Dutch national wanting to marry American fiancee to live in UK

[ichart84 0]

Please can someone help advise me as I find the whole visa procedure is so confusing!

Basically, my fiancée and I are looking to get married in America, after which we want to both move to London (UK) together to build our lives together there.

In short, the situation is this. I am a Dutch national living in London. I have a job here and have lived here for two years now. My fiancée is an American citizen currently living in Atlanta. Although I've know him for over 15 years, we only got together as a couple a year and a half ago and we got engaged in November (he was here in London on a tourist visa for 4.5 months before having to go back). We now really want to get married soon and be together in the same country.

Our plan is to get married in America (most likely in Atlanta, Georgia or Asheville, South Carolina) as that will mean his parents, who are in their 70s, can also attend our special day. After then, we plan to apply for a spouse visa to enable him to move to London so that we can finally live together and both work- i.e. a normal life together here.

The whole process sounds so complicated and confusing... some sites say I can just go to America on a tourist visa and get married, others say I need a fiancée visa. And then the whole spouse visa process is still way more complicated.

Can anyone give me a clear breakdown of the process I should follow? Is it a problem that I was born in Botswana (though I only lived there for a year and my nationality is Dutch)? Also, what are the kinds of expenses this whole procedure will cost?

Will be very grateful for any advice/help- thank you in advance!

[aaron2020 11,651]

Since you are not planning on living in America, then you have no problem.

Enter on the VWP, get marry, and leave. Make sure you have proof that you will return to the UK after marrying in case there are questions about your intent when entering the U.S.

[ichart84 0]

Thanks aaron2020- I want to be honest though and my intent IS to get married...just not to stay. I literally want to go there for a week or maybe two, get married, get my family to spend time with his...then leave. But from what I've read, it seems this is not allowed on a tourist visa...

[Cody and Daisy 373]

I'd just like to point out that this website is specifically for those who are moving to America, not other countries.

You might want to find one more specific to moving to England.

Some websites to help you on your way because you won't find much here.

https://www.gov.uk/remain-in-uk-family/overview

http://britishexpats.com/forum/citizenship-passports-spouse-family-visas-uk-196/

Edited February 15, 2015 by Cody and Daisy

[Dohan 133]

Since you are not planning to settle in USA, you can come to US on a tourist visa. I believe Dutch nationals can simply travel with the ESTA. Does not matter where you born, matters which passport you hold.

Assuming you hold a Dutch passport as per the laws of the EU and UK you have the right to travel throughout and settle anywhere in the EU. If you want to live in the UK together, I suggest you do this quickly as there is talk of UK leaving the EU.

When it comes to UK, you have several options, there is a spouse visa and there is a partner visa (no marriage required). However, for the partner visa you must have lived together for 2 years prior to applying, so I think from what you said you will not fall into that category.

Applying for fiancee visa in UK allows your fiancee to come and you will have to be married within 6 months. Keep in mind, until you are actually married and apply for the spousal visa, your fiancee will be unable to work in UK, or even undertake an internship or volunteer. So I would say it is best to marry in US and apply for the spousal visa in UK.

Since you are not a UK citizen, your new spouse will be able to apply for a 5 year conditional visa to UK. You might also qualify for an EEA Family Permit.

https://www.gov.uk/family-permit/overview

http://www.visabureau.com/uk/family-permit-married.aspx

[ichart84 0]

Hi Cody & Daisy, yeah- I realise that- but my question is related to the America bit- about getting married there. I will deal with the spouse visa for the UK once we're married, but my questions relate to getting married in America.

[Cody and Daisy 373]

Hi Cody & Daisy, yeah- I realise that- but my question is related to the America bit- about getting married there. I will deal with the spouse visa for the UK once we're married, but my questions relate to getting married in America.

No offence but you are writing in a k1 fiance forum which is not even close to what you are asking, you post would have been better suited elsewhere.

You can go to America to get married as long as you do not intend to stay and live in America.

This isn't complicated.

I don't know if the Dutch use vwp or need a visa, but either way just be honest of your intentions, do not lie to immigration, and bring proof of ties to the uk.

You should be fine.

-edit: it is not allowed (on a tourist visa) to get married with intent to stay, that is considered fraud. You are within your rights to get married and leave.

Edited February 15, 2015 by Cody and Daisy

[ichart84 0]

Thank you Dohan! Yes, that's a good summary of what I've found till now too- think you're completely right. I just want to know whether I'm allowed to also get married on that tourist visa in the USA. If they stop me at immigration and they see that I am there to get married, can they send me back? Or is it legal/allowed to get married on a tourist visa (with the intention to get married)?

[aaron2020 11,651]

Thanks aaron2020- I want to be honest though and my intent IS to get married...just not to stay. I literally want to go there for a week or maybe two, get married, get my family to spend time with his...then leave. But from what I've read, it seems this is not allowed on a tourist visa...

Don't know what you're reading.

The rules are clear that you can do what I said.

[Cody and Daisy 373]

delete

Edited February 15, 2015 by Cody and Daisy

[Pitaya 2,577]

~Moved from K1 Process to What Visa Do I Need Forum~

~Inquiry about family visa processes~

[Done--Really 331]

Hey ichart

You are over thinking this. You can get married at any time with any visa or with no visa to anyone in the US -- period. Stop reading other sites or other convoluted answers -- the US is a destination for marriages -- Las Vegas, Florida, California wine country, NYC and so forth -- countless people come from all over the world to vacation here, get married, and go back home.

Easy.

Just do it !!

[NikLR 13,227]

You don't need a visa (other than a visitor visa or VWP, whatever your country's requirements are) to get married in the USA. You only need a k1 visa if you are planning on staying.

[Ms Hogan 295]

Everyone's answers are accurate but getting even more confusing as more is added.

To the OP... the information you are reading here on the site is all to do with people who are coming to marry an American and then move here to be with them. Or they are getting married elsewhere and then coming here to live with them.

You, on the other hand, are simply coming as a tourist to get married somewhere in America. It is done all the time BUT... I would say the only tricky part is that if the officers at the border ask about your intended and she is an American citizen they may question that you are really planning to just come here to get married and then go back to UK. You will want to bring evidence with you that you are planning to go back. Make sure you have your return ticket already. Make sure you have documents such as your lease in UK and perhaps pay stubs? That type of thing to show you have ties in the UK and you are not trying to come here to be with your about-to-be-spouse. Is she going back to UK with you after? Will you have a ticket to show that she is also leaving America to go back? Is there any paperwork you can get started on now that you could present that shows she will actually be moving back to London with you as opposed to you moving here? I think those are some things to keep in mind.

The concern in my eyes is not that you could have a hard time at the border if they find out your fiance is American. Because they will want to make sure you aren't planning to stay.

[SimonBelgium 49]

It's been said before, but here goes:

Just use the VWP / ESTA to enter the US, get married, fly back to Europe.

I would however start the paperwork for your USC spouse already to bring him to the UK, showing intent to CBP officers that you will indeed be moving to the UK, and not stay in the US. Other than that, bring your employment contract, rental / ownership of a residence in the UK, perhaps a letter of your employer stating you work in the UK and are coming back, and so forth.