uk marring a usa

Old Jun 3rd 2012, 1:29 am
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Default uk marring a usa

hi can anyone outline the procedures from start to finish on this situation thanks for any help
my sister has met and wants to marry a american, hears the problem they met on the net and she has no work skills or savings and has a child under sixteen. Can they just marry and would she become an american? they plan to meet for the first time in the flesh this year and to marry next year, what sort of problems are they likely to face? any advise would be greatly appreciated as she dosnt know where to start and what the rules are.
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Old Jun 3rd 2012, 2:49 am
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Default Re: uk marring a usa

Lots and lots of reading for you to do. No, she does not become an American upon marriage, many steps to go through. Start reading and searching here in the Marriage Based Visa section of the forum:

http://britishexpats.com/forum/forumdisplay.php?f=35

Then I'm sure some of the experts will be along to help. Good luck!

Last edited by Nutmegger; Jun 3rd 2012 at 2:54 am.
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Old Jun 3rd 2012, 3:10 am
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Default Re: uk marring a usa

Originally Posted by ukinlove
... they met on the net...
That's not a problem.


... and she has no work skills or savings...
She doesn't need either. Her US citizen fiance must be able to demonstrate sufficient income/assets to support her and the child financially.


... and has a child under sixteen.
She'll either need written permission from the child's father to remove the child from UK jurisdiction, or a court order. Unless the child's father is willing, she's in for a long, difficult journey to get a court order.


Can they just marry and would she become an american?
No... that's a myth. Once they marry, her (then) husband can file an I-130 petition which will eventually lead to her getting an immigrant visa. Once she has the visa (about 8-10 months), she can move to the US and will become a US permanent resident (PR) the day she arrives (= green card). Assuming she stays married, she can apply to become a US citizen after 3 years as a PR.

Regardless, she won't be moving to the US until long after she's married. Also, she can't just come to the US, get married, and then stay! That's illegal... plus, there's the whole issue of the child.


they plan to meet for the first time in the flesh this year and to marry next year...
They want to marry but have never met? She has no skills or savings, she already has a child... and now wants to marry a man she's never met? It sounds like this is either a huge wind up, or she has way more serious issues than figuring out US immigration!


what sort of problems are they likely to face?
Respectfully, one problem they will face is having you act on their behalf. Your sister should register here and ask the questions herself. She is likely more familiar with her own situation.

Ian

Last edited by ian-mstm; Jun 3rd 2012 at 3:13 am.
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Old Jun 3rd 2012, 5:20 am
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Default Re: uk marring a usa

thanks ian just wanted to know where she stood,as i am very worried as they have not met yet and already they say they want to married,they talk on the phone and by web cam and the websight. and most of all there is a 11 year old in the middle i can not see her x partner giving permission just do not know what to do. but thanks for the help xxx
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Old Jun 3rd 2012, 6:03 am
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Default Re: uk marring a usa

Originally Posted by ukinlove
thanks ian just wanted to know where she stood,as i am very worried as they have not met yet and already they say they want to married,they talk on the phone and by web cam and the websight. and most of all there is a 11 year old in the middle i can not see her x partner giving permission just do not know what to do. but thanks for the help xxx
Anyone can be anyone they want to be on the internet, and if it sounds too good to be true, it probably is. At least get her to do a criminal background check on this guy.
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Old Jun 3rd 2012, 7:08 am
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Default Re: uk marring a usa

Originally Posted by ukinlove
thanks ian just wanted to know where she stood,as i am very worried as they have not met yet and already they say they want to married:
One of the provisos to get the fiancee visa in order to marry in the US is that they have to have met within a certain period of time, so nothing will happen until that has taken place. And perhaps, when the USC finds out the kind of hoops that he has to go through to bring his fiancee to the States, he will become a little less enthusiastic and this will die a natural death. All you can do is arm yourself with knowledge and keep an eye on things.
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Old Jun 3rd 2012, 8:22 am
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Default Re: uk marring a usa

Originally Posted by Nutmegger
One of the provisos to get the fiancee visa in order to marry in the US is that they have to have met within a certain period of time, so nothing will happen until that has taken place.
Right! For a fiancee visa (K-1), they must have met face-to-face at least once in the previous two years. That's not true, however, if she just went to the US and got married while on the VWP. It doesn't sound like she was contemplating a K-1 visa... although I admit it is probably a better route for her to travel than an immigrant visa. If nothing else, it'll give them time to actually meet in person and decide whether or not there's anything to the relationship beyond their raging hormones.

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Old Jun 3rd 2012, 8:44 am
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Default Re: uk marring a usa

Originally Posted by ian-mstm
That's not true, however, if she just went to the US and got married while on the VWP.

Ian
However, with a child in tow, surely this would be a truly awful idea (and probably impossible in terms of obtaining permission to take the child out of the country) -- unless she went alone, married, then returned to the UK to start the process from there.
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Old Jun 3rd 2012, 8:51 am
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Default Re: uk marring a usa

Originally Posted by Nutmegger
However, with a child in tow, surely this would be a truly awful idea...
Yup - I agree 100%. That said, the long time members of this forum have been witness to people doing far worse! Because...


... unless she went alone, married, then returned to the UK to start the process from there.
That would be even worse. If the child's father refused to give permission then she'd have only four choices: 1) abandon the child in the UK and move to the US to live with her husband; or 2) the new husband moves to the UK; 3) they remain married and live on two different continents until the child turns 18 (or whatever the age of majority is for this sort of thing); or 4) they divorce!

I'm pretty sure I remember a scenario from a few years ago where a woman was going to abandon her 2 or 3 young children in order to move to the US to be with her fella. Can't remember whether that actually came to pass or not.

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Old Jun 3rd 2012, 9:49 am
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Default Re: uk marring a usa



Advise her to tread carefully. Not so much with getting the visa, but with the issues of removing the child from the country. Oh, and with actually meeting the guy (which is just sensible, even if it can be avoided as a requirement until right before the wedding).

As nutmegger says, there's an awful lot of reading for her to do on the visa process too. Fortunately, there's lots of time for it to be done .

James
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Old Jun 3rd 2012, 10:24 am
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Default Re: uk marring a usa

That red flag made me laugh

To be fair I knew my now wife was the one for me before we met - sometimes these things do work out. 2 years and several thousand dollars in travel, accomation, spending money and visa application fees later its still love
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