re: Uk girl & Us boy

Originally Posted by ian-mstm
I believe this is true *if* the CoE allows the marriage. My understanding is that the CoE is not obligated to perform the marriage.



Since he currently has no legal status in the UK, he must file form I-130 (plus all the supporting docs) in the US. Check here for more info: http://britishexpats.com/wiki/CR-1. Feel free to come back and ask as many questions as you like!

Oh... and welcome to BE!

Ian
thank you so much for that reply and link which was very helpful, could you just confirm that if the COE did perform the marriage, it would be legal and binding ? and just one more thing,if you will bear with me: If my spouse lived here with me for a few months after the marriage, is there no way the process of my immigration could begin from here during that time? The link was very comprehensive but I wouldn't have known about the Cert of Approval thing if I didn't dig and delve. Many thanks again for the welcome and your time.
Mint Julep is offline  
Old Feb 27th 2009, 3:03 am
  #4  
Forum Regular
Thread Starter
 
Mint Julep's Avatar
 
Joined: Feb 2009
Location: texas
Posts: 183
Mint Julep is a name known to allMint Julep is a name known to allMint Julep is a name known to allMint Julep is a name known to allMint Julep is a name known to allMint Julep is a name known to allMint Julep is a name known to allMint Julep is a name known to allMint Julep is a name known to allMint Julep is a name known to allMint Julep is a name known to all
Default Re: Uk girl & Us boy

Thank you for your welcome, advice and link which was very helpful, could I just confirm with you though, that if we got CofE to perform marriage that it would be legal and binding? Also is there any way if my spouse were to spend a few months here with me, is there absolutely no way that we could instigate the immigration proceedings from here, sometimes there are ways in which things can be done but you have to dig and delve, we would obviously like to spend as much time together as we can after we're wed and for him to not have to leave immediately to begin filing. Thanks again for your time
Mint Julep is offline  
Old Feb 27th 2009, 3:14 am
  #5  
MODERATOR
 
Noorah101's Avatar
 
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,681
Noorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond repute
Default Re: Uk girl & Us boy

Originally Posted by Mint Julep
Thank you for your welcome, advice and link which was very helpful, could I just confirm with you though, that if we got CofE to perform marriage that it would be legal and binding? Also is there any way if my spouse were to spend a few months here with me, is there absolutely no way that we could instigate the immigration proceedings from here, sometimes there are ways in which things can be done but you have to dig and delve, we would obviously like to spend as much time together as we can after we're wed and for him to not have to leave immediately to begin filing. Thanks again for your time
Hi Mint, Welcome to BE.

Do more searching on how having a CofE wedding affects filing the I-130. I believe someone else got stuck on that because you don't get the actual "certified copy of marriage certificate" right away after getting married in CofE. They only update their records every so often, so you wouldn't be able to file the I-130 right away after getting married, if you do this (at least this is my understanding from reading someone's past post...do a search on Church of England on here, see if you can locate that thread).

To answer your other question, as soon as you have all the correct documentation, your USC husband can file the I-130, yes. Even if he's in the UK with you at the time, he can still file the I-130 to a service center in the USA, so that's not a problem.

Having only been there short term, he does not qualify to file the I-130 directly to London.

Best Wishes,
Rene
Noorah101 is offline  
Old Feb 27th 2009, 3:16 am
  #6  
Ginger Monkey
 
Gingerert's Avatar
 
Joined: Jun 2007
Location: Cheeseland, WI
Posts: 2,772
Gingerert has a reputation beyond reputeGingerert has a reputation beyond reputeGingerert has a reputation beyond reputeGingerert has a reputation beyond reputeGingerert has a reputation beyond reputeGingerert has a reputation beyond reputeGingerert has a reputation beyond reputeGingerert has a reputation beyond reputeGingerert has a reputation beyond reputeGingerert has a reputation beyond reputeGingerert has a reputation beyond repute
Default Re: Uk girl & Us boy

Originally Posted by Mint Julep
Thank you for your welcome, advice and link which was very helpful, could I just confirm with you though, that if we got CofE to perform marriage that it would be legal and binding? Also is there any way if my spouse were to spend a few months here with me, is there absolutely no way that we could instigate the immigration proceedings from here, sometimes there are ways in which things can be done but you have to dig and delve, we would obviously like to spend as much time together as we can after we're wed and for him to not have to leave immediately to begin filing. Thanks again for your time
When my OH and I got married at the end of 2006 in an Anglican chuch (I give the date in case things have changed. Feel free to correct me, other people), he had to go the the US Embassy in London and acquire a sworn affadivit to say he hadn't been married before. The reason for this is that CoE churches read Banns in place of a marriage licence, and these have to be read out loud for three weeks in the parish churches of both the bride and groom. As my OH was a Yankee and didn't have a parish church, we had to obtain the affadavit and then swear an oath in front of a local bishop.

Hope that helps!
Gingerert is offline  
Old Feb 27th 2009, 3:29 am
  #7  
Account Closed
 
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
ian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond repute
Default Re: Uk girl & Us boy

Here's a few posts that might help!

http://britishexpats.com/forum/showpost.php?p=4471634&postcount=16
http://britishexpats.com/forum/showpost.php?p=5443611&postcount=19
http://britishexpats.com/forum/showpost.php?p=7196003&postcount=5

Ian
ian-mstm is offline  
Old Feb 27th 2009, 4:30 am
  #8  
Forum Regular
Thread Starter
 
Mint Julep's Avatar
 
Joined: Feb 2009
Location: texas
Posts: 183
Mint Julep is a name known to allMint Julep is a name known to allMint Julep is a name known to allMint Julep is a name known to allMint Julep is a name known to allMint Julep is a name known to allMint Julep is a name known to allMint Julep is a name known to allMint Julep is a name known to allMint Julep is a name known to allMint Julep is a name known to all
Default Re: Uk girl & Us boy

Thanks to everyone who replied, all were very helpful and now we know what's facing us, and we're very optimistic now that this will run smoothly. this really is a great site and you members give of your time and help out a lot of people in simplifying things. keep up the good work. from 'a soon to be expat'
Mint Julep is offline  
Old Feb 27th 2009, 4:32 am
  #9  
Lost in BE Cyberspace
 
Bluegrass Lass's Avatar
 
Joined: Oct 2003
Location: My Old KY Home!
Posts: 6,498
Bluegrass Lass has a reputation beyond reputeBluegrass Lass has a reputation beyond reputeBluegrass Lass has a reputation beyond reputeBluegrass Lass has a reputation beyond reputeBluegrass Lass has a reputation beyond reputeBluegrass Lass has a reputation beyond reputeBluegrass Lass has a reputation beyond reputeBluegrass Lass has a reputation beyond reputeBluegrass Lass has a reputation beyond reputeBluegrass Lass has a reputation beyond reputeBluegrass Lass has a reputation beyond repute
Default Re: Uk girl & Us boy

Originally Posted by Mint Julep
Also is there any way if my spouse were to spend a few months here with me, is there absolutely no way that we could instigate the immigration proceedings from here
As Noorah pointed out, once you marry, and obtain your certified marriage certificate, your new husband can file the I-130 to a US Service Center. He can stay in the UK for however long the UK stamps his passport for. So if his passport is only stamped for 6months, that the longest he can stay there.

The London Consulate is getting very, very picky in who they allow to file directly with them. Your husband has to be living in the UK in an official visa capacity. So that means your husband cannot file the I-130 w/London if he is simply visiting the UK as a tourist - he has to be living there. And London has recently had a policy of only allowing a USC to file directly with them if they have been living in the UK for at least 6months.
Bluegrass Lass is offline  
Old Feb 27th 2009, 4:51 am
  #10  
Forum Regular
Thread Starter
 
Mint Julep's Avatar
 
Joined: Feb 2009
Location: texas
Posts: 183
Mint Julep is a name known to allMint Julep is a name known to allMint Julep is a name known to allMint Julep is a name known to allMint Julep is a name known to allMint Julep is a name known to allMint Julep is a name known to allMint Julep is a name known to allMint Julep is a name known to allMint Julep is a name known to allMint Julep is a name known to all
Default Re: Uk girl & Us boy

Originally Posted by sunflwrgrl13
As Noorah pointed out, once you marry, and obtain your certified marriage certificate, your new husband can file the I-130 to a US Service Center. He can stay in the UK for however long the UK stamps his passport for. So if his passport is only stamped for 6months, that the longest he can stay there.

The London Consulate is getting very, very picky in who they allow to file directly with them. Your husband has to be living in the UK in an official visa capacity. So that means your husband cannot file the I-130 w/London if he is simply visiting the UK as a tourist - he has to be living there. And London has recently had a policy of only allowing a USC to file directly with them if they have been living in the UK for at least 6months.
So, in effect, if he can stay here with me for six months there is a strong possibility that the whole process can be completed by that time and we wont have to spend any time apart, hooray it just gets better.
Mint Julep is offline  
Old Feb 27th 2009, 4:54 am
  #11  
MODERATOR
 
Noorah101's Avatar
 
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,681
Noorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond repute
Default Re: Uk girl & Us boy

Originally Posted by Mint Julep
So, in effect, if he can stay here with me for six months there is a strong possibility that the whole process can be completed by that time and we wont have to spend any time apart, hooray it just gets better.
A typical Immigrant Visa process, after the I-130 is filed to a service center in the USA, takes about 8 - 10 months, if you have no snags in the process.

I wouldn't count on it all happening inside of 6 months, you will probably have a couple to a few months apart. That's not too bad.

Be aware that your USC husband will need to complete an Affidavit of Support (form I-864) to show he earns the appropriate level of income to sponsor you. If he is staying in the UK that long (6 months), what is he doing for work? If he is not working or does not own property (assets can be used on the I-864), then he will need to find a joint sponsor. You can read about the I-864 and look at the form at www.uscis.gov, Immigration Forms.

Just something for you to look into ahead of time so you don't get stuck at that point.

Rene
Noorah101 is offline  
Old Feb 27th 2009, 5:28 am
  #12  
Account Closed
 
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
ian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond repute
Default Re: Uk girl & Us boy

Originally Posted by Mint Julep
So, in effect, if he can stay here with me for six months there is a strong possibility that the whole process can be completed by that time and we wont have to spend any time apart...
That's not what it means. It means that if he is in the UK for 6 months, he can file directly with London and *then* the processing starts and that'll take 4 - 6 months more to complete. If you marry now and he files in the US (even if he's still in the UK), then the process will take 6 - 8 months total. In other words, 6 - 8 months from the moment you're eligible if he files in the US... and 10 - 12 months if he waits to file in the UK.

By the way, we have *all* had to spend time apart... it's a concept with which you'll need to come to terms.

Ian
ian-mstm is offline  
Old Feb 27th 2009, 5:42 am
  #13  
Lost in BE Cyberspace
 
Bluegrass Lass's Avatar
 
Joined: Oct 2003
Location: My Old KY Home!
Posts: 6,498
Bluegrass Lass has a reputation beyond reputeBluegrass Lass has a reputation beyond reputeBluegrass Lass has a reputation beyond reputeBluegrass Lass has a reputation beyond reputeBluegrass Lass has a reputation beyond reputeBluegrass Lass has a reputation beyond reputeBluegrass Lass has a reputation beyond reputeBluegrass Lass has a reputation beyond reputeBluegrass Lass has a reputation beyond reputeBluegrass Lass has a reputation beyond reputeBluegrass Lass has a reputation beyond repute
Default Re: Uk girl & Us boy

Originally Posted by Mint Julep
So, in effect, if he can stay here with me for six months there is a strong possibility that the whole process can be completed by that time and we wont have to spend any time apart, hooray it just gets better.
You are making large assumptions. The first one you are making is that you think he will have the full 6months to visit the UK. The POE officer may only give him a few weeks, 2mos, etc. Your 2nd assumption is that you will be able to file the I-130 as soon as you get married. That is not the case necessarily. The key factor here is having all of the required documentation. I know just in the last 2 weeks, someone here posted about having issues obtaining some kind of certified proof of their CoE marriage. Without proof of your wedding, he cannot file the I-130.

Assuming that you marry very shortly after he arrives in the UK, and he can file the I-130 thereafter, the whole process takes about 8-10 months. He will not be able to legally remain in the UK for longer than his passport is stamped for. If it's a 6mo stamp, he can only stay for the 6mo. So you'd still potentially have anywhere from 3-5 months apart.

The other aspect of this is that your new hubby will be your financial sponsor to the US. This means that he has to meet certain income requirements. He can make up for a lack of income if he has enough assets. If he is with you in the UK for 6mo, what income will he have? If he has no income, then he will need assets. You need to go to www.uscis.gov and look at the I-864p - this form will tell you what his income req'ts need to be for your household size. If he cannot meet these requirements, then he will have to find a co-sponsor for you.

After looking at this forms, come back if you have any further questions. Oftentimes, meeting the I-864 requirements is one of the most difficult parts of the immigration process.
Bluegrass Lass is offline  
Old Feb 27th 2009, 9:21 am
  #14  
Just Joined
 
Joined: Jan 2009
Posts: 18
BobbeD is just really niceBobbeD is just really niceBobbeD is just really niceBobbeD is just really niceBobbeD is just really niceBobbeD is just really niceBobbeD is just really niceBobbeD is just really nice
Default Re: Uk girl & Us boy

Hi all,

I think it may be ME that someone of you are referring to and so I thought I'd better contribute - especially as I got my notice of approval just yesterday!

My husband entered the UK without a fiance visa (he just said he was coming to visit his girlfriend) and we got married in the Church of England. We had to get a special licence for this as he is a foreign national and wasn't resident in the UK, but this really wasn't problematic - any friendly vicar will be able to point you in the right direction. Takes a couple of weeks but can be done before the USC enters UK. My husband then returned to the USA and we submitted our I-130 a week or so later. After that I started to get panicky about whether my marriage certificate would be valid for immigration purposes, as it was from the church and not a registry office, but I guess it was! We got our NOA2 in only six weeks and are now preparing for NVC. I'm hoping I'll be with my husband by the summer.

Hope this helps but please do let me know if you have any questions!
BobbeD is offline  
Old Mar 2nd 2009, 12:28 am
  #15  
Forum Regular
Thread Starter
 
Mint Julep's Avatar
 
Joined: Feb 2009
Location: texas
Posts: 183
Mint Julep is a name known to allMint Julep is a name known to allMint Julep is a name known to allMint Julep is a name known to allMint Julep is a name known to allMint Julep is a name known to allMint Julep is a name known to allMint Julep is a name known to allMint Julep is a name known to allMint Julep is a name known to allMint Julep is a name known to all
Default Re: Uk girl & Us boy

Thanks to everyone who took the time to contribute, all have all been very useful and paint a much clearer picture of what we're up against, particularly the Affidavit of support situation, and I will check up on this site as our situation moves on, for any further answers.
Mint Julep is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Contact Us - Manage Preferences - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.