annielee

Hi,
I met my US partner via the internet, we have met and are planning to get married, I will be going over to him early next year (just had back surgery)
on holiday, can we marry there then I come back to the UK while all the
paperwork is processed or could I stay there while it's being done? We are so
confused by the whole thing and don't really know what to do. Obviously we want to do it the proper and legal way so what choices would be available to
us if we get married while Im there on holiday, I would be relocating to the USA as he has too much too leave behind. He is 58 and I'm almost 48 so we don't want to waste precious time trying to find out what we have to do to enable me
to live there as his wife, when we do not have a clue. Can anyone please explain the processes of being able to live with him as my husband in the USA, we don't know where to start.
Thanks

Noorah101

Yes, you can marry while you are visiting on the VWP. You would then return to the UK while the Immigrant Visa process goes on. You can only stay in the USA up to 90 days on the VWP.

See here for the Immigrant Visa process: http://britishexpats.com/wiki/CR-1

Or, since you've already met in person, you can try going for the K-1 fiance visa, which will allow you to remain in the USA after marriage: http://britishexpats.com/wiki/K1

Here's a comparison of the two visas, in case you're not sure which way to go: http://britishexpats.com/wiki/Compar...ge-based_visas

Rene

annielee

Thanks Rene,
However, it seems I may not be able to use the VWP, a couple of minor
arrests and community service when in my early twenties so I may need
a visa to go on holiday, it's all confusing, I think there are different rules
to marrying on a visa holiday as oppossed to a VWP holiday. Im currently awaiting my passport as I didn't have one, so I guess I have to fill in the
ESTA form to find out if I will need a visa or not and take it from there.
Thanks
Anne

Noorah101

If you are going to need a B2 visa, I say you then have two good choices:

1. Marry outside the USA and do an Immigrant Visa process; or
2. Do the K-1 fiance visa.

I think it will be difficult and a hassle to get a B2 visa simply to come to the USA to get married. Normally with a B2 visa you need to prove you do NOT have immigrant intent. Marrying a USC pretty much blows that out of the water.

Make sure you know if your crimes/arrests were CIMT or not before filling out ESTA.

No, there are not different rules for marrying on the VWP or B2 visa. They are both giving you a visitor status which allow you to marry in the USA, but must return home for consular processing for your Immigrant Visa.

Rene

annielee

Thanks Rene,
That was a lot clearer, I understood it better.What is CIMT that you mentioned with regards to crimes/arrests? I have never heard of that, sorry to be a pain but this is all new to me,
Anne

Noorah101

CIMT = Crime Involving Moral Turpitude

Rene

annielee

Thanks.
I just looked it up and it seems if the arrests/crimes were more than 5 years prior to applying for the ESTA they don't count, only if within 5 years.

Anne

avanutria

I would probably go for the K1 visa in your shoes, and cancel the holiday trip. Start the application for the visa now and you could be there by the middle-ish of next year. But I am not an expert in the K1 as I didn't do that visa.

Noorah101

Can you post the link where you looked it up? That doesn't sound familar to me.

ESTA asks if you've *ever* been arrested for a CIMT, not just within the past 5 years.

Rene

annielee

I'll try and find it for you. I still plan to go for a holiday even if we leave getting married until I get the proper visa, I need to know and see where I will be living.
I'll see if I can find that link.

Anne

meauxna

What? Can you please post the link to what you found?

ian-mstm

Umm... that's wrong. A CIMT is forever!

Ian

annielee

Yes, your right Ian, I got it wrong. It was an article I
found on this site about CIMT's. What I read related to juvenilles
18 and under, said as long as the offence didn't happen within 5
years of applying for a visa, they would be eligible.
Sorry for the misunderstanding.

Anne

jimandtina2008

Hi, know what you mean as far as the age thing is concerned. Jim and I met on the Internet (he is 50 and I am 49) in January 2008. After a few trips back and forth we finally submitted the K1 visa application in March of 2009, we were on track for getting the visa at or just before Christmas 2009 (judging by the timing of other stories on here and our notification letters)when, due to a clerical error on our part, we had to resubmit everything and start all over again. Our 2nd submission went in in November 2009, I had my interview in May 2010 and arrived in the US on June 10th 2010. We got married on the 26th June this year and have my AOS interview on October 19th.

Fingers crossed for that and fingers crossed you sort something out and all goes well for you. Just remember, whatever you do, be paranoid about filling everything out correctly and if necessary send MORE information (with attachments to documents) rather than not enough. Much better to err on the side of caution.

Good luck

Tina x

annielee

Hi Tina,
Glad everything turned out ok for you. We're just finding everything so
confusing, rules, regulations, the legal jargon, which way to do things.
We just want to be married asap, to legally be husband and wife. We may
decide on getting married there then I would come back here while everything is being sorted out.
The more I read, the more confused I get, but he wants us to be married as soon as possible, he just wants to be my husband, even if we have to spend
time apart getting everything done.

Anne
x