Help with marriage
 

Hi, been doing some googling and i'm getting a little confused. My American fiancée and i are planning on getting married in the UK and living in the US. She has started the Marriage Visitor Visa process. However what i am seeing online is she needs to be in the UK for 7 days before being able to give notice of marriage and then a 28 days wait to marry, is that right even with our situation because she only gets 2.7 weeks vacation per year (bad i know i get almost 6 weeks) and she has just taken 2 weeks vacation time while i was over there the end of last month. She is here in January for 8 days and we were planning on doing it then however her having to be here for 7 days makes that a little more tricky then having to come back a month later to marry is going to be expensive for travel considering she can only come back for a day or 2 max due to vacation time. We did look at going for the K-1 and marrying over there and i did see something about being able to go over and marry and i can stay until i get the visa is that correct? its all very complicated, i just want to be with the girl i love, why do they have to make it so difficult.

Thanks for any help,
Dan

Re: Help with marriage
 

Check with the Registry Office what the requirements are, I believe she needs a visa to marry in the UK.

This forum is more about the subsequent move to the US, she will be filing for a CR1 visa for you.

Re: Help with marriage
 

The plan is to move to the US but we are getting Married here then try to move across to the US. it seemed better than us getting married over there.

Re: Help with marriage
 

Just go to the US on an ESTA, marry and then return to the UK and apply from there. Has she actually applied for a Marriage Visitor visa yet?

Re: Help with marriage
 

Can i do that though, just go to the US on a normal ESTA and marry without any special visa or anything? she hasn't finished applying for it, she has paid for it and has filled the forms in, has an a bio-metric appointment coming up later this week before she can send it all of but can cancel and get a refund for the visa any time before sending it off.

Re: Help with marriage
 

Re: Help with marriage
 

Yes, you absolutely can intend to do that, you'd then apply for a CR-1 visa at home in the UK. This is what I would recommend; however emphasis on returning home. You absolutely must return home or else you will be committing immigration fraud.

Please be aware though that there is no "immediate" way to migrate to and work in the US, even as a married couple. The process will take months, sometimes over a year.

You have two options, apply for a K-1 visa, go over to the US, marry, file for adjustment of status to a permanent resident (and at the same time apply for an employment authorization document and advanced parole - these will let you work and travel in/out of the US, respectively) This will take 3-5 months roughly for the right to work and 12-18 months to receive your conditional greencard.

OR going over, marrying on the ESTA (VWP) and then coming home, applying for the CR-1 directly at the consulate. This will give you the ability to become a "green card" holder the second you enter the US and work immediately, direct consular filing (DCF) will be the quickest route to greencard, but does mean you wouldn't be able to work or live in the US until it is adjusted. I believe this is around 8-10 months, but I could be wrong.

The general recommendation is usually the CR-1 route as it's quickest, but if you can afford to be unemployed for 3-5 months then the K-1 option is also available to you.

Re: Help with marriage
 

DCF is much quicker but does not apply in these circumstances.

CR1 ia about 15 months.

Re: Help with marriage
 

Could you elaborate? Why would DCF not apply?

Re: Help with marriage
 

They need to be UK resident.

Re: Help with marriage
 

[QUOTE=ParagonGreeny;12561524]Can i do that though, just go to the US on a normal ESTA and marry without any special visa or anything? she hasn't finished applying for it, she has paid for it and has filled the forms in, has an a bio-metric appointment coming up later this week before she can send it all of but can cancel and get a refund for the visa any time before sending it off.[/QUOTE

She almost certainly won't get the filing fee refunded for the marriage visitor visa, but yes you can marry in US on ESTA. Vegas - same day probably, most other places a few days waiting time. Then go back and start the CR1.

DCF was mentioned but does not apply because the US spouse would need to be living in the foreign spouses country for several months to qualify.

Re: Help with marriage
 

Sorry, but the bits I bolded are completely incorrect.

Re: Help with marriage
 

You are correct, I mistakenly thought both were in the UK.

OP should still be able to file K-1 and CR-1 though, but the timelines would be different as his spouse wouldn't be able to file i-130 in the UK.

Also K-1 would still require EAD/AP following marriage and AOS which will take 3-5 months, so I stand by that statement.

Re: Help with marriage
 

Ok thank you guys, i am over there in November so we have decided to do it then. i can't wait.

Re: Help with marriage
 

It is right ... sadly.