I-134 Joint Sponsor (I am unemployed)

[yuna628 9,713]

On ‎4‎/‎19‎/‎2019 at 11:36 PM, treppenwitz said:

Are you sure? OP can also call the local registrar and ask for the "Statement of a Party to a Marriage/Civil Partnership Where One or Both are Subject to Immigration Control" form. See Page 3 of the Northern Ireland form: https://www.nidirect.gov.uk/sites/default/files/publications/%5Bcurrent-domain%3Amachine-name%5D/immigration-status-statement-GRO801%20.PDF

And Page 4 (I bolded the important part):

Or they can marry instead in Gibraltar, Denmark, Iceland, etc.

Yes. I am sure.

[treppenwitz 78]

On 4/19/2019 at 8:28 PM, yuna628 said:

Non-EU visitors are not authorized to marry without leaving and obtaining the required visa, commonly referred to as a marriage visitor visa.

Why then, would the government provide the following PDFs (specifically the "Statement C") and links?

14 hours ago, treppenwitz said:

• Scotland: https://www.nrscotland.gov.uk/files//registration/declaration-of-immigration-status-form.pdf
• Northern Ireland: https://www.nidirect.gov.uk/sites/default/files/publications/[current-domain%3Amachine-name]/immigration-status-statement-GRO801 .PDF
• England and Wales: https://www.gov.uk/marriages-civil-partnerships/documents-youll-need-to-give-notice?step-by-step-nav=724aa735-c4cc-4ffc-9136-dcb43668982b

Quote

If you or your partner is from outside the EU, EEA or from Switzerland

You’ll also need to bring:

• a passport sized photo for each of you (even if only one of you is from outside the EU, EEA or from Switzerland)
• proof of your current immigration status (for example, your visa)
• a translation of any documents that are not in English

 

I don't know when OP entered the UK, but if it was recently then the marriage process can be completed without overstaying.

Edited April 21, 2019 by treppenwitz

[yuna628 9,713]

2 hours ago, treppenwitz said:

Why then, would the government provide the following PDFs (specifically the "Statement C") and links?

I don't know when OP entered the UK, but if it was recently then the marriage process can be completed without overstaying.

The UK marriage rules are extremely clear. It doesn't matter when the USC entered the UK, and doesn't intend to overstay. If the intent is to marry, even if it is a spontaneous intent - the individual is not legally allowed to marry under Home Office rules. They must return home and obtain the visa.

You require PROOF of immigration status, as it says for example your visa. A MARRIAGE VISITOR VISA is required proof to marry in the UK, if the person is NOT from within the EU, the EEA, etc. The US and other countries are NON-EEA entities and different rules apply. Tourist visas are not accepted visas as proof of being able to marry in the UK. The US uses a type of VWP system with the UK, which in the UK is not a visa at all but rather entry clearance - mere entry clearance with no visa at all is also NOT accepted. Go up to any control agent at the UK border, and tell them your intent to marry and don't provide them with the proper visa, and they will show you how fast they can deport you. You cannot get around the Home Office rules regarding the UKC sponsor having enough financial funds, and that the USC will not have access to public funds, to provide for the marriage, showing them where you will marry etc. Attempting to do so would be fraud.

 

Even the State Department, at the Embassy in London, clearly states the same Home Office rules and refers the individual to the link to the Home Office I already posted before. A USC MUST obtain a marriage visitor visa. Then they must give 28 days notice to the register and provide proof of that visa to them. Officials who attempt to marry individuals without such documents, and fail to report attempted visa fraud can be punished, and the USC individual would be subject to deportation. There are even examples of officials who have reported such attempts. It used to be wrongly thought you could just walk on over to Scotland to bypass the rules. Not so either. Once the marriage has been reported or attempted to be registered without having the proper documentation, the Home Office launches an investigation, as per the 2015 changes. The investigation is to look for examples of 'sham marriage' or attempted 'sham marriage' but also if the couple has proper documents. This would result in immediate findings of deportation. You can search numerous reported examples of this.

 

The declaration form, you site from the Scotland site is also very clear. https://www.nrscotland.gov.uk/files//registration/declaration-of-immigration-status-form.pdf

 

Option A) Is for those who have settled status, an appropriate right to abode clearance or status, or those who are exempt such as EU nationals.

Option B) is for those who have the proper and required by law marriage visitor visa.

and finally

Option C) is for those who have no status that clears them to marry in the UK. Admit this, and it is pretty much a fail unless of course you can prove you have an option B that is pending (quite a very specific case indeed).

 

Again you must apply for a marriage visitor visa per Home Office. https://www.gov.uk/marriage-visa This visa gives you the ability to stay for 6 months, which covers the 28 day period in which you cannot marry while you give register notice, or if the Home Office extends an investigative period of clearance for a further 70 days. If they have provided the proper immigration status, they must return home before the 6 months are up and then try to apply to join the spouse and settle their status if they so wish to. These changes to the law, which have been in place longer (than the 2015 declaration rules which require registers to have a duty to report) were put in place because persons attempted to get around the system because of the higher financial rules, those who were attempting to overstay, and the overall crackdown of immigration from people outside the EEA and EU. I'm not even going to begin to get into the risky legal complexities of the Irish S-S route some take to marry and stay.

Quote

If you’re from outside the European Economic Area or Switzerland, you must apply for a Marriage Visitor visa to come to the UK to get married, even if you don't intend to live there afterwards.

If you already have another type of short stay visa (for example, a Standard Visitor visa), you'll need to leave the UK and reapply for a Marriage Visitor visa before you can get married.

 

The OP can certainly contact the Home Office to confirm this, or any reputable immigration lawyer of note in the UK, or google very easily the Home Office rules which are clearly posted.

[treppenwitz 78]

24 minutes ago, yuna628 said:

The OP can certainly contact the Home Office to confirm this, or any reputable immigration lawyer of note in the UK...

Agreed; that is why I provided the Home Office contact info earlier.

24 minutes ago, yuna628 said:

Go up to any control agent at the UK border, and tell them your intent to marry and don't provide them with the proper visa, and they will show you how fast they can deport you.

Correct, but does not apply to OP's case (when OP entered the UK she wasn't even considering a UK marriage).

 

On the other hand, marriage in Gibraltar is a straighforward option: http://www.visitgibraltar.gi/getting-married Similar with Denmark, Iceland, etc.

[yuna628 9,713]

5 minutes ago, treppenwitz said:

Agreed; that is why I provided the Home Office contact info earlier.

Correct, but does not apply to OP's case (when OP entered the UK she wasn't even considering a UK marriage).

 

On the other hand, marriage in Gibraltar is a straighforward option: http://www.visitgibraltar.gi/getting-married Similar with Denmark, Iceland, etc.

Again, as I said it doesn't matter what their intent is the day they entered, yesterday, or now. They do not have the proper visa to be able to marry in the UK now. As the HO states:

Quote

If you already have another type of short stay visa (for example, a Standard Visitor visa), you'll need to leave the UK and reapply for a Marriage Visitor visa before you can get married.

If the OP is the average American visiting the UK, they don't have a visa at all, they have entry clearance - which is about as good as mud for marriage in the UK. But it would be no different even if they had a visiting visa, or several other types of visas. The only visa they can marry on within the UK, is the one the HO requires. They can attempt to marry in another country that could allow it, if they wish to.. but that certainly is not what the topic of this thread is about, or the OP's original question.

[treppenwitz 78]

8 minutes ago, yuna628 said:

that certainly is not what the topic of this thread is about, or the OP's original question.

True, but OP and her fiance are seeking info on all legal options:

OP is @mogiftney and OP's fiance is @bandito, for clarification.

[Ryan H 3,834]

Moved from Progress Reports to Process & Procedures.