US Citizen engaged to UK resident.

[wildh2o 0]

Well, I have tried to look for several hours now at anything that may apply to my situation. Maybe because of not being able to request the right search words I have not found an answer yet that clears up my confusion.

My situation:

I am a US citizen living in the US. I recently became engaged to a lovely and brilliant (My favorite British phrase now) UK citizen who is currently residing in the UK. In our happiness and innocence of all these processes we have set a date to get married in the UK on January 31st, 2014. The plans are:

1. I have to fly to UK in December to officially register for legal marriage in January

2. At the end of December, my UK fiancé gives one month's notice at her job

3. I fly back out in January and marry January 31st, 2014 in the UK. UK fiancé's job officially ends. UK fiancé now officially my UK spouse purchases one way ticket to states.

4. Honeymoon till middle of Feb. 2014

5. Honeymoon over, middle of Feb. 2014 we both fly back to states. Me with my return flight on my roundtrip ticket. My now UK spouse with her one way ticket.

6. We move in together and live happily ever after in the US.

Obviously all the above sounded pretty good. After reading the forums though I don't think it may work out like that. My confusion lies in the following:

1. When I read about the 129f that is for people getting married in the states this does not apply to us. We are planning to marry in UK

2. When I read about the K3 and IR-1 and CR-1 Visas, those apply to Spouses. However we are not married yet. So it does not look like I can file

On the forums I have read about all the things my spouse and I will need to do if we apply and we have all the documentation that will be needed for the process. However, these are my questions that I can't seem to figure out from searching the forum:

1. Is there any paperwork that I can file right now that would get the process started so that my spouse would be able to enter the country with me immediately after our wedding on Jan 31st?

2. If the answer to #1 is NO and we have to file the paperwork AFTER we marry in the UK, is there anyway she could come back to the states with me on a regular tourist visa? Or will she have to stay in the UK for 6 to 9 months while its being processed?

3. If the answer to #1 is YES, which visa would be best to file right now? and can my fiancé enter the country with me after we marry if the application is still being processed?

4. If she is forced to stay in the UK after our marriage, then can she visit the states on tourist visa?

As you can see, all my questions sort of end with "will my wife be able to come home with me or not?"

I tried to break down my questions as clear as possible. I hope it was not too confusing and that maybe someone else had this same situation.

Thank you from David and Lynne

[Pitaya 2,577]

~~Moved from K-1 Process to What Visa Do I Need Forum~~

[amykathleen2005 441]

Well, I have tried to look for several hours now at anything that may apply to my situation. Maybe because of not being able to request the right search words I have not found an answer yet that clears up my confusion.

My situation:

I am a US citizen living in the US. I recently became engaged to a lovely and brilliant (My favorite British phrase now) UK citizen who is currently residing in the UK. In our happiness and innocence of all these processes we have set a date to get married in the UK on January 31st, 2014. The plans are:

1. I have to fly to UK in December to officially register for legal marriage in January

2. At the end of December, my UK fiancé gives one month's notice at her job

3. I fly back out in January and marry January 31st, 2014 in the UK. UK fiancé's job officially ends. UK fiancé now officially my UK spouse purchases one way ticket to states.

4. Honeymoon till middle of Feb. 2014

5. Honeymoon over, middle of Feb. 2014 we both fly back to states. Me with my return flight on my roundtrip ticket. My now UK spouse with her one way ticket.

6. We move in together and live happily ever after in the US.

Obviously all the above sounded pretty good. After reading the forums though I don't think it may work out like that. My confusion lies in the following:

1. When I read about the 129f that is for people getting married in the states this does not apply to us. We are planning to marry in UK

This is a fiance visa, as you plan to enter married this does not apply.

2. When I read about the K3 and IR-1 and CR-1 Visas, those apply to Spouses. However we are not married yet. So it does not look like I can file

K-3 no longer applies. You would go for a CR-1. You need to be married to apply. You can be married in a simple courthouse for this to apply.

On the forums I have read about all the things my spouse and I will need to do if we apply and we have all the documentation that will be needed for the process. However, these are my questions that I can't seem to figure out from searching the forum:

1. Is there any paperwork that I can file right now that would get the process started so that my spouse would be able to enter the country with me immediately after our wedding on Jan 31st?

No, either marry and apply for a CR-1 or apply for a K-1 and get married in the US.

2. If the answer to #1 is NO and we have to file the paperwork AFTER we marry in the UK, is there anyway she could come back to the states with me on a regular tourist visa? Or will she have to stay in the UK for 6 to 9 months while its being processed?

You can enter on VWP or a visa but you will need to be honest about being married. They may or may not allow you to visit during this period.

3. If the answer to #1 is YES, which visa would be best to file right now? and can my fiancé enter the country with me after we marry if the application is still being processed?

She will not be able to immigrate right away, however she can visit while the visa is in process

4. If she is forced to stay in the UK after our marriage, then can she visit the states on tourist visa?

Yes

As you can see, all my questions sort of end with "will my wife be able to come home with me or not?"

I tried to break down my questions as clear as possible. I hope it was not too confusing and that maybe someone else had this same situation.

Thank you from David and Lynne

Edited August 9, 2013 by amykathleen2005

[amykathleen2005 441]

The fastest way that you could go about this process would be:

1. Get married ASAP in a legal civil wedding.

2. Apply for the CR-1 right after this marriage.

3. Wait

4. Get married for friends and family in the UK on planned day.

5. Wait a little more.

6. Receive visa

7. Enter USA and receive greencard.

Edited August 9, 2013 by amykathleen2005

[wildh2o 0]

The fastest way that you could go about this process would be:

1. Get married ASAP in a legal civil wedding.

2. Apply for the CR-1 right after this marriage.

3. Wait

4. Get married for friends and family in the UK on planned day.

5. Wait a little more.

6. Receive visa

7. Enter USA and receive greencard.

[wildh2o 0]

The fastest way that you could go about this process would be:

1. Get married ASAP in a legal civil wedding.

2. Apply for the CR-1 right after this marriage.

3. Wait

4. Get married for friends and family in the UK on planned day.

5. Wait a little more.

6. Receive visa

7. Enter USA and receive greencard.

Thank you so much for the quick reply AmyKathleen. It is so amazing to me how nice so many people are on this site helping others. Your reply raised a few questions.

1. As a British Citizen, my fiancé automatically gets 3 months in the US just for visiting. If we wait to get married legally in UK on Jan 31st, 2014 as planned, My fiancé NOT quit her job. Have a ROUNDTRIP ticket to US and back to UK. Could she then fly back with me to the US, tell the immigration officer that she is married to me and wants to file the CR-1 paperwork with me while in the states, but is PLANNING on returning before her 3 months as tourist is up?

2.If we do a quick legal civil wedding in the US does any paperwork have to be filed prior?

3. If we do get married ASAP in a legal wedding. How does travel for either of us happen? What do you tell immigration upon entering a country? Her coming to States or Me going to England? For example: We plan quick civil wedding in a few weeks in states. What does she say on entering the country? OR We plan quick civil wedding in a few weeks in the UK. What do I say on entering the country?

4. It appears that from what you said that she can come into and out of the US to visit while the CR-1 is being processed as long as she is honest about being married and they approve of the visit at the airport. If approved to VISIT ONLY, how long does she have to leave the country for after the 3 month tourist stamp expires, before she could attempt another visit?

Thanks again. The whole traveling even just to visit has me confused a bit.

David and Lynne

[NikLR 13,227]

Thank you so much for the quick reply AmyKathleen. It is so amazing to me how nice so many people are on this site helping others. Your reply raised a few questions.

1. As a British Citizen, my fiancé automatically gets 3 months in the US just for visiting. If we wait to get married legally in UK on Jan 31st, 2014 as planned, My fiancé NOT quit her job. Have a ROUNDTRIP ticket to US and back to UK. Could she then fly back with me to the US, tell the immigration officer that she is married to me and wants to file the CR-1 paperwork with me while in the states, but is PLANNING on returning before her 3 months as tourist is up?

2.If we do a quick legal civil wedding in the US does any paperwork have to be filed prior?

3. If we do get married ASAP in a legal wedding. How does travel for either of us happen? What do you tell immigration upon entering a country? Her coming to States or Me going to England? For example: We plan quick civil wedding in a few weeks in states. What does she say on entering the country? OR We plan quick civil wedding in a few weeks in the UK. What do I say on entering the country?

4. It appears that from what you said that she can come into and out of the US to visit while the CR-1 is being processed as long as she is honest about being married and they approve of the visit at the airport. If approved to VISIT ONLY, how long does she have to leave the country for after the 3 month tourist stamp expires, before she could attempt another visit?

Thanks again. The whole traveling even just to visit has me confused a bit.

David and Lynne

Your fiancée should apply for her ESTA and take advantage of the VWP. What I suggest is just saying what needs to be said and never lie. That doesn't mean you need to go on and on however, nervous people tend to do that. Be polite, be friendly, look them in the eye, and be confident. There is a stickied post in the K1 forum about "Yes you can visit"

Example CBP encounter:

why are you here? Visiting my husband.

How long do you plan to stay? XX time (always leave 2-3 days before the 90 days are up!)

Where do you work? XX place

How did you meet? XX

etc..

There will be more questions than if you say "going to disneyland" likely but generally speaking, most CBP will let someone through if they feel you're not trying to immigrate.

I visited my husband 3 times in the USA. Once before we started the process and twice afterwards. It's a very good idea to bring proof of your ties to your home country. Those can include apartment/flat leases, car leases, mortgage, a letter from employer stating when you should be back, any ongoing bills/utilities, and after the I-130 is filed, the NOA1. Basically things that a normal person just doesn't up and leave. They can be presented if asked for, but may not even be mentioned. I brought all of that with me, but was never asked to see it.

On the VWP she can stay up to 180 days total per 365 days, with 90 days MAX per stay. Like I said, give time for travel, she should try to leave 2-3 days before the 90 days are up. Do not overstay.

You'd have to check in your county for what's required for a civil ceremony. Also there are some rules regarding marriage in the UK that you guys should also look up should you decide to marry there.

[amykathleen2005 441]

Thank you so much for the quick reply AmyKathleen. It is so amazing to me how nice so many people are on this site helping others. Your reply raised a few questions.

You are welcome!

1. As a British Citizen, my fiancé automatically gets 3 months in the US just for visiting. If we wait to get married legally in UK on Jan 31st, 2014 as planned, My fiancé NOT quit her job. Have a ROUNDTRIP ticket to US and back to UK. Could she then fly back with me to the US, tell the immigration officer that she is married to me and wants to file the CR-1 paperwork with me while in the states, but is PLANNING on returning before her 3 months as tourist is up?

Yes, she will however need proof to show that she is planning on going back to the UK. This can be letters from employers, if she is taking any classes a letter from her school, mortgage, lease, etc. Most people will have no problem coming in with some money and a round trip ticket but occasionally you may need this proof.

2.If we do a quick legal civil wedding in the US does any paperwork have to be filed prior?

Some jurisdictions require you to do certain things or have lived there a certain time period. You would have to contact your local county courthouse to see what applies to you. As far as the CR-1 you just need a certified marriage certificate.

3. If we do get married ASAP in a legal wedding. How does travel for either of us happen? What do you tell immigration upon entering a country? Her coming to States or Me going to England? For example: We plan quick civil wedding in a few weeks in states. What does she say on entering the country? OR We plan quick civil wedding in a few weeks in the UK. What do I say on entering the country?

If she were to come to the US she can say that she is coming to visit. If asked further she can say that she is planning to marry and go back home. Answer what they ask directly. Many people come everyday to the US to marry. Again if she has proof that she is planning on going home it won't be as much of an issue. I would say that from what I know of marriages in the UK (which is minimal) you have to do a lot of preliminary work such as posting a notice of marriage etc In terms of that it might be easier to be married in the US, or you can marry in any country you want.

4. It appears that from what you said that she can come into and out of the US to visit while the CR-1 is being processed as long as she is honest about being married and they approve of the visit at the airport. If approved to VISIT ONLY, how long does she have to leave the country for after the 3 month tourist stamp expires, before she could attempt another visit?

She can visit for 90 day increments via the Visa Waiver Program. Arguably you can come back in after a few days; however, they will deny entry if they think you are spending more time in the country then out. A denial of the VWP means that she will need to apply for a visa at the embassy for further visits. Also do not overstay the VWP or you will not be allowed to us it again.

Edited August 10, 2013 by amykathleen2005

[wildh2o 0]

Thank you again Amy. Lynne and I now have a much better idea of where to start.

One possible conflict in info has arisen.

1. On this page of this website

http://www.visajourney.com/content/compare

Under desciption of cr1/ir1 visas. Where it says MINUSES it says this:

The applicant will most likely not be able to enter the US while their IR1-CR-1 Visa is being processed.

Some have mentioned in replies to this post that Lynne could travel from UK to US on her tourist visa. While the cr1 was being processed.

Which information is more accurate?

Thanks again,

David and Lynne

[amykathleen2005 441]

That link is very old information. It lists the K-3 which has not been in use for many years. Many people have come to visit while the CR-1 has been processed and have had no problems. Again it is all about the proof she brings that she will be heading home.

Here is a pinned thread on the topic, it is about the K-1 but the same info applies.

http://www.visajourney.com/forums/topic/67796-yes-you-can-visit/

Edited August 10, 2013 by amykathleen2005

[NikLR 13,227]

Thank you again Amy. Lynne and I now have a much better idea of where to start.

One possible conflict in info has arisen.

1. On this page of this website

http://www.visajourney.com/content/compare

Under desciption of cr1/ir1 visas. Where it says MINUSES it says this:

The applicant will most likely not be able to enter the US while their IR1-CR-1 Visa is being processed.

Some have mentioned in replies to this post that Lynne could travel from UK to US on her tourist visa. While the cr1 was being processed.

Which information is more accurate?

Thanks again,

David and Lynne

That portion in the compare guide is for some countries where the spouse needs to apply for a visitor visa (not a VWP or Canada) they will likely be denied because they have a USC spouse.

[wildh2o 0]

Thank so much to all on this thread for the help and encouragement. At this point Lynne and I have decided to go the cr-1 route. I am going to start a new thread in that forum.

Thanks again all!

David and Lynne