Is our plan legal / good? Ceremony in UK, official marriage in US under WVP, return home and file for CR1...

[Petrus 1]

Hi everyone.

Me and my American fiance are new to this community and would really appreciate some advice.

The UK Marriage Visitor Visa is not working for us, for these reasons:

- You need to get married 6 months after you enter the UK.

- We plan for him to visit over Xmas and then return to the US, before coming back to the UK in the summer to marry me

- However, the visa is 'activated' from the first visit which means the 6 month 'marriage period' isn't long enough

- We can't marry any earlier than later June/July as I have exams

Extra info: (we need to apply for the visa that early to give notice of marriage at the Xmas visit, as he can't stay in the summer for the 28 days notice.)

SO.... Our plan is this:

1. He comes to UK over Xmas as planned, no marriage visa.

2. He comes back in the Summer to 'marry' me. We have the whole ceremony, family & friends etc, but it won't be an official legal wedding. Just all the formalities without the legal paperwork.

3. We return to the US (me on a WVP) to spend summer together, and get the legal official marriage bit done in a courthouse.

4. I return home to the UK, where we start filing for my CR-1.

Does this sound okay? How do I convince the immigration officer that while I do intend to marry in the states, I definitely want to return home and file for CR-1 properly?

I will include rental agreements, and proof I have a year left of school here in the UK. Any other advice?

Thank you so much in advance.

(P.S - It is important to us for our wedding day to be in the UK)

Edited September 24, 2015 by Petrus

[Georgia16 2,858]

Yes this is fine. Just remember that when you apply for the CR1 it takes about a year.

And why tell them that you are getting married on the trip? Say it's vacation since you are there to spend the summer and then go home again.

[Hardfacts123 50]

If its important for your wedding day to be in the UK, why do you feel you need to have a courthouse marriage in the US. Marriage is married regardless of the country it is performed in.

sounds like too much back and forth, but I have heard and seem a lot more non necessarily actions performed. Just asking.

[Georgia16 2,858]

Yeah unless it's for his family or something I would also skip the US courthouse and just get real married in UK and start filing after that. You can still spend the summer in US.

[Petrus 1]

Yeah unless it's for his family or something I would also skip the US courthouse and just get real married in UK and start filing after that. You can still spend the summer in US.

Well, I explained in the original post why we can't get legally married in the UK.

[Georgia16 2,858]

Well, I explained in the original post why we can't get legally married in the UK.

Isn't it possible to apply for that UK visa after his visit in december. There are 5-6 months til he enters again. I have no idea how long it takes to get it.

But just want to make sure you understand how long it takes to get the CR-1 visa. As for now you won't be with him for the next 2 years then.

Edited September 24, 2015 by Georgia16

[Petrus 1]

Isn't it possible to apply for that UK visa after his visit in december. There are 5-6 months til he enters again. I have no idea how long it takes to get it.

But just want to make sure you understand how long it takes to get the CR-1 visa. As for now you won't be with him for the next 2 years then.

No, sadly he can't, as we need the Marriage Visitor visa to give notice of marriage, and we need to give notice of marriage during this Xmas visit as he wont be in the UK long enough in the summer to give notice then. (It's min 28 days away from the marriage you have to give notice, he will only be here for like 2 weeks! Maxmimum 1 year in advance to give notice.)

It's really dumb

[Georgia16 2,858]

No, sadly he can't, as we need the Marriage Visitor visa to give notice of marriage, and we need to give notice of marriage during this Xmas visit as he wont be in the UK long enough in the summer to give notice then. (It's min 28 days away from the marriage you have to give notice, he will only be here for like 2 weeks! Maxmimum 1 year in advance to give notice.)

It's really dumb

Okay. Yeah that is a "dumb" rule. Well then you guys have to wait like you wrote above. Or get married in another country doing his xmas visit to speed things up?

[Chris and ZhiJia 146]

SO.... Our plan is this:

1. He comes to UK over Xmas as planned, no marriage visa.

2. He comes back in the Summer to 'marry' me. We have the whole ceremony, family & friends etc, but it won't be an official legal wedding. Just all the formalities without the legal paperwork.

3. We return to the US (me on a WVP) to spend summer together, and get the legal official marriage bit done in a courthouse.

4. I return home to the UK, where we start filing for my CR-1.

Does this sound okay? How do I convince the immigration officer that while I do intend to marry in the states, I definitely want to return home and file for CR-1 properly?

I will include rental agreements, and proof I have a year left of school here in the UK. Any other advice?

Thank you so much in advance.

(P.S - It is important to us for our wedding day to be in the UK)

I can't say whether or not CR-1 is the best idea, but I can tell you how I am going through this process, which is similar to what you are doing (similar but not the same).

1. I went to visit her in China for 2 weeks on a Visitor Visa

2. I am returning to China in 7 days to have a Wedding Ceremony (ceremony only, no legal paperwork)

3. I am returning to the US with her for 30 days only (she applied and was approved for a Visitor Visa)

4. Together we are going to fill out and submit the K-1 Paperwork and when she returns home she will bring her copies of the paperwork with her.

5. Legal wedding paperwork and all will take place after K-1 is approved.

K-1 takes between 6 and 9 months to process, and from what I gather CR-1 takes between 12 and 18 months to process. Since you aren't having a legal wedding, and just a ceremony in the UK, why not apply for the K-1 Visa?

[LionessDeon 2,060]

I can't say whether or not CR-1 is the best idea, but I can tell you how I am going through this process, which is similar to what you are doing (similar but not the same).

1. I went to visit her in China for 2 weeks on a Visitor Visa

2. I am returning to China in 7 days to have a Wedding Ceremony (ceremony only, no legal paperwork)

3. I am returning to the US with her for 30 days only (she applied and was approved for a Visitor Visa)

4. Together we are going to fill out and submit the K-1 Paperwork and when she returns home she will bring her copies of the paperwork with her.

5. Legal wedding paperwork and all will take place after K-1 is approved.

K-1 takes between 6 and 9 months to process, and from what I gather CR-1 takes between 12 and 18 months to process. Since you aren't having a legal wedding, and just a ceremony in the UK, why not apply for the K-1 Visa?

^^ This is dangerous territory in a K1 Visa process. I would not advise it or encourage anyone else to do it.

[Chris and ZhiJia 146]

There is no problem with just a ceremony, no paperwork gets filed.

[Petrus 1]

I can't say whether or not CR-1 is the best idea, but I can tell you how I am going through this process, which is similar to what you are doing (similar but not the same).

1. I went to visit her in China for 2 weeks on a Visitor Visa

2. I am returning to China in 7 days to have a Wedding Ceremony (ceremony only, no legal paperwork)

3. I am returning to the US with her for 30 days only (she applied and was approved for a Visitor Visa)

4. Together we are going to fill out and submit the K-1 Paperwork and when she returns home she will bring her copies of the paperwork with her.

5. Legal wedding paperwork and all will take place after K-1 is approved.

K-1 takes between 6 and 9 months to process, and from what I gather CR-1 takes between 12 and 18 months to process. Since you aren't having a legal wedding, and just a ceremony in the UK, why not apply for the K-1 Visa?

Chris, I find this really confusing!

Why a wedding ceremony before applying for K1 and getting married?

We don't want a K1 as we want to wed in the UK and it's quite expensive from what I read here.. I feel a bit weird about having a ceremony and then waiting a long time before officially getting married. After getting married, I still have a year left in school, so we are hoping that by the time I graduate it will be near enough done, and if not, I can visit in the meantime.

[Chris and ZhiJia 146]

Chris, I find this really confusing!

Why a wedding ceremony before applying for K1 and getting married?

We don't want a K1 as we want to wed in the UK and it's quite expensive from what I read here.. I feel a bit weird about having a ceremony and then waiting a long time before officially getting married. After getting married, I still have a year left in school, so we are hoping that by the time I graduate it will be near enough done, and if not, I can visit in the meantime.

I didn't see anything about finishing school, so I was suggesting the K-1 since it takes half the time of a CR-1 and allows you to be together sooner. Yes the K-1 is more expensive, but we are weighing in the difference, pay the extra money, or have a legal wedding and stay separated for a year longer. Between the trips to her country and other expenses, for us the K-1 was the better choice, because while it is the more expensive Visa, we would save more money by not having to purchase as many plane tickets, and it would allow us to be together sooner. Since you are finishing school, the CR-1 will be just fine.

Now your real problem, is unless I am mistaken, the K-1 visa is the only visa where you can legally enter the US and have a wedding performed, you cannot enter on a tourist visa and get married here, and if you have a legal wedding in the UK, and then apply for a CR-1 visa, I believe it will be very difficult for you to receive and visit on a tourist visa, since the CR-1 application will be on file. Convincing the CBP agent that you intend to follow the rules will be a chore.

[Petrus 1]

I didn't see anything about finishing school, so I was suggesting the K-1 since it takes half the time of a CR-1 and allows you to be together sooner. Yes the K-1 is more expensive, but we are weighing in the difference, pay the extra money, or have a legal wedding and stay separated for a year longer. Between the trips to her country and other expenses, for us the K-1 was the better choice, because while it is the more expensive Visa, we would save more money by not having to purchase as many plane tickets, and it would allow us to be together sooner. Since you are finishing school, the CR-1 will be just fine.

Now your real problem, is unless I am mistaken, the K-1 visa is the only visa where you can legally enter the US and have a wedding performed, you cannot enter on a tourist visa and get married here, and if you have a legal wedding in the UK, and then apply for a CR-1 visa, I believe it will be very difficult for you to receive and visit on a tourist visa, since the CR-1 application will be on file. Convincing the CBP agent that you intend to follow the rules will be a chore.

Chris,

I thought it was legal to marry on a tourist visa as long as the foreign person went home afterwards and didn't attempt to adjust status?

[Nich-Nick 3,354]

These FAQs from the Dept of State/US Embassy London will give you some information that is not a layman's speculation. See #7 and 10. http://london.usembassy.gov/iv/ivfaqs_general.html

Your plans are legal. It is up to the officer to let you in on a visit or not.

The CR1 is a better visa if the length of time it takes suits your schedule. (move to US summer 2017). The cost difference is currently $645.