How to get married so we can start IR-1/CR-1 process

[KLS2010 30]

There is nothing wrong with what you are proposing to do. I myself did it. I came to the US on the VWP, got married and returned to Australia 2 weeks later.

Coming to the US to get married and then leave is perfectly fine. Coming to the US to get married with the intention of staying is not!

Here is a link to a similar question asked a few days ago. Their fiancee is Canadian, but Canadians don't need visas, and the UK citizens can (in most circumstances) use VWP so they are somewhat similar. I'm sure you will find more threads from search on VJ. You will see that many people have done what you are planning.

Just make sure your fiancee brings ties to home, just in case. Maybe enrollement information from her school would be helpful, as would any lease agreements, etc, although I doubt she will be asked for anything.

Good luck!

[Orando 57]

If I were to get a religious marriage in the UK, yet the UK requires a civil certificate for something to be considered legal and the religious marriage alone doesn't satisfy the requirements of being legal, then by all means, how is it considered a legal marriage? This is beyond me.

I agree, as a matter of law, the argument that the US Govt would input civil legitimacy on a religious marriage that did not meet the qualifications under the law to be a legally binding marriage did not carry any water with me. However, there were enough people that were objecting and saying that the US Govt would acknowledge a religious marriage that did not meet the civil requirements under the law that I would speak with the US Govt about it before I would advise anyone on the situation and I would recommend that an individual look into it before they go down that path.

[pushbrk 12,824]

I agree, as a matter of law, the argument that the US Govt would input civil legitimacy on a religious marriage that did not meet the qualifications under the law to be a legally binding marriage did not carry any water with me. However, there were enough people that were objecting and saying that the US Govt would acknowledge a religious marriage that did not meet the civil requirements under the law that I would speak with the US Govt about it before I would advise anyone on the situation and I would recommend that an individual look into it before they go down that path.

In the context of immigration the religious marriage without civil registry often puts the couple in a Catch 22. They are "too married" for a fiancee visa but "not married enough" for a spouse visa. The OP's plan of legal marriage during a US visit is perfectly fine. Not sure how this topic got interjected here.

[Harpa Timsah 13,258]

There was a person who got Islamically married in the UK and then had to go to great lengths to prove that the marriage was dissolved to get approved for immigration benefits for her new husband. They were sure she was a bigamist. The religious marriage held weight, it didn't matter if it was "legal" or not. I have heard of other reports in other countries of people being denied a K-1 visa for having a religious marriage. You could get Islamically married in the US and start the spousal visa process. It's cheaper and more convenient and only about a month longer.

To answer the question above of how it got here, the OP suggested it as a possible course of action.

Edited February 24, 2012 by Harpa Timsah

[jq123 1]

There was a person who got Islamically married in the UK and then had to go to great lengths to prove that the marriage was dissolved to get approved for immigration benefits for her new husband. They were sure she was a bigamist. The religious marriage held weight, it didn't matter if it was "legal" or not. I have heard of other reports in other countries of people being denied a K-1 visa for having a religious marriage. You could get Islamically married in the US and start the spousal visa process. It's cheaper and more convenient and only about a month longer.

To answer the question above of how it got here, the OP suggested it as a possible course of action.

Thank you for this. The problem is, when she comes to the U.S. airport, and you say "marriage", apparently they get all uppity and think you're going to try to file for AOS. We are not. We want to do this the right way.

Can she just say she's just visiting? I know it's not the complete truth, but it seems like no matter what route I take, there's going to be a point where there's a half truth being told. If I apply for K1 with a religious marriage, and they ask "are you married?" and we say "no", it's a half truth. According to UK and US law, no, we're not. But religiously, we are.

The point is, I want the actual visa process to be honest and transparent as possible. I like doing things by the books.

[pushbrk 12,824]

Thank you for this. The problem is, when she comes to the U.S. airport, and you say "marriage", apparently they get all uppity and think you're going to try to file for AOS. We are not. We want to do this the right way.

Can she just say she's just visiting? I know it's not the complete truth, but it seems like no matter what route I take, there's going to be a point where there's a half truth being told. If I apply for K1 with a religious marriage, and they ask "are you married?" and we say "no", it's a half truth. According to UK and US law, no, we're not. But religiously, we are.

The point is, I want the actual visa process to be honest and transparent as possible. I like doing things by the books.

I would suggest a generic but truthful answer that does not mention marriage. Surely she will be visiting, or on holiday or if you are going to Disney World, then say that. Key is truthful but generic.

[Harpa Timsah 13,258]

Yes, she can say she's visiting. That's not a lie. Then you can whatever kind of marriage you want in the US, and then file for spousal visa. Sounds like a good plan. Good luck.

[Orando 57]

In the context of immigration the religious marriage without civil registry often puts the couple in a Catch 22. They are "too married" for a fiancee visa but "not married enough" for a spouse visa. The OP's plan of legal marriage during a US visit is perfectly fine. Not sure how this topic got interjected here.

Yeah, I get that, so if a ruling had to be made, I would think the strict constructionist, separation of church and state ruling would be made and not the activist ruling....but hey, that is just me and what I think does not matter in this regard, whatever the US Govt thinks is the right answer...yeah, what the other poster mentioned, the OP asked the question....

[pushbrk 12,824]

Yeah, I get that, so if a ruling had to be made, I would think the strict constructionist, separation of church and state ruling would be made and not the activist ruling....but hey, that is just me and what I think does not matter in this regard, whatever the US Govt thinks is the right answer...yeah, what the other poster mentioned, the OP asked the question....

This isn't a court matter and you wouldn't want to wait for it to become one. This is just how one small part of the government, Consular Immigrant Visa Services, tends to deal with such matters. They have their reasons.

[jq123 1]

Alright, so the best route is to get married here in the US and have her leave after a week or two. I'm going to have to convince her to come for another visit. (She came for the first one earlier this month for the engagement)

Edited February 24, 2012 by jq123

[Orando 57]

This isn't a court matter and you wouldn't want to wait for it to become one. This is just how one small part of the government, Consular Immigrant Visa Services, tends to deal with such matters. They have their reasons.

It is a legal matter that the consular officer will make a decision on in the embassy/consulate when someone goes to a K-1 visa interview and they disclose they will be having a religious wedding in the foreign country before leaving, the CO has to make a ruling on whether to issue the visa or not..I would expect a strict constructionist view of the law to rule, but, activists rulings are not unheard of when people interpret law and make decisions based on the law...they could very well lean to the activist side, happens all the time when people interpret laws...

[Rebecca Jo 1,962]

Where do you really want to get married?

If you want to marry in the UK, there is a visa through the UK that is specifically for that purpose. I believe the fee is nominal and it doesn't take long to get.

Google is your friend. Try "visit for marriage visa UK".

[elmcitymaven 9,712]

My ex and I got married on a brief trip back to the States (we were both living in London at the time).He was truthful about the purpose of his visit and had no issues at all. My ex just said, "I'm visiting to marry my US citizen girlfriend, with whom I live in London. We're getting married in the States because she wanted her family and friends to be present. We're flying back about a week after the wedding to London together, where we will continue to live." Wasn't asked to prove anything except that he had a flight back.

[pushbrk 12,824]

My ex and I got married on a brief trip back to the States (we were both living in London at the time).He was truthful about the purpose of his visit and had no issues at all. My ex just said, "I'm visiting to marry my US citizen girlfriend, with whom I live in London. We're getting married in the States because she wanted her family and friends to be present. We're flying back about a week after the wedding to London together, where we will continue to live." Wasn't asked to prove anything except that he had a flight back.

In a case where the USC lives abroad, this makes perfect sense. When the USC lives in the USA, it's best to give more generic answers that are also truthful.

[Rebecca Jo 1,962]

http://www.ukba.homeoffice.gov.uk/visas-immigration/visiting/marriage-cp/requirements/