Jump to content
LarissaAnn

Marry my fiance here in the States, but moving to the UK right after? Visitor visa okay or fiance visa?

18 posts in this topic

Recommended Posts

Filed: Timeline
Posted

Hi sorry for the long title and sorry if I'm posting in the wrong thread.

My fiance is British and we want to get married here in the States but then move to the UK afterwards and then move the U.S. maybe a year or two later...but definitely not right after the wedding. Do I need to apply for a fiance visa even though we don't plan to settle here right after the wedding or can he marry on his visitor visa and then we move to the UK?

Thank you so much for your help!

Filed: Citizen (apr) Country: Argentina
Timeline
Posted

Hello and welcome to the forum.

No, you would not need to apply for a fiance(e) visa, because the purpose of a K1 is to be able to get married in the US and remain in the country. It's a single entry visa.

You can get married, go back to the UK and whenever you are ready, you can apply for an spousal visa CR1, in order to come back. Here's the guide. http://www.visajourney.com/content/i130guide1

If your spouse will be living in the UK with you after the wedding, you can look into http://www.visajourney.com/content/dcf

Since you have a wonderful UK community here in VJ that will be able to assist you with any info you may need in the future, I'm going to move your post to the UK Regional Forum.

Filed: Timeline
Posted

Hello and welcome to the forum.

No, you would not need to apply for a fiance(e) visa, because the purpose of a K1 is to be able to get married in the US and remain in the country. It's a single entry visa.

You can get married, go back to the UK and whenever you are ready, you can apply for an spousal visa CR1, in order to come back. Here's the guide. http://www.visajourney.com/content/i130guide1

If your spouse will be living in the UK with you after the wedding, you can look into http://www.visajourney.com/content/dcf

Since you have a wonderful UK community here in VJ that will be able to assist you with any info you may need in the future, I'm going to move your post to the UK Regional Forum.

Thank you so much!! I've been an emotional wreck all day stressing about this since I've already started (prematurely perhaps) planning the wedding here in the States, paid some deposits etc. and then after speaking with some couples and looking into immigration issues felt like I'd been hit by a freight train.

I'm sure I'll have more questions later, but will read your links first.

Filed: AOS (apr) Country: Serbia
Timeline
Posted

Hi sorry for the long title and sorry if I'm posting in the wrong thread.

My fiance is British and we want to get married here in the States but then move to the UK afterwards and then move the U.S. maybe a year or two later...but definitely not right after the wedding. Do I need to apply for a fiance visa even though we don't plan to settle here right after the wedding or can he marry on his visitor visa and then we move to the UK?

Thank you so much for your help!

As long as you have no intent on staying in the US after the wedding (like you stated), you can get married, no problem. Then, in due course, apply for a spousal visa to come back in live in the US.

Filed: Citizen (apr) Country: Argentina
Timeline
Posted

Thank you so much!! I've been an emotional wreck all day stressing about this since I've already started (prematurely perhaps) planning the wedding here in the States, paid some deposits etc. and then after speaking with some couples and looking into immigration issues felt like I'd been hit by a freight train.

I'm sure I'll have more questions later, but will read your links first.

Breathe, dear! star_smile.gif You have found the place that will clear all your immigration doubts.

Congrats on the engagement and have a wonderful wedding.

Filed: Timeline
Posted (edited)

Ooh man I love you guys, I seriously was a sad, sobby SAP today and you guys (and my fiance) have definitely helped me breathe a sigh of relief.

I imagine we'll need some substantial proof of intent to leave on both our sides which I'm sure between the two of us we can do in a jiffy.

Aww and thank you for the congrats <3

Edited by LarissaAnn
Filed: IR-1/CR-1 Visa Country: Colombia
Timeline
Posted

I got married to my Colombian citizen husband in July. I was also very worried about the same thing, but it all turned out fine. My husband told the officer that he was going to get married and they sent him to secondary inspection. THey then asked a few questions and let him go through. He had lots of evidence of intent to return, mainly all my stuff that says I have a contract in COlombia and had been living there for 4 years. I definitely was freaking out that day with nightmares of him being denied entry and the whole wedding being ruined! All turned out well and he has also entered and exited the US many times so Im sure that helped.

Below is what the Colombian embassy sent me when I asked this question.

Fiancé(e) of U.S. Citizens or Permanent Resident Aliens

(CT:VISA-798; 03-23-2006)

An alien proceeding to the United States to marry a U.S. citizen is classifiable K-1 as a nonimmigrant under INA 101(a)(15)(K). (See 22 CFR 41.81.) The fiancé(e) of a U.S. citizen or lawful permanent resident (LPR) may, however, be classified as a B-2 visitor if you are satisfied that the fiancé(e) intends to return to a residence abroad soon after the marriage. A B-2 visa may also be issued to an alien coming to the United States:

(1) Simply to meet the family of his or her fiancé;

(2) To become engaged;

(3) To make arrangements for the wedding; or

(4) To renew a relationship with the prospective spouse.

07/04/04 .. Met
07/07/12 .. Married


USCIS:
10/23/12 .. I-130 Sent
10/26/12 .. NOA1 date (NBC Missouri)
01/02/13 .. NOA2 date (68 days)

NVC:
01/14/13 .. NVC receives case
02/01/13 .. Case number assigned
02/04/13 .. AOS bill invoiced
02/04/13 .. AOS bill paid
02/14/13 .. IV Bill Invoiced
02/14/13 .. IV bill paid
02/06/13 .. AOS bill shown PAID
02/15/13 .. IV bill shown PAID
03/07/13 .. AOS packet sent
03/11/13 .. AOS packet accepted
03/24/13 .. IV packet sent
03/26/13 .. IV packet accepted
04/10/13 .. Case Complete

EMBASSY:
05/15/2013 .. Medical
05/20/2013 .. Interview Date
05/20/2013 .. Interview Result - APPROVED
05/27/2013 .. Visa
08/12/2013 .. POE

LIFTING CONDITIONS:

5/23/15 .. Date Filed

5/26/15 .. NOA

6/11/15 .. BIO Appointment

4/13/16 .. Approval

4/28/16 .. Greencard Received

Posted

Hi sorry for the long title and sorry if I'm posting in the wrong thread.

My fiance is British and we want to get married here in the States but then move to the UK afterwards and then move the U.S. maybe a year or two later...but definitely not right after the wedding. Do I need to apply for a fiance visa even though we don't plan to settle here right after the wedding or can he marry on his visitor visa and then we move to the UK?

Thank you so much for your help!

Your fiancé does not need a B2 visa as stated in the post above. He can travel visa free on the visa waiver program. Here's the new rules for you immigrating to the UK http://www.ukba.homeoffice.gov.uk/sitecontent/documents/news/soi-fam-mig.pdf

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

Posted

I did this! My (now ex-) husband and I had been living together in London for some time, and came back to the States to get married on holiday so my family could be there. When he and his mum came through CBP at the airport, he was asked the purpose of his visit. He told them, "I'm here to get married to my American fiancee, with whom I live in the UK. After the wedding, we'll be returning together to the UK. She lives there and works there." That was fine, they just asked to see his return ticket. No secondary. We moved to the US about a year later after we went through the DCF process.

Good luck and congratulations!star_smile.gif

larissa-lima-says-who-is-against-the-que

Filed: Country: England
Timeline
Posted

Did something similar here, although we also had to arrange a UK spousal visa for the wife before we returned to the UK. As long as you have enough documentation to prove you're returning to the UK afterward, you should have no problems clearing immigration at your POE.

BTW, good luck for the future! :thumbs:

Don't interrupt me when I'm talking to myself

2011-11-15.garfield.png

Filed: Timeline
Posted

Awesome! Thank you so much everyone!

Yeah I figured we'd need some heavy duty proof. I'm thinking my letters of resignation to my jobs, maybe booking a reception site in the UK under my name for a post wedding celebration there, my one way ticket to the UK, I'm sure I'll think up some more before the time comes too.

You've all been awesome so thank you again.

Posted

Make sure you've checked the new UK immigration rules for whether or not your British fiance can afford to bring you to his country.

Our journey together on this earth has come to an end.

I will see you one day again, my love.

Filed: Timeline
Posted

Make sure you've checked the new UK immigration rules for whether or not your British fiance can afford to bring you to his country.

Very good point, I looked into that too and by their requirements it looks like my fiance does as an engineer so it should hopefully be an easy (as hopefully possible) process.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...