Both in the UK Can we still start the K1 Visa process??

[ChrisPablo 1]

Hello Everyone,

Couldnt find anything concrete to answer my question, as per above. My lady is in the UK on a 2 year UK working Visa(She was sponsored by a company) her visa expires in around 9 months so we want to get the ball rolling. Will she have to move back or can we get this all done while she is here in the UK?

Many thanks in advance

Chris.

[EM_Vandaveer 2,417]

Are you a USC living in the UK?

[Harpa Timsah 13,258]

I think he means that "his lady" is a USC and she is in the UK and they want to move back to the US together.

OP: Yes, she can file from abroad.

[EM_Vandaveer 2,417]

I think he means that "his lady" is a USC and she is in the UK and they want to move back to the US together.

OP: Yes, she can file from abroad.

That'd make sense

Yes, you can file.

Can you not get married now and file for a spousal visa via DCF? That way you would be able to work right away after entry to the US.

Edited August 31, 2016 by EM_Vandaveer

[Boiler 46,322]

Marry and DCF would be the best option.

[Nich-Nick 3,354]

Hello Everyone,

Couldnt find anything concrete to answer my question, as per above. My lady is in the UK on a 2 year UK working Visa(She was sponsored by a company) her visa expires in around 9 months so we want to get the ball rolling. Will she have to move back or can we get this all done while she is here in the UK?

Many thanks in advance

Chris.

This is the fastest way to get to the US with your lady since she is in the UK. You have to marry first. https://uk.usembassy.gov/embassy-consulates/government-agencies/dhs/uscis/i130filing-html/

It is commonly called DCF Direct Consular Filing. You don't file the petition to Chicago like the masses. You file the petition at the USCIS office in London so a short line. Then you get to skip the entire National Visa Center months of processing in the US. Your case moves across the building in London to the Visa Unit and you get on with the forms, medical and interview. Way faster and smoother. Such a deal! Better visa than a K1.

Edited August 31, 2016 by Nich-Nick

[ChrisPablo 1]

Firstly many thanks for all the responses.

Yes she's a USC and has a UK visa. This way sounds much better and easier too! Plus I wanted to get married here anyway haha! Do I need to speak to the UK government in relation to her getting married here?

[Nich-Nick 3,354]

Firstly many thanks for all the responses.

Yes she's a USC and has a UK visa. This way sounds much better and easier too! Plus I wanted to get married here anyway haha! Do I need to speak to the UK government in relation to her getting married here?

I don't think their is a problem because she's American since she already lives there on a visa. But you need to figure out the way to marry in the UK. https://www.gov.uk/marriages-civil-partnerships/giving-notice-at-your-local-register-office

There's things about posting notice which I am not that up on, but the website will tell you.

[lost_at_sea 995]

I married my USC in the UK. When you go to register to marry (it's call 'giving notice'), the USC gets asked to show how they are in the UK legally. It's no big deal. You just can't be here on a tourist visa/VWP and do it.

https://www.gov.uk/marriages-civil-partnerships/giving-notice-at-your-local-register-office

Go, go, DCF!

Edited August 31, 2016 by lost_at_sea

[lost_at_sea 995]

Just checked - seems the major change with UK marriages that came in last year is around giving notice times - seems like they've gone up in most cases, so make sure you do that step a good while before your wedding date!

http://www.northamptonshire.gov.uk/en/councilservices/community/bdm/pages/changes-to-marriage-civil-partnership-law-march-2015.aspx

[JFH 12,191]

But you don't have to get married in the UK necessarily. It just needs to be a legal marriage. Can be in the Caribbean, in the UK, on a cruise ship, in another European country. The choice is yours with a spouse visa. It's the K-1 that limits your options.

[lost_at_sea 995]

This is good info, too: https://www.citizensadvice.org.uk/relationships/living-together-marriage-and-civil-partnership/getting-married/#h-procedure-for-civil-marriage

But you don't have to get married in the UK necessarily. It just needs to be a legal marriage. Can be in the Caribbean, in the UK, on a cruise ship, in another European country. The choice is yours with a spouse visa. It's the K-1 that limits your options.

+1

Oh, and I forgot to mention - the major caveat for people legally in the UK (i.e. not a tourist, not travelling for the purpose of marriage) who get married is they have to register at a special registration office - I always forget, because our local one happened to also be one of these anyway. Here's the list of them: https://www.gov.uk/government/publications/designated-register-offices-in-england-and-wales

Man, I'm making this all sound way more complicated than I need to. It's just a tiny extra hoop to jump through, but not a major one.

Edited August 31, 2016 by lost_at_sea

[EM_Vandaveer 2,417]

From that link above, it sounds like min. 70 days notice and they have to send it to the Home Office?

Wow. I second the "get married elsewhere instead" notion.

Edited August 31, 2016 by EM_Vandaveer

[lost_at_sea 995]

From that link above:

"All other nationals of countries outside the EEA that have the appropriate documents and immigration status will be treated the same as EEA nationals and need to comply with the 29 day notice period, but need to attend a Designated Office to give their notices."

So it's not so bad.

Yup. It's a piece of cake. They do talk to you separately, which is WEIRD, but it's not that bad.

[EM_Vandaveer 2,417]

Yup. It's a piece of cake. They do talk to you separately, which is WEIRD, but it's not that bad.

Since I wrote that, I edited it because apparently the appropriate visa means marriage visa only?

So it's 70 days' notice.