To get married in UK or USA? HELP

[JCV 5]

My boyfriend and I have been together a year, we want to both live in USA eventually. We hired a lawyer in order to help us with getting a visa and have to give her our answer to which option we decide on.

She told us it is easier for us to get married in UK and apply for the spousal visa, as my boyfriend plans on living in UK for 6 months until I graduate - he has a flight booked for december 29th. However she did not mention that we would need to apply for a visa to even get married in UK and we assumed we could just get married as we didn't plan on living in UK. I will be in USA in 2 weeks, for two weeks. My boyfriend is 24, I am 22 and he graduates in december. We would use his father as a co-sponsor as he currently if a full time student.

I would love some advice on what to do as we want the visa ready for when I graduate in July. Or even if there is a different option available?

Any personal recommendations on the best way to do this?

[JohnR! 5,495]

Heed her advice.

My boyfriend and I have been together a year, we want to both live in USA eventually. We hired a lawyer in order to help us with getting a visa and have to give her our answer to which option we decide on.

She told us it is easier for us to get married in UK and apply for the spousal visa, as my boyfriend plans on living in UK for 6 months until I graduate - he has a flight booked for december 29th. However she did not mention that we would need to apply for a visa to even get married in UK and we assumed we could just get married as we didn't plan on living in UK. I will be in USA in 2 weeks, for two weeks. My boyfriend is 24, I am 22 and he graduates in december. We would use his father as a co-sponsor as he currently if a full time student.

I would love some advice on what to do as we want the visa ready for when I graduate in July. Or even if there is a different option available?

Any personal recommendations on the best way to do this?

[*Snowdrop* 604]

If you do the spousal visa you can get married in the US when you visit for 2 weeks (you don't need a visa for that)

Or you can get married in the UK (having applied for the correct UK visa for your boyfriend. it's quite a quick process compared to the US fiance visa)

BUT.... if you want to move in July next year then it's unlikely the spousal visa will have finished processing by then - some cases are taking over a year.

So at the moment your best bet for quickness would be the K1 fiance visa - you may be lucky enough to get that processed in time for July.

If you do the K1 then you will have to have your wedding in the US within 90 days of arriving. And you won't be allowed to work or leave and return to the US easily until you have the right documents - which will probably take about 3 months (from getting married and sending the docs in)

So as you are both at a similar point in your lives and careers you will want to discuss the following things:

Where do you want to get married?

When do you want to move? Is that date flexible?

How important is it for you to be able to work or leave the US and travel after you first move over there?

Also UK immigration requirements have become very strict recently in terms of financial requirements for a spouse who is immigrating. However there may still be a wedding visa option to cater for 'destination weddings' where the person does not intend to live in the UK which do not require the same financial support requirements. So check that out first as it may make a difference to your plans. Unlike the US the UK does not accept co-sponsors for finances so you will need to meet the requirements on your own.

Edited November 2, 2014 by Trellick

[Kolewenoik31 57]

You only have two opt. 1. K-1 fiance visa or 2. CR-1 spousal visa. Review the guides with your fiance' and decide on which one would fit your situation. Not many options and the process is long either way you go.

Edited November 2, 2014 by Kolewenoik31

[JCV 5]

If you do the spousal visa you can get married in the US when you visit for 2 weeks (you don't need a visa for that)

Or you can get married in the UK (having applied for the correct UK visa for your boyfriend. it's quite a quick process compared to the US fiance visa)

BUT.... if you want to move in July next year then it's unlikely the spousal visa will have finished processing by then - some cases are taking over a year.

So at the moment your best bet for quickness would be the K1 fiance visa - you may be lucky enough to get that processed in time for July.

If you do the K1 then you will have to have your wedding in the US within 90 days of arriving. And you won't be allowed to work or leave and return to the US easily until you have the right documents - which will probably take about 3 months (from getting married and sending the docs in)

So as you are both at a similar point in your lives and careers you will want to discuss the following things:

Where do you want to get married?

When do you want to move? Is that date flexible?

How important is it for you to be able to work or leave the US and travel after you first move over there?

Also UK immigration requirements have become very strict recently in terms of financial requirements for a spouse who is immigrating. However there may still be a wedding visa option to cater for 'destination weddings' where the person does not intend to live in the UK which do not require the same financial support requirements. So check that out first as it may make a difference to your plans. Unlike the US the UK does not accept co-sponsors for finances so you will need to meet the requirements on your own.

You only have two opt. 1. K-1 fiance visa or 2. CR-1 spousal visa. Review the guides with your fiance' and decide on which one would fit your situation. Not many options and the process is long either way you go.

The K1 visa was always our plan which is why we were suprised the lawyer told us it was easier to get married first. Are you allowed a co-sponsor for the K1 visa application? That is the only thing that worries me about it as we are both currently students.

[Ning 619]

My boyfriend and I have been together a year, we want to both live in USA eventually. We hired a lawyer in order to help us with getting a visa and have to give her our answer to which option we decide on.

She told us it is easier for us to get married in UK and apply for the spousal visa, as my boyfriend plans on living in UK for 6 months until I graduate - he has a flight booked for december 29th. However she did not mention that we would need to apply for a visa to even get married in UK and we assumed we could just get married as we didn't plan on living in UK. I will be in USA in 2 weeks, for two weeks. My boyfriend is 24, I am 22 and he graduates in december. We would use his father as a co-sponsor as he currently if a full time student.

I would love some advice on what to do as we want the visa ready for when I graduate in July. Or even if there is a different option available?

Any personal recommendations on the best way to do this?

The lawyer is running a business. V J is free for the same result. The lawyer is an information filter.

We would need a visa to marry? Are you a citizen of the UK?

You leave for the USA in 2 weeks. You will be here for two weeks. This means you will be gone by the time he comes to the USA in Dec?

If you marry in the USA he could file for a CR1 the next day. Doing that eliminates the need for him having a visa. It also eliminates the need for a lawyer because the 130 petition is easy to fill out.

[RWD 2]

If you're using a co-sponsor, CR-1 spousal visa is the way to go. You can include the co-sponsor when you do the affidavit of support. I'm currently a college student that's not working and we're having my mom co-sponsor.

Edited November 2, 2014 by RWD

[yuna628 9,676]

I would have questions for that lawyer, as in why they believe considering the recent immigration changes in the UK, it would ever be able to claim that a spousal visa is easier to obtain in the UK. If one had said that to me, I would of sought out a new lawyer. A visa is still required to even be married in the UK, even if you don't intend on staying there/adjusting status with a spousal visa. There are still strict financial requirements for fiancé UK visas. If money is of no issue then it's an avenue you can explore. You can of course either apply for a US K1 visa or go through the hoops in the UK and then apply for a US spousal visa. But if you intend to marry in the UK, you'll have to go through their strict rules first.

[JCV 5]

I am going to be in USA from 17th November till 1st december and my boyfriend comes to UK on 29th december. Are you saying it is possible for us to get married in USA whilst I am on a tourist visa? and he applys for the cr1 visa instantly and we wouldnt have to apply for a marriage visitor visa for uk and he can just visit on a tourist visa? Sorry if i sound rude/ straight to the point i am sure you can understand my frustration as we have been apart for nearly 3 months now

The lawyer is running a business. V J is free for the same result. The lawyer is an information filter.

We would need a visa to marry? Are you a citizen of the UK?

You leave for the USA in 2 weeks. You will be here for two weeks. This means you will be gone by the time he comes to the USA in Dec?

If you marry in the USA he could file for a CR1 the next day. Doing that eliminates the need for him having a visa. It also eliminates the need for a lawyer because the 130 petition is easy to fill out.

I would have questions for that lawyer, as in why they believe considering the recent immigration changes in the UK, it would ever be able to claim that a spousal visa is easier to obtain in the UK. If one had said that to me, I would of sought out a new lawyer. A visa is still required to even be married in the UK, even if you don't intend on staying there/adjusting status with a spousal visa. There are still strict financial requirements for fiancé UK visas. If money is of no issue then it's an avenue you can explore. You can of course either apply for a US K1 visa or go through the hoops in the UK and then apply for a US spousal visa. But if you intend to marry in the UK, you'll have to go through their strict rules first.

[NikLR 13,227]

~~moved to what visa do I need from IR1/CR1 process and procedures~~

[*Snowdrop* 604]

Yes - it is possible for you to get married while there as a tourist - you could send your I-130 forms in immediately and then you go back to the UK to finish your studies and he come to visit you on a normal tourist/VWP visa.

But - do some research in processing times - if you want to move in July it is VERY unlikely you will be through the system in time with a spousal visa. You may not even be able to complete the K1 in time for July either but on current processing times that is much more likely.

Of course if you do the spousal visa you get your green card and are ready to work and can easily travel in and out of the US immediately.

If you do the K1 there are more fees and forms to file etc when you arrive.

So you need to decide what works best for you.

[JCV 5]

Yes - it is possible for you to get married while there as a tourist - you could send your I-130 forms in immediately and then you go back to the UK to finish your studies and he come to visit you on a normal tourist/VWP visa.

But - do some research in processing times - if you want to move in July it is VERY unlikely you will be through the system in time with a spousal visa. You may not even be able to complete the K1 in time for July either but on current processing times that is much more likely.

Of course if you do the spousal visa you get your green card and are ready to work and can easily travel in and out of the US immediately.

If you do the K1 there are more fees and forms to file etc when you arrive.

So you need to decide what works best for you.

Wow...so I just spoek with my boyfriend and this is probably what we will do as it is the most fastest way, which isn't actually that fast.

I looked online and found this

Nothing says that you can't get married on a tourist visa, but this can be tricky. You can get married and go back home before your visa expires, but you'll need hard evidence to prove to the CBP officials that you intend to return your home country. You have to come armed with lease agreements, letters from employers, and above all, a return ticket. The more evidence that you can show that proves your intention to return home, the better your chances will be of getting through the border.

When I enter USA why would i need to tell anyone I am getting married? can i not just say I am going for a visit like I planned?

Also I already own a tourist visa which lasts for 2 years in USA

Wow...so I just spoek with my boyfriend and this is probably what we will do as it is the most fastest way, which isn't actually that fast.

I looked online and found this

Nothing says that you can't get married on a tourist visa, but this can be tricky. You can get married and go back home before your visa expires, but you'll need hard evidence to prove to the CBP officials that you intend to return your home country. You have to come armed with lease agreements, letters from employers, and above all, a return ticket. The more evidence that you can show that proves your intention to return home, the better your chances will be of getting through the border.

When I enter USA why would i need to tell anyone I am getting married? can i not just say I am going for a visit like I planned?

[Ning 619]

I am going to be in USA from 17th November till 1st december and my boyfriend comes to UK on 29th december. Are you saying it is possible for us to get married in USA whilst I am on a tourist visa? and he applys for the cr1 visa instantly and we wouldnt have to apply for a marriage visitor visa for uk and he can just visit on a tourist visa? Sorry if i sound rude/ straight to the point i am sure you can understand my frustration as we have been apart for nearly 3 months now

I don't think you are rude.

Yes you can marry while here on a tourist visa. He could then file the first 130 petition the next day. Study this now so you both have what is required to do so.

Yes he could visit you and you could visit him here.

[Ning 619]

Wow...so I just spoek with my boyfriend and this is probably what we will do as it is the most fastest way, which isn't actually that fast.

I looked online and found this

Nothing says that you can't get married on a tourist visa, but this can be tricky. You can get married and go back home before your visa expires, but you'll need hard evidence to prove to the CBP officials that you intend to return your home country. You have to come armed with lease agreements, letters from employers, and above all, a return ticket. The more evidence that you can show that proves your intention to return home, the better your chances will be of getting through the border.

When I enter USA why would i need to tell anyone I am getting married? can i not just say I am going for a visit like I planned?

Also I already own a tourist visa which lasts for 2 years in USA

Tricky? No. This is done all the time. Where did you find the info saying people need all this hard evidence?

[icv21 110]

I think the K-1 would be a better plan for you. Your boyfriend can ask for it right now and you can even go visit while its in process. By summer could be done.

Spouse visas are taking like a year for what I see here.....