[email protected]

I would like some advice on which visa to apply for, I want to get married in about 12 months time but still work in the the UK for a further 2 years and then move to the states permanently. Can i get married on A Visa Waiver in the US?

Any Advice would be very much apprieated

David

fatbrit

Yep -- as long as you intend to leave the US within 90 days of entering.

Where is your wife going to be living?

Bob

presuming your a UKC and spouse to be is USC?
wouldn't have problems doing that on the VWP and then heading back to blighty, and depending on how spouse is living in uk, could get spousal visa easily: http://www.britainusa.com/visas/othe...5&Other_ID=322
And when you want to move to the US, look at www.uscis.gov and consider DCF if you can.

[email protected]

Thanks for your advice, My wife is going to be living in the States as I want to visit on a regular basis if this is possible on the Visa Waiver. I also want to buy a property over there for us. Is this possible? My wife to be also earns under the 125% threshold but i earn over it, due count my income?
sorry for all my questions but really need help......

NC Penguin

Please check the US Marriage Based Visas forum/newsgroup on British Expats-
http://britishexpats.com/forum/forumdisplay.php?f=35

You may find it useful to read the US Immigration forum too.

Both forums focus on immigration related issues.



NC Penguin

emmals

I knew you couldn't resist

AdobePinon

Usually you can count your own income as part of your sponsor's obligation. It doesn't tell you this on the forms, though. Not sure about income from a non-US job. They like to see US tax returns as evidence.

fatbrit

You probably need to be in marriage visas for more specialist advice on this one -- this USA area is full of strictly amateur w@nkers!

I think you're going to increasingly more serious problems on your frequent trips to the US when married. The onus is on you to prove that you don't have immigrant intent, and the uniformed drones are going to start having a saliva-emitting fit when they find you have a wife and a house in the US and are using the visa waiver all the time. Never lie to immigration officials -- it will come back to haunt you.

Don't really know if there is a solution for you. Forget the visitor's visa -- that'll get you nowhere! Would be easier if wife came to live in UK for a while. This could also make move to States easier later on. I assume there's some reason she can't?

I'm on dodgy ground for the income question, but I seem to remember that your income can only only count if you've been a member of her household for a period of time. Marriage forum (or search therein) is def. the place for this question.

Buying property in the US is no problem visa-wise. Financially-wise, if you have an established UK income and a sizeable deposit (~25%), it sometimes makes more sense to take the mortgage as a non-resident Brit before you come over permanently.

Manc

Yes.
However you need to show proof that you intend to return to the UK.

if you tell them you are getting married, you'll probably get deported back and refused entry. As too much immigrant intent is will be shown.

I would apply for a B2 visa if at all possible.
and explain exactly what you are doing.

or get married in the UK.

fatbrit

I beg to disagree. If you haven't got a specific reason for a B2 (e.g. a criminal conviction which would invalidate you from using a VWP) and are a citizen of a VWP country, it will most probably be refused. This will create more problems, not less.

The only possible exception I've seen mentioned in regard to this are retirees with holiday homes in the US -- and even this application for a B2 should be done with great caution.

Manc

possibly.


but it's better to be refused a B2 in England than be refused a VWP in JFK airport and have to immediately fly home.

Rincewind did it on a B2.
I did it on a Visa Waiver.

you pay your money, you take your chance.

fatbrit

S'pose the best answer to "The Correct Visa" for the OP's currently given scenario is: NONE. I'm afraid that the US government has not provided a suitable vehicle for your particular scenario.

candy wy.

why would it create more problems if refused?

fatbrit

You'd be flagged at immigration, both on their computer and on the VWP form. Hence, you've guaranteed yourself a grilling before you start.

scrubbedexpat099

The US Embassy site says that VWP use includes marrying in US and leaving.

If you have plenty of support docs, job, house etc, to return to UK then you should be OK.

How many times you can come and go is always an issue, but the if she is also coming the other way perhaps it will not be enough to be an issue.

B2 would be a waste of space, the issue is the same, non immigrant intent. If you have a B2 it does not give you any more of a guarantee of entry, POE decide that, not Embassy. If you apply for a B2 and are refused, then you are in for a grilling when using the VWP. You have to declare it on the I94.

If the income is UK job related then it is of no value because by definition you will not be receiv ing it once you emmigrate, if it is passive should be OK.

Just my twopenneth!

As has been said there is no visa to come and go as you please! They either want you to be a short term visitor or an immigrant.

One of the benefits of becoming a USC.