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

[lost_at_sea 995]

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

So it's 70 days' notice.

Huh? I don't follow. They can optionally extend it to 70 days if they are dubious about the reasons you're marrying (i.e. for UK immigration benefits). It should be 28 days otherwise (it used to be only 2 weeks, but it went up last year). You can give notice a whole year before intending to get married, so there's really no reason to be worried about notice periods in themselves.

All that notice is doing is saying "These two people intend to marry. Anyone who thinks this would be illegal has X days to tell us about it. They won't be allowed to married before those X days are up."

It's from an old-fashioned law where they used to physically put the notices of impending marriage up on a board in the local town hall. These days they put it on a screen digitally. Apparently in London (where we married) the local journos like to come in and check the boards to see if any celebs have put notice in to get married so they can get the scoop.

Edited August 31, 2016 by lost_at_sea

[EM_Vandaveer 2,412]

Huh? I don't follow. They can optionally extend it to 70 days if they are dubious about the reasons you're marrying (i.e. for UK immigration benefits). It should be 28 days otherwise (it used to be only 2 weeks, but it went up last year).

All that notice is doing is saying "These two people intend to marry. Anyone who thinks this would be illegal has X days to tell us about it. They won't be allowed to married before those X days are up."

It's from an old-fashioned law where they used to physically put the notices of impending marriage up on a board in the local town hall. These days they put it on a screen digitally. Apparently in London (where we married) the local journos like to come in and check the boards to see if any celebs have put notice in to get married so they can get the scoop.

The law changed in March 2015. You yourself provided a link about it. From that link:

"Information for nationals of countries outside the EEA (even if you have indefinite leave to remain)

If you intend to marry or form a civil partnership and:

One or both of the couple is a non EEA national and does not have a valid visa or appropriate immigration status, or

One or both of the couple claim to have one of these immigration documents or immigration status but cannot prove this

The Registration Service will have to refer the couple to the Home Office. In these cases, the notice period may be extended up to 70 days as a minimum.

In addition to the above, there is a legal requirement for both parties to take a passport size photograph of themselves. This will be retained by the Registrar and will accompany other marriage or civil partnership documents sent to the Home Office.

The authority to marry or form a civil partnership will be issued by the Home Office, not the Registration Service.

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."

Seems like appropriate visa/immigration status means marriage visa.

[lost_at_sea 995]

"In these cases, the notice period may be extended up to 70 days as a minimum."

It likely won't, it's just for "you look odd, we want to go check in on you a bit more first" or "you don't have a valid reason to be in the UK, what's the deal?".

They don't need a marriage visa because she's already legally in the UK, working. Just because she marries doesn't blow up her work visa and her work visa doesn't prevent her from getting married. The marriage visa is for people travelling to the UK for the sole purpose of marriage, not people already in the UK on legitimate non-tourism visas.

If there's any doubt - they can call up the local designated registry office, and they'll tell them.

Edited August 31, 2016 by lost_at_sea

[lost_at_sea 995]

I looked up what it says at the designated office where I and my tier 2 spouse got married in 2013 to see what they updated about the new rules:

https://www.camden.gov.uk/ccm/navigation/community-and-living/births--deaths-and-marriages/marriages/;jsessionid=267A1FE7D33674C3A199E309B76BB563?page=9

Foreign nationals and the Home Office referral scheme

For couples where at least one person is a non-EEA national that gives notice without having proof of diplomatic or settled status or right of abode or a marriage, fiancé(e) or civil partnership visa then they will be referred to the Home Office Immigration for further investigation.

those within scope of the referral scheme will be charged a higher fee for their notice
those within scope may have their notice period extended from 28 days to 70 days

So, it's not a definite - and as someone on a valid work visa with plans to leave, anyway, there should be no issue. It doesn't require a marriage visa.

If they want to marry in the UK (as opposed to anywhere else they could legally marry) I'd suggest they book an appointment at their nearest designated office and post notice ASAP to be on the safe side, rather than waste time.

[EM_Vandaveer 2,412]

OK, good to know.

[ChrisPablo 1]

Thanks very much for all the help. I will create a thread/timeline when we start the process so anyone else who goes down this route can see how it was done.

[ChrisPablo 1]

Quick update, Called my local office today and they said I need to contact the Home Office direct! I informed them my partner is a USC with a tier 2 Visa (so its obvious not for immigration or benefit reasons and they had no clue... this place stresses me out

[C-ma'am 684]

**Post moved from K1 to UK. Topic shifted from K1 question to DCF and ultimately to how to go about marrying in the UK

[lost_at_sea 995]

Quick update, Called my local office today and they said I need to contact the Home Office direct! I informed them my partner is a USC with a tier 2 Visa (so its obvious not for immigration or benefit reasons and they had no clue... this place stresses me out

That sounds weird. It's called a referral program, which insinuates to me that they refer you.

[ChrisPablo 1]

What would happen if we wanted to get married abroad like in the Caribbean? would the UK process still work etc?

[JFH 12,191]

What would happen if we wanted to get married abroad like in the Caribbean? would the UK process still work etc?

Yes. Where you get married is irrelevant. The marriage must be legally recognised in the place where it happened. So if a beach in the Caribbean is your thing, go for it. Married is married.

Seriously, the spouse visa is so much better for your circumstances (actually I think it's better for almost everyone from VWP countries and those who have a career but many disagree). You'll be able to work and travel internationally immediately. You'll be a green card holder on arrival. Have a look through the threads here from the people who did K-1s and are struggling to open bank accounts, get driving licences, get healthcare and so on. It's enough to put you off.

[ChrisPablo 1]

Hello Everyone!

Just wanted to touch base again. Im ready to roll with the DCF I-130. Only issue is that I had a (Drunk & Disorderly) Fixed Penalty Notice to which I was arrested. (No caution, conviction, warning, etc) just a £90 fine. I have completed a subject access and Police Certificate. Im sure this ticket that I got shouldnt be an issue but the forms havent asked for an information about my criminal history or being arrested. So is this just asked at the interview?

Many Thanks

[lost_at_sea 995]

Hello Everyone!

Just wanted to touch base again. Im ready to roll with the DCF I-130. Only issue is that I had a (Drunk & Disorderly) Fixed Penalty Notice to which I was arrested. (No caution, conviction, warning, etc) just a £90 fine. I have completed a subject access and Police Certificate. Im sure this ticket that I got shouldnt be an issue but the forms havent asked for an information about my criminal history or being arrested. So is this just asked at the interview?

Many Thanks

I can't remember, but I feel like somewhere along the way it gets asked on a form. It might be on the visa application form you fill out after the I-130 is approved (DS-160 if you want to google for it). Either way, yes, at some point it comes up and you need to answer for it.

Either way, having the SAR and certificate should be exactly what you need to have on hand to clear up any problems there. Good on you for getting that in order already!

Here's the embassy info on that, btw: https://uk.usembassy.gov/visas/ineligibilities-and-waivers-2/arrest-caution-conviction/

Edited December 21, 2016 by lost_at_sea