# Vistor for Marriage Visa



## AnnaM0719 (Apr 23, 2013)

Hello:

I have a few questions that I need clarification on:

1. I plan on applying for a Visitor for Marriage Visa to the UK...once granted and fly to UK, my fiance and I marry according to the rules and regulations required in UK then we both wish to fly to the US and live in the US.

2. What is needed for my future husband to move to the US with me? What type of visa? spousal visa? green card?

3. Would his past criminal record ( spent 3 yrs in UK prison for burglaries 30 years ago) prevent him from granting a visa or whatever is required for him to come and live w/ me in the US?

Thank you for any help/ suggestions anyone has.


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## Crawford (Jan 23, 2011)

AnnaM0719 said:


> Hello:
> 
> I have a few questions that I need clarification on:
> 
> ...


For your husband to live in the US with you permanently he will need a spouse visa which needs to be issued *BEFORE *he enters the US.

The process is: you get married in the UK, you leave and then you apply for the spouse visa for your husband while HE remains in the UK - although he can come and visit during the process. YOU will be the sponsor for him

The whole process take anything from 6 to 9 months. Considering his criminal record this might or might not have an effect, but it will need to be documented.

See here for details of how to apply for the spouse visa:

Green Card for an Immediate Relative of a U.S. Citizen | USCIS


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## AnnaM0719 (Apr 23, 2013)

Thank you for your reply...well I am a little perplexed in which is correct or am I understanding it incorrectly...according to this website: 

Green Card for an Immediate Relative of a U.S. Citizen | USCIS 

Get a Green Card While Inside the United States:
One Step Process
Certain people are eligible to apply for a green card (permanent residence) while inside the United States. An immediate relative relationship allows you to apply on Form I-485, Application to Register Permanent Residence or Adjust Status, to become a permanent resident at the same time your U.S. citizen petitioner files Form I-130, Petition for Alien Relative. For more information on filing for permanent residence in one step, see our Concurrent Filing page.

The first line indicating "while inside the United States. An immediate relative relationship allows you to apply on Form I-485," my convusion lies in the terminology 'while in the US" meaning me? since I am a US citizen? or does it imply that he may fly over with me and then I can apply and wait? 

Very confusing...


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## AnnaM0719 (Apr 23, 2013)

Upon further research I found this as well....Can my relative wait in the United States until becoming 
a permanent resident? 
No. If your relative is outside the United States, filing an I-130 does 
not allow your relative to live or work in the United States. An I-130 
petition only establishes your relationship with your relative. Your 
relative should wait outside the United States to immigrate legally. 
If your husband or wife, unmarried child under 21 years, or parent 
is already in the United States after having entered legally, they can 
apply to adjust their status to permanent resident at the same time 
you file their I-130 petition.

and on the waiting period....

After I file, how long will it take before my relative can 
immigrate?
The law gives special consideration to immediate relatives of U.S. 
citizens, which includes a U.S. citizen’s spouse, unmarried children 
under 21 years of age, and parents. 
•	There	is	no	waiting	list	to	immigrate	these	relatives.	
•	The	U.S.	Department	of	State	will	invite	them	to	apply	for	an	
immigrant visa as soon as we approve your I-130 petition. 
•	If	your	petition	has	been	approved,	and	your	relatives	are	
currently in the United States after making a legal entry (and 
they meet certain other requirements), they may be able to file 
applications	with	USCIS	to	adjust	to	permanent	resident	status.

And thought of my future husband remaining in the UK while I am here in the US for a period of 6 -9 months of separation while applying and granting his green card is extremely depressing. How do others wait patiently w/o going nuts waiting for your future husband to be reunited with them in the US?


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## twostep (Apr 3, 2008)

This pertains to so K1 (fiancée visa holders), called spontaneous marriages, adjustment of status of marriage between US citizen and i.e. a student visa holder, .. It does not apply to the non-US spouse of a US citizen who resides in his/her home country. CR1 is the proper way for you to go. Your spouse will need to apply for a waiver for his arrest/incarceration.
One step at a time:>)


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## Crawford (Jan 23, 2011)

AnnaM0719 said:


> Thank you for your reply...well I am a little perplexed in which is correct or am I understanding it incorrectly...according to this website:
> 
> Green Card for an Immediate Relative of a U.S. Citizen | USCIS
> 
> ...


The above pertains to those folks who are already in the States on a relevant visa and who then get married to US citizens and then go through what is know as Adjustment of Status.

This does not apply to you and your husband to be. HE is in the UK and does not have a relevant visa to live in the US. He will obtain this when he obtains the Spouse visa - until then he cannot remain and live with you in the US. He can however visit while the application is taking place.


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## Crawford (Jan 23, 2011)

AnnaM0719 said:


> And thought of my future husband remaining in the UK while I am here in the US for a period of 6 -9 months of separation while applying and granting his green card is extremely depressing. How do others wait patiently w/o going nuts waiting for your future husband to be reunited with them in the US?


In the scheme of things - a lifetime of marriage - 6 to 9 months is not such a huge wait. He can visit as said.

To obtain a visa via fiance or marriage for the US one has to wait a) either for the fiance visa or b) get married and wait for the marriage visa.


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## AnnaM0719 (Apr 23, 2013)

Thank you for everyone's replies...I understand completely now and we will go the visitor visa for marriage visa and take it from there and he will apply for a waiver as well. I guess the waiting period will give me the opportunity to get our business started... a take away...A Taste of England....and yes in the scheme of a lifetime of marriage... 6 - 9 months is nothing. 

Thanks again!!


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## BBCWatcher (Dec 28, 2012)

It may interest you to know there's no waiting period elsewhere in the EU. That is, your husband has an EU treaty right (as a U.K. citizen) to move to another EU country as long as he's economically self sufficient, and you (as his legal spouse) have an EU treaty right to live with him and to seek employment. These EU treaty rights are stronger than the spousal visa/immigration provisions in both your home countries (the U.S. and U.K.)

So one very effective solution (if you both wish) is to live together in France, Denmark, Belgium, Italy... any other EU country. You can even get married very easily in Denmark if you wish. Then file the I-130/I-129F to bring him to the U.S., but wait in Europe.


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## twostep (Apr 3, 2008)

BBC if you read OP's original post she and her husband plan to live and work in the US.


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## twostep (Apr 3, 2008)

AnnaM0719 said:


> Thank you for everyone's replies...I understand completely now and we will go the visitor visa for marriage visa and take it from there and he will apply for a waiver as well. I guess the waiting period will give me the opportunity to get our business started... a take away...A Taste of England....and yes in the scheme of a lifetime of marriage... 6 - 9 months is nothing.
> 
> Thanks again!!


LOL - you better change the sign to "take out" or customers may be confused. In some areas this may be a good biz idea. Where do you plan to open?

Please - read all instructions and form at least three times. Proof read what you send three times and keep copies of everything. Double check if originals are required with the application or at the interview. Then have your copies notarized. Good luck! Remember you can always ask questions!


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## AnnaM0719 (Apr 23, 2013)

*Visitor for Marriage Visa*

Yeah I think it may be best to change it to 'take out' and the business will be in Michigan, Detroit area.


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## AnnaM0719 (Apr 23, 2013)

*Visitor for Marriage Visa*

As I was doing more research for applying and what documents are needed for the Visitor for Marriage Visa, I came across this....

*"If you want to get married or register a civil partnership in the UK, and you intend to leave the UK soon after the ceremony, you should apply to come here as a visitor for marriage or civil partnership."*

I am beginning to get a bit confused on all of this...so does this mean I would have to leave the UK the day after we marry? Are we allowed to have a honeymoon in the UK?

What are everyone's thoughts or ideas on going with a Service to help you file for a visa?

Then I discovered this....

"Accommodation and travel details 
You may wish to submit the following documents to help show us your accommodation and travel arrangements in the UK 
and on which date you intend to leave the UK. We advise that you do not make any payments for accommodation, travel 
and so on until you have received your visa."

"Details of accommodation and return 
travel bookings 
This could be: 
 hotel booking confirmation (usually email) 
 travel booking confirmation (can be email or copy of tickets) 
 travel agent confirmation of both 
 accommodation details with a supporting letter from the occupant confirming 
that you are able to stay there "

I plan on staying with my fiance in Birmingham during my visit and how would I show proof of my travel arrangements? When you book your airline ticket, a payment in full is needed but yet UK Border Agency states not to make any payments until I get my Visa.

The UK Border Agency website is so confusing it makes my head spin.

If anyone who has been through the process of this type of visa, please share your experience, I really need some guidance.

Thank you!


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## twostep (Apr 3, 2008)

Please post this in the UK section.
Why do you not go the fiancé route for the US and have the "party" in the UK afterwards especially during a time of the year the is appropriate. BTW - I know what it means to be all dolled up and step into a snow mush puddle and keep smiling.


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## AnnaM0719 (Apr 23, 2013)

My apologies as I thought I did post it in the UK section. Once married we plan on opening a business here in the states so that is why we are going this route...is there another way of going about this? I can use all the help I can get.

Our plans:
1. Get married in UK ( easier for me to travel there - he has a past criminal record w/ time spent - 3 yrs 3 months - 30 years ago ) 

2. Then I return home and continue working to save for our business in which we wish to open once he can come here...with me applying for a spousal visa and him submitting a waiver and if he is denied entry (praying that he isn't) then I will move to the UK.

So, if there is any other way of going about this, please offer suggestions/ideas.

Thank you!


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## BBCWatcher (Dec 28, 2012)

Only the EU idea if you don't want to be apart. Your plan sounds like a reasonable one if you don't mind the temporary separation.


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## AnnaM0719 (Apr 23, 2013)

The thing is I do mind the separation but it is what it is and since we met online and we skype daily for 3 years we are both excited and anxious to finally get married.

Thank you for your input.


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