rogerpenycate

The point I was responding to was after their marriage in Texas, it seems that they will be returning to the UK to set up home.
In that case his wife will need to go to the British Consulate/Embassy with marriage certificate, birth certificate, the equivalent of the I-864 etc. Their local consulate will tell them more or I'm sure someone will post an address.
I can state this as fact, because that is exactly what we did, before going through the I-130 and moving back to the US

britcitusa

On that,you are correct roger For info go to

www.britain-info.org

Up to date info and contact addresses can be accessed from here pertaining to all immigration rules.

Squire

In article , britcitusa
writes
    >Originally posted by Squire

    >> Which comes first, chicken or egg?
    >> If the US citizen applies for a UK entry payment based upon marriage,
    >> she would need to produce (amongst other things) a marriage
    >> certificate.
    >> This can hardly be done prior to her UK fiance arriving in USA.
    >> If she applies as a fiancee of a UK citizen, the application would be
    >> invalidated upon marriage prior to entering the UK as she would, of
    >> course, then no longer be a fiancee.
    >> I would suggest simply that the original poster downloads the online
    >> spousal application forms IM2A and IM2B and completes them as far as
    >> possible prior to his trip to USA, but not submit them to the relevant
    >> UK Consulate at that stage. In any event they will be needed
    >> subsequently and will help the applicants get their
    >> information ready.
    >> If questioned at the POE they would serve as _additional_ evidence to
    >> the INS officer that there is less likelihood of the original
    >> poster and
    >> his family of remaining in UK.
    >HiSquire,
    >I think you may be misunderstanding what our co-poster is saying
    >here.

The original poster seemed to have as his major concern, procedures at
the POE. Others as well as myself have concentrated on addressing that
particular issue. The reason I mentioned UK immigration procedures was
primarily so that he (and his travel companions) would have some
additional documentation should it be required to satisfy the US POE
immigration official of their intent not to remain in USA.

    >Before she can apply for continius stay,or prolonged stay in te
    >UK, yes,she has to have the letter permitting her to do so,which must
    >be done through the British consulate here in the USA, just as your
    >permission to stay in the US,must originate in the UK at the Embassy
    >in Grosvenor Square.

By 'letter' you are of course referring to the multi-purpose prior Entry
Clearance (IM2A) with associated Application for Settlement (IM2B) -
just as I stated in my earlier posting. This seems to have escaped your
notice.

    > What you should be aware of,is that the laws in England and the USA
    > differ when coming down to immigration.

It would be extremely foolish to assume than any two independent
countries do not differ in their immigration processes. However, as
Folinskyinla quite rightly pointed out, "US immigration laws include a
specific presumption that you are an intending immigrant -- e.g. that
you intend to stay in the US. On top of that, the law also gives the
INS inspectors at the Ports of Entry the absolute power to refuse
admission and deport".

British immigration officials at the UK POE have just the same authority
in their power.

    > Your fiancee could enter England quite legally and marry you there
    > and stay her 90 days with no problem.

You are somewhat out of date. A fiancee would obtain 6 months within
which to marry and then apply for further leave to remain. A spouse
would have 12 months from the outset.

    >Once married, you two could
    >apply for extension through the home office,but eventually your
    >extension will expire and you would still need to apply for her
    >through the consulate here.

You cannot apply for indefinite leave to remain via a British Consulate
in Britain.. there are none. Application is made through IND at the
Home Office.

However, this amount of detail is getting extremely off topic for the
newsgroup alt.visa.us.marriage-based. If the OP wishes to learn more
(and he has never indicated that he is unfamiliar with the UK processes)
then appropriate web sites have already been quoted.


--
squire
Those are my principles. If you don't like them I have others. (Groucho)

northspoon

I agree that this is somewhat off topic but i think there has been a misscommunication here. I think the original confusion arose when you (Squire) wrote "remaining in the UK" instead of the US.
This puzzled me too.
I dont think Britcusa is out of date, I just think you misunderstood what he was pointing out.
Your fiancee CAN come to the UK and get married without a "entry clearance visa" and stay for six months on a visitors visa. My husband did just that.
We all know that you can marry anywhere in the world you want!!
It's just if you want to stay once your visitor visa expires, its then the headache begins.
Hope this helps
Have a nice day)

britcitusa

My point exactly,thank you Northspoon!

Squire

In article , northspoon
writes
    >Originally posted by Squire
    >> >Originally posted by Squire
    >> >> If questioned at the POE they would serve as _additional_
    >> evidence to
    >> >> the INS officer that there is less likelihood of the
    >> original
    >> >> poster and
    >> >> his family of remaining in UK.[/q
    >>
    >I agree that this is somewhat off topic but i think there has been a
    >misscommunication here. I think the original confusion arose when you
    >(Squire) wrote "remaining in the UK" instead of the US.
    >This puzzled me too.

Oops.. my apologies.. I did mean to type US. Sorry for the confusion.

    >I dont think Britcusa is out of date, I just think you misunderstood
    >what he was pointing out.

Britcitusa was incorrect in saying 90 days when it has been 6 months for
some years - as you confirm below.

    >Your fiancee CAN come to the UK and get married without a "entry
    >clearance visa" and stay for six months on a visitors visa. My husband
    >did just that.

Thats interesting. Did he have to return to his home country to
regularise status or was he able to get exceptional approval to remain
as your spouse without leaving UK?


--
squire
Those are my principles. If you don't like them I have others. (Groucho)

britcitusa

As to your question,at the time,she was in england,purely on her passport,which in 1988,allowed her tostay only 90 days.The MP for redbridge essex,got her a six month extension,purely because kids were involved.

rogerpenycate

D Rogers, we are all waffling away here and you seem to have dissapeared.
1/. I got married in Maryland last year on a visa waiver, but could prove that I/we were returning to the UK (house/business etc)
2/. Some confusion, in your original post you said "you" were returning to the UK after marrying in Texas. Did you mean "we"

Clarify this and I can offer you loads of advise.

northspoon

Hi Roger
I too wondered about where D.Rogers has dissapeared to. Maybe he got his answer already)
Anyways, i shouldn't answer for him (but i'm gonna...lol)
I got the impression that he was returning to the UK after he was married and his wife and "children" were following once the children had finished college.

Metric

hi, i have this exact same problem. My other half is in boston, and im in stratford england. Church is booked for august 9th 2003, we plan to marry and come back to the uk to live... ive read the thread but a step by step walkthrough would be great.

D Rogers

On Thu, 31 Oct 2002 05:41:51 +0000, rogerpenycate
wrote:

    >D Rogers, we are all waffling away here and you seem to have
    >dissapeared.
    >1/. I got married in Maryland last year on a visa waiver, but could
    > prove that I/we were returning to the UK (house/business etc)
    >2/. Some confusion, in your original post you said "you" were returning
    > to the UK after marrying in Texas. Did you mean "we"
    >Clarify this and I can offer you loads of advise.

I am returning to the UK on 29th Dec. My then wife will be staying in
Texas, as I stated in my original post until her two kids are in
college there. This will be around 2005 (a long time off but we do
feel the need to marry now)
We have known each other for nearly four years and are very commited
to one another.

Obviously she will visit me in the UK and I will visit her in Texas as
much as we can afford until such a time she gets to move in on me.

Sorry for any confusion.

Thanks again to everyone.

David

D Rogers

On Thu, 31 Oct 2002 11:16:19 +0000, northspoon
wrote:

    >Originally posted by rogerpenycate
    >> D Rogers, we are all waffling away here and you seem to have
    >> dissapeared.
    >> 2/. Some confusion, in your original post you said "you" were
    >> returning to the UK after marrying in Texas. Did you mean "we"
    >> Clarify this and I can offer you loads of advise.
    >Hi Roger
    >I too wondered about where D.Rogers has dissapeared to. Maybe he got his
    >answer already)
    >Anyways, i shouldn't answer for him (but i'm gonna...lol)
    >I got the impression that he was returning to the UK after he was
    >married and his wife and "children" were following once the children had
    >finished college.

No, just my wife. The kids will be 18 and over and will have lives of
there own. It will be upto them to decide if they want to emigrate.

I'm still undecided what to do and still worried but not quite as much
as I was.

Cheers

David

northspoon

Thanks for putting us all straight David.
Try not to worry too much. As long as you have your documentation I think you will be fine.
I would like to offer my story in a hope to ease your mind.
The first two times i went to the US (POE Memphis) I got pulled over. I must admit they weren't very nice to me. But they STILL let me through.
The second time (POE Toronto/Detriot border) They were just as controlling but these guys just wanted to toy with someone that day. I am absoultely sure of that. But they STILL let me through.
I was so naive in the beginning of my travels to the US. I was going there and returning home and never invisaged they were going to be suspicious of me.
Anyways the third trip, obviously anxious like you, i was armed with all the necessary documentation, unlike the last two times, such as letter from employer and rent agreement.
My POE was Atlanta. I went up to the desk.

"what is your purpose of your visit to the United States"

" i am going to visit my boyfriend (we were actually engaged at this point but i didnt say that)"

"is the address on this form the address you will be staying at"

"yes"

"how long did you stay on your last visit"

"3 weeks this time because we wanted to see Canada"

Swoosh...he stamped my passport and said "have a nice time in the United States"

All my document werent needed. I honestly believe that they let me through this time without any fuss because i have proved i didnt have any intent as i had returned to the UK, after visiting my boyfriend, on the two occasions previously.
Just like you have David.

My advice is to just answer their questions honestly (But dont offer more than they ask) and have the documents to back up what you say.

Good luck!!