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To get married in UK or USA? HELP

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A little confusion in here, and to be clear: a non-EU national requires a visa to marry in the UK, even if they aren't going to reside there. This is called a marriage visitor visa, and you can read more information about it here: https://www.gov.uk/marriage-visa/overview

There's also the equivalent of a spousal visa for the UK which, as mentioned above, has been tightened up considerably in recent times and now has quite stringent financial requirements, amongst other things.

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Filed: Timeline

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? Because the last thing you want to do is to lie a CBP official. I mean you already have the intent to marry. Now, if you just go with your tourist visa, lie that you are visiting and getting married in the US that considered to be visa fraud. Good luck with that! By the way, 3 months being apart is not at all terrible!!!! Some people have husbands who are in the military being away for a year..ymmv.

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

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It's worth saying again for the OP' sake and others who may read this thread.

It it NOT visa fraud to get married while on a tourist visa or VWP in the US.

People who go to the US for destination weddings do it all the time - Las Vegas anyone?

What is considered fraud is to enter the US on a non-immigrant visa like a tourist visa with the intent to marry and adjust status and stay in the US without applying for an immigrant visa.

So in the OP's case there would be no fraud as that is not what she is intending to do.

Lying to the border official though would be a bad idea and if caught is the sort of thing which gets you a lifetime ban. So if for example the OP was pulled into secondary questioning and said she was only visiting and they asked her directly if she was going to get married and she said no. And then they examine her luggage and find a wedding dress etc, she is in big trouble.

But she is going to be visiting so unless asked directly about wedding plans it's not lying to say she is there to visit.

And re the suggestion to bring evidence of plans to return - it's not a bad idea - such documents as return ticket, letter from employers, university enrollment evidence etc have helped various people on this board when questioned further about their intentions for their trip.

After I was married I visited my husband five times while we were waiting for the visa to process because when you say to the border officer that you are visiting your boyfriend, fiance or husband they sometimes do question you a little bit more about your intentions to return home. I always took a package of documents similar to the above after reading on here a case of someone from a European country who was sent home on the next flight when they couldn't convince the border official that they were only visiting.

It is

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Filed: AOS (apr) Country: Argentina
Timeline

In regards to the visa options:

  • K1: Fiance(e) visa which requires: Both parties be free and able to marry at the time of the petition and thereafter, both parties have met in the past 2 years (you'll need evidence of this), and one of the parties be a U.S. Citizen.
    • Pros of K1 visa:
      • Process takes about 8-10 months; excluding an expedite.
      • Initial fees are less, just the K1 petition fee to file initially.
      • You can visit each other whilst this this processing, but you do risk the chance of being denied at the Point of Entry (PoE) or the US Airport.
    • Cons of K1 visa:
      • More expensive in the long run (fees as of 11/3/2014):
        • K1 petition fee ($340)
        • Visa Processing Fee ($265)
        • Adjustment of Status (AOS) fee ($985) and Biometrics fee ($85). (Total: $1070). AP and EAD fees are waived when filed with or after AOS.
        • Removal of Conditions Fee, if married less than 2 year at the point of the GC being granted, ($505) and Biometrics, if applicable ($85). (Total: $590)
        • Medical Appointment Fee (Varies, typically $100-$300).
        • Total potential cost: $2565.00
      • Must marry within 90 days of the Foreign Citizen (or Beneficiary) of entering the US on the K1 visa, which does not allow much time to plan a wedding.
      • Beneficiary cannot work until you shell up the $1070 to Adjust their status (AOS) whilst in the US, and has received their Employment Authorization Document.
      • Beneficiary will not be allowed re-entry if they leave the US whilst their AOS is process unless they have both filed and received their Advance Parole (AP) card.
  • CR-1: Conditional Residency Visa, which is filed for a marriage which is less than 2 years old.
  • IR-1: Immediate Relative Visa, which is filed for a marriage which is 2 years or older.
    • Pros of IR1/CR1 visas:
      • Fees are less in the long run (fees as of 11/3/2014):
        • IR1/CR1 petition fees ($420)
        • Visa processing fees ($230)
        • ROC if a CR1 visa holder and married for less than 2 years at the time of entering the US ($505) and Biometrics, if applicable ($85). (Total: $590)
        • Medical Fees: ($200-300)
        • Total Potential Cost: $1540.00
      • Spouse has LPR status and green card upon entering the US (minus mailing/processing time of printing said card).
      • Spouse does not have to worry about obtaining an EAD to work.
      • Spouse does not have to worry about obtaining an AP to re-enter the country.
      • Can visit whilst it is processing, but you do risk the chance of being denied at the Point of Entry (PoE) or the US Airport.
      • Wedding can take place anywhere and anytime as long as you have the appropriate visas to travel to the destination country.
    • Cons of IR1/CR1 visas:
      • Process takes about 10-14 months on average (some much longer, especially in high fraud countries).
      • Filing fees are initially more.
      • Have to be married before filing, so there are the costs of the flights/visas/wedding. Plus any necessary requirements to marry in the chosen destination country.

Hope that helps.

Edited by d3adc0d3

~ Don't forget to 'Vote Up' useful advice from others ~

K1 Visa Journey [April 11, 2013 - August 31, 2014]
[2014-09-20] !!! WEDDING !!!
[2014-09-22] Applied for SSN
[2014-09-26] Marriage License in Snail Mail
[2014-10-22] Notification of SSC in mail, will arrive "within 2 weeks"
[2014-10-27] SSC Arrived!

2015-04-30] Mailed AOS Package!
[2015-06-16] EAD Approved!
[2015-06-16] AP Approved!
[2015-06-23] EAD/AP Card Received!

[2015-10-02] AOS Approved (No Interview)!

[2015-10-07] Greencard Mailed

[2015-10-09] Approval Notice Recieved

[2015-10-09] Greencard Recieved!

I used RapidVisa for my petition; a paperwork service. A K1 is $375.00 to use their hassle-free online application system.

Useful Links:
Igor's List | Advanced Search Tool | Q&A With a Former USCIS Adjudicator
Visa Status Checker (Once you get a Case # from NVC) | Offical USCIS Reasons for a K1 Denial

The advice offered by this user is not legal advice. You should contact an attorney to obtain legal advice.

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** just to note the IV fees have increased to $325 and the AOS fee is $120 plus there is a $165 Immigrant fee for the printing of the green card.

That raises the potential cost of the CR1 to $1920 (approx - depends on medical and police certificate costs but those are also required for the K1.)

Also the CR1 has upon entry to the USA, a valid temporary green card via their endorsed visa. The immigrant can obtain an SSN, and work right away if they want.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Filed: AOS (apr) Country: Argentina
Timeline

** just to note the IV fees have increased to $325 and the AOS fee is $120 plus there is a $165 Immigrant fee for the printing of the green card.

That raises the potential cost of the CR1 to $1920 (approx - depends on medical and police certificate costs but those are also required for the K1.)

Also the CR1 has upon entry to the USA, a valid temporary green card via their endorsed visa. The immigrant can obtain an SSN, and work right away if they want.

Thank you, I tried to find a fee schedule that provided a more up to date set of fees as I know they were upped a few months ago, but I couldn't find one; so I figured those were the right ones even though I had a nagging recollection of them being different. :blush:

Edited by d3adc0d3

~ Don't forget to 'Vote Up' useful advice from others ~

K1 Visa Journey [April 11, 2013 - August 31, 2014]
[2014-09-20] !!! WEDDING !!!
[2014-09-22] Applied for SSN
[2014-09-26] Marriage License in Snail Mail
[2014-10-22] Notification of SSC in mail, will arrive "within 2 weeks"
[2014-10-27] SSC Arrived!

2015-04-30] Mailed AOS Package!
[2015-06-16] EAD Approved!
[2015-06-16] AP Approved!
[2015-06-23] EAD/AP Card Received!

[2015-10-02] AOS Approved (No Interview)!

[2015-10-07] Greencard Mailed

[2015-10-09] Approval Notice Recieved

[2015-10-09] Greencard Recieved!

I used RapidVisa for my petition; a paperwork service. A K1 is $375.00 to use their hassle-free online application system.

Useful Links:
Igor's List | Advanced Search Tool | Q&A With a Former USCIS Adjudicator
Visa Status Checker (Once you get a Case # from NVC) | Offical USCIS Reasons for a K1 Denial

The advice offered by this user is not legal advice. You should contact an attorney to obtain legal advice.

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