Can I marry my US BF in UK, but I have expired UK Visa

[iwant2beyours 1]

Dear friends, I am new to this website and i wish someone will help me with my confused situation.

 

My girl is in the UK, she's from Nigeria. Her UK visa has expired meanig she has overstayed in the UK.

 

I am a US citizen. I went to UK few months back to see her. Can I go to UK and marry her there, then come back to us and file for i130 for her?

 

We are trying for her not to go back to Nigeria because been in the UK will make the application faster and easier.

 

Thanks in advance guys.

[powerpuff 6,689]

~~ Duplicate thread removed. Please do not post more than one post per related topics. ~~
~~ Topic moved from K1 fiancé forum to Spousal visa forum as the question is about marrying and filing I-130 ~~

 

I believe you (US citizen) need a visa to marry in the UK.

Edited April 27, 2023 by powerpuff

[PaulaCJohnny 713]

I think you need to read more about local law.
 

For example in my case I needed to show that I was a legal resident to have the interview in the Consulate.

And like @powerpuff said you probably need a visa to marry there.

 

Her UK visa status is a different case from your CR1/IR1 US Visa.

 

If the local law needs her to present a legal resident document I’m pretty sure that the marriage certificate will not be a valid one.

 

 

Edited April 27, 2023 by PaulaCJohnny

[powerpuff 6,689]

4 minutes ago, PaulaCJohnny said:

I think you need to read more about local law.
 

For example in my case I needed to show that I was a legal resident to have the interview in the Consulate.

And like @powerpuff said you probably need a visa to marry there.

 

Her UK visa status is a different case from your CR1/IR1 US Visa.

 

If the local law needs her to present a legal resident document I’m pretty sure that the marriage certificate will not be a valid one.

 

 

All good points. Also, she will have to get a police certificate from UK authorities to present at the interview, if overstaying is a criminal offense, it might show up there. 
 

There are too many moving parts when it comes to interviewing in a country you’re residing in illegally. If you want to take those risks, that is up to you. I would either find a way to have a lawful status in the UK or bite the bullet and wait out the process in Nigeria. 

[Crazy Cat 41,814]

1 hour ago, iwant2beyours said:

We are trying for her not to go back to Nigeria because been in the UK will make the application faster and easier.

I don't think that is the case.  Her expired status will, likely, prevent her from interviewing in the UK. 

Edited April 27, 2023 by Crazy Cat

[Boiler 45,451]

Utah marriage.

 

You still need to visit her before you can file.

 

Maybe in Nigeria as the process will take a couple of years.

 

Or just marry in Nigeria..

 

 

[Sammy_2496 116]

Because of her overstay, it will likely cause issues and she may be banned from the UK in worst case scenario. It would be better for her to marry you in the US or do Utah Online Marriage.

[Boiler 45,451]

I sort of assume her visiting the US is not on the cards, but maybe I am being premature.

[Beth & Achraf 328]

Marry her or not in the UK,    she can't be interviewed there, due to her UK visa being expired.  Don't think you can obtain a marriage license in UK with her being our of status there.

She has to go back to Nigeria to be interviewed for K1 or a CR1 visa since her visa for the UK is expired

 

 

A zoom marriage is fine, but you have to consummate the marriage before filing with USCIS.

 

Her being in UK is not going to make the visa process faster. She will still go under all the background checks  as if she was in NIgeria. 

[Redro 4,611]

 

This member is going to try to interview in London... you might want to follow them to see if it is possible. 

In the country I interviewed in I had to show proof of legal status for the medical and the police clearance BUT I know some countries will provide PCCs to people who are out of status and medicals to people who are out of status and the consulate doesn't care about their status... 

The question of interviewing in a country when you are out of status comes up every now and then... I think it is consulate specific... I need to find the old posts showing it is possible. 

[iwant2beyours 1]

7 hours ago, ROK2USA said:

 

This member is going to try to interview in London... you might want to follow them to see if it is possible. 

In the country I interviewed in I had to show proof of legal status for the medical and the police clearance BUT I know some countries will provide PCCs to people who are out of status and medicals to people who are out of status and the consulate doesn't care about their status... 

The question of interviewing in a country when you are out of status comes up every now and then... I think it is consulate specific... I need to find the old posts showing it is possible. 

@ROK2USAThanks so much, I have followed the thread. Thanks so much for going extra mile for me. All information are really helpfu and I am grateful. 

[iwant2beyours 1]

12 hours ago, Beth & Achraf said:

Marry her or not in the UK,    she can't be interviewed there, due to her UK visa being expired.  Don't think you can obtain a marriage license in UK with her being our of status there.

She has to go back to Nigeria to be interviewed for K1 or a CR1 visa since her visa for the UK is expired

 

 

A zoom marriage is fine, but you have to consummate the marriage before filing with USCIS.

 

Her being in UK is not going to make the visa process faster. She will still go under all the background checks  as if she was in NIgeria. 

Thank you for your input. I appreciate. I will look into Zoom marriage when i get to london 

[iwant2beyours 1]

14 hours ago, Sammy_2496 said:

Because of her overstay, it will likely cause issues and she may be banned from the UK in worst case scenario. It would be better for her to marry you in the US or do Utah Online Marriage.

Dear @Sammy_2496, thank you so much for this information. Please can you provide more information about the Utah marriage

[iwant2beyours 1]

16 hours ago, Boiler said:

Utah marriage.

 

You still need to visit her before you can file.

 

Maybe in Nigeria as the process will take a couple of years.

 

Or just marry in Nigeria..

 

 

Thank you for this information. I just read some information about the Utah marriage. 

 

It seems like I can go to UK and we both to Utah marriage in the UK. I can come back and then file I-130 for her. Now we will have to wait till she get approve and get interview date, then we will see if she can do it in the UK or go to nigeria. Someone here is looking for an old post for me that show it could be done in the UK. FInger Crossed

[mochon 17]

18 hours ago, Crazy Cat said:

I don't think that is the case.  Her expired status will, likely, prevent her from interviewing in the UK. 

I am currently going through same issue and I am going to try and see if they let me interview. If they let me I don’t think they can deny me solely based on my legal status unless I am inadmissible 

Finger crossed for the UK police certificate to arrive. This is I think the main road block.