# Where to Marry - Uk or USA



## CurlyGirl (May 29, 2015)

Hi there!

I'm new to this forum and hoping for the good advice of likeminded folk as although all my friends and family like to think they are immigration experts...they are not! 

A bit of background on me, I am a UK resident and have been with my US partner for 4 years spending all our money visiting each other 4-5 times a year throughout. 

We know we want to marry and here is where the questions start as I think I had been misinformed previously. Or original intention based on previous advice was to go down the K1 route and marry Stateside. This has gone down like a lead balloon with my family would would be unlikely to make the trip as where we will be living is far from what they see as a holiday destination. I have the bigger family/friends and would see this as a bit of a leaving event as I will be moving Stateside afterwards. 

I then heard about a Marriage visitor visa which would enable us to marry in the Uk but I could of sworn I read that the US citizen had to be in the UK for so long prior to the marriage and also for the duration of giving notice at the registry office. So my question here is, has anyone done this and with my partner only having ten days annual leave...how have people managed this?

If we do this route over the K1 are there any pros and cons? I.e can I work sooner when I get to the US? Can I visit the UK easily to visit family say 1-2 times a year without restrictions? Does this process take much longer all in all vs the K1?

The only thing stopping us at the moment is money, I want to have enough to fund getting my stuff over, any time i'll be out of work and money for a deposit on a house. We don't want to struggle but aren't sure how much we really need to do this properly within the next 12-18 months. 

(At the moment we're saving up as we'd like to buy a house as my partner leases at the moment so as an aside if anyone knows of any banks that I can use in the US to get my credit up and savings over down the line i'd appreciate it)


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## CurlyGirl (May 29, 2015)

Thanks in advance!xx


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## Davis1 (Feb 20, 2009)

<snip>

US Citizen can apply for a special visa to allow a non-citizen (their fiancée) to enter the country in order to get married to a US citizen inside the US.

Once issued, the K1 visa will allow the non-citizen to enter the United States legally, for 90 days in order for the marriage ceremony to take place. Once you marry, the non-citizen can remain in the US and may apply for permanent residence. While USCIS processes the application, the non-citizen can remain in the US legally
The US citizen income must meet the require minimum to fulfill the affidavit of support
currently $19912 for a 2 person household


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## CurlyGirl (May 29, 2015)

Davis1 said:


> For a fiancee visa
> US Citizen can apply for a special visa to allow a non-citizen (their fiancée) to enter the country in order to get married to a US citizen inside the US.
> 
> Once issued, the K1 visa will allow the non-citizen to enter the United States legally, for 90 days in order for the marriage ceremony to take place. Once you marry, the non-citizen can remain in the US and may apply for permanent residence. While USCIS processes the application, the non-citizen can remain in the US legally
> ...


Thanks for the reply but we're already quite up on the K1 visa, its the option if we marry in the UK and then apply I was hoping on advice for versus the K1 to weigh up the pros and cons (costs, time apart, travel restrictions, time to be able to work Stateside etc) we have no issue with my partner sponsoring me that end.


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## CurlyGirl (May 29, 2015)

> common sense says you marry in the country you intend to live in


Why is that common sense?


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## Davis1 (Feb 20, 2009)

because all the records will have the details..... it just eases the formalities 
American workers like to see document they recognize ...after you have sat in a few SSA and IRS offices for hours you get to realize this


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## nyclon (Apr 3, 2011)

You might want to consider getting married in the US on a visit visa then returning to the UK while you apply for a visa to live in the US. You could have a blessing ceremony or celebration in the UK at some point after your US wedding. 

To marry in the UK you would need a visit for marriage visa which gives you 6 months to marry in the UK. Your fiancé needs to be in the UK for 7 days before you can give notice. You then have to give notice for at least 28 days before you can marry. If your case is referred to the Home Office it could be 70 days. I don't think he has to remain in the UK during the notice period but there is a possibility that you both could be called for an interview. I don't think this possibility is strong for US citizens. If he only has 10 days of holidays that would mean he would have to come to the UK for 7 days, give notice, leave and at least 28 days later but before the visa expires come back for 3 days and marry. 

https://www.gov.uk/marriages-civil-partnerships/foreign-national


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## CurlyGirl (May 29, 2015)

Davis1 said:


> because all the records will have the details..... it just eases the formalities
> American workers like to see document they recognize ...after you have sat in a few SSA and IRS offices for hours you get to realize this


I think we will still probably opt for the K1 route, albeit a lonely route as I doubt we can afford a 2nd ceremony of anykind back in the UK afterwards. 

I hear getting your name changed once married is a whole other nightmare for the British female. Someone suggested changing my name by deed poll before we marry and changing all my passport etc before moving to the US. I need to renew my passport next year too actually :confused2:


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## CurlyGirl (May 29, 2015)

nyclon said:


> You might want to consider getting married in the US on a visit visa then returning to the UK while you apply for a visa to live in the US. You could have a blessing ceremony or celebration in the UK at some point after your US wedding.
> 
> To marry in the UK you would need a visit for marriage visa which gives you 6 months to marry in the UK. Your fiancé needs to be in the UK for 7 days before you can give notice. You then have to give notice for at least 28 days before you can marry. If your case is referred to the Home Office it could be 70 days. I don't think he has to remain in the UK during the notice period but there is a possibility that you both could be called for an interview. I don't think this possibility is strong for US citizens. If he only has 10 days of holidays that would mean he would have to come to the UK for 7 days, give notice, leave and at least 28 days later but before the visa expires come back for 3 days and marry.
> 
> https://www.gov.uk/marriages-civil-partnerships/foreign-national


We thought about that as I believe I can work sooner when I eventually move. I'm just concerned about visiting the US after that while the visa would be in process.


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## nyclon (Apr 3, 2011)

I think you only need your marriage certificate to change your name on your passport. 



> Marriage and civil partnership
> 
> You don’t need a deed poll to take your partner’s surname. Send a copy of your marriage or civil partnership certificate to record-holders, eg benefits offices. Your documents will be updated for free.


https://www.gov.uk/change-name-deed-poll/overview



> After the ceremony
> 
> Send the marriage or civil partnership certificate when you apply.


https://www.gov.uk/changing-passport-information/marriage-and-civil-partnership


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## nyclon (Apr 3, 2011)

If you have any further questions about the UK process please post them on the UK forum.


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## CurlyGirl (May 29, 2015)

nyclon said:


> If you have any further questions about the UK process please post them on the UK forum.



My questions cover both and probably applies more to US visitors who have done this? I'm new so if i've posted to the wrong area to ask about moving to the US and processes prior, apologies.


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## nyclon (Apr 3, 2011)

You're in the right place if your intention is to move to the US. I'm just suggesting that if you have further questions about name changing or marrying in the UK then please post those questions there.


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## CurlyGirl (May 29, 2015)

nyclon said:


> You're in the right place if your intention is to move to the US. I'm just suggesting that if you have further questions about name changing or marrying in the UK then please post those questions there.


I will be moving to the US


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## nyclon (Apr 3, 2011)

CurlyGirl said:


> I will be moving to the US


As I said, then this is the right forum but any further questions about changing your passport or name should be asked on the UK forum.


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## Bevdeforges (Nov 16, 2007)

Changing your name isn't really an issue in the US. (Not that you actually have to "change" your name, since you won't have much in the way of official documents or accounts in your maiden name over there.) Depends a bit on what you'll be retaining back in the UK as to how much trouble it will be making the official change in the UK, but as nyclon has indicated, the passport should be pretty simple (albeit expensive to renew from abroad, as I understand).

One other (albeit unconventional) solution might be to have the party in the UK before you depart on your K1 visa. Once you're in the US, you only have 90 days to get married anyhow - so you can just do a civil marriage there. Unless you're set on a big church wedding, there's nothing to say you can't have a big pre-wedding party (with the groom-to-be present) to see you off.
Cheers,
Bev


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## twostep (Apr 3, 2008)

It comes down to three options:
K1 90 days to get married in the US, apply for AoS, no work or travel outside the US until AoS is granted (I have heard of delays into 180 days lately)
CR1 once it is granted your legal status allows you to work immediately
UK wedding with your family/friends
Fees are posted on travel.state.gov. UK requirements fees - ask in the UK forum. Joppa is very well informed.

If you change your name or not is up to you. My personal advice - be consistent.

Shipping your property - clean out, clean out, clean out. 

House purchase - get established, have a job, work on your US credit history. 

In the meantime get a part time job and start saving like a squirrel.


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## CurlyGirl (May 29, 2015)

twostep said:


> It comes down to three options:
> K1 90 days to get married in the US, apply for AoS, no work or travel outside the US until AoS is granted (I have heard of delays into 180 days lately)
> CR1 once it is granted your legal status allows you to work immediately
> UK wedding with your family/friends
> ...


Thank you for the good advice. I too have heard it can be up to 6 months until AOS so our saving up is budgetting for that. Is there any exceptional circumstances they let you leave during that time? (I.e family illness or a bereavement? I would hate to have my parents get sick unexpected and not be able to get back to visit)

Thankfully I have a flat so all I will be taking is shoes and clothes and a few personal effects (old photos, paperwork etc) but certainly no furniture. 

My partner is in a great job but not enough to buy a house without my input so I need to get my savings over. He has such good credit he has been told he needs to basically get a visa card, finance a car or similiar as he has nothing at all. Much like nme, no debt and not even any credit cards. 

I'm working full time and ebaying like crazy to squirrel away around trips (im in the US now, flying home today :sad: )

Being quite traditional I want to take his name so i think in terms of thinks to change mt name on I hadn't though I coukd just apply after marriage US side and put as much off as I coukd to avoid changing. In the UK its just passport, driving licence and likely a bank account as ive been adviced to keep a UK one on the go. 

We are weighing up how beneficial getting an immigration lawer may be too.

Thanks again.x


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## CurlyGirl (May 29, 2015)

Bevdeforges said:


> Changing your name isn't really an issue in the US. (Not that you actually have to "change" your name, since you won't have much in the way of official documents or accounts in your maiden name over there.) Depends a bit on what you'll be retaining back in the UK as to how much trouble it will be making the official change in the UK, but as nyclon has indicated, the passport should be pretty simple (albeit expensive to renew from abroad, as I understand).
> 
> One other (albeit unconventional) solution might be to have the party in the UK before you depart on your K1 visa. Once you're in the US, you only have 90 days to get married anyhow - so you can just do a civil marriage there. Unless you're set on a big church wedding, there's nothing to say you can't have a big pre-wedding party (with the groom-to-be present) to see you off.
> Cheers,
> Bev


Good idea on the pre wedding bash. I honestly hadn't thought of that assuming we needed (should) be married!


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## mamasue (Oct 7, 2008)

Changing your name after the wedding is easy.....I took marriage certificate to the London passport office, and got my new passport on the same day.


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## twostep (Apr 3, 2008)

Advanced Parol can be applied for to travel while AoS is pending. I do not know what reasons qualify and what processing periods are.

Credit is basically one's history of handling financial obligations. Good job, no debt, a million in the bank .... it does not have to mean good credit. Have him pull his credit report and give you his credit score. This is a driving factor when it comes to taking out a mortgage.

All marriages are made in heaven but not all end there. Please do not take this personal but as a word of caution when it comes to finances. Especially spouses who bring substantial funds into the marriage but are not familiar with US law should research prior to committing.


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## BBCWatcher (Dec 28, 2012)

One point about Adjustment of Status (AoS) and the inability to seek employment (as associated with the K-1 visa path). Many prospective employers, unfortunately, discriminate against those with long periods of unemployment between jobs. Just be aware of that possible impact, financial and otherwise. If you can have a firm employment offer lined up and start work only when the AoS comes through, great.


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## twostep (Apr 3, 2008)

BBCWatcher said:


> One point about Adjustment of Status (AoS) and the inability to seek employment (as associated with the K-1 visa path). Many prospective employers, unfortunately, discriminate against those with long periods of unemployment between jobs. Just be aware of that possible impact, financial and otherwise. If you can have a firm employment offer lined up and start work only when the AoS comes through, great.


OT - please explain what you consider discrimination? OP did not mention what she or her fiancé do for a living. If she has qualifications an employer is interested in a couple of months are easily explained on her resume.


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## BBCWatcher (Dec 28, 2012)

I meant discrimination, that employers statistically exhibit bias against hiring individuals with significant gaps in their work histories. They do so whether or not such gaps are explainable in part because many employers have early stage filters and don't even give applicants explanatory opportunities. The longer the gaps, the stronger the bias.

I thought this was common knowledge, but apparently not.

If it wasn't obvious, I am highly critical of such biases in hiring practices.


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## Madhouse1964 (Feb 13, 2015)

Hi, you replied to my similar thread so I'm replying to yours. My American fiancé came over the beginning of May with his marriage visitor visa. He had to be in the country 7 whole nights and wouldn't be allowed to get married within 28 (?) days. This was fine for us because we are getting married September. He went back home after registering and the visa (says multi entry on it) allows him to come back September. The visa itself was a nightmare to do. He needed wage slips, a letter from his work to say he would be returning home, evidence we were a real couple... Photos, Facebook things etc, flight details, evidence of ceremony being booked and where, where he would be staying while here. He also needed to travel 3 hours from his home in Iowa to get a biometric fingerprint thing done... It says it all if you google UK MARRIAGE VISITOR VISA. This needs to be done no more than 3 months before you go and register. Like all Americans he doesn't get much holiday so had to get unpaid leave for so many visits. In hindsight maybe it would have been better to marry in States but I figured I owed it to my family to marry here as I'll be leaving them all eventually. 
I will be too scared to visit him after we get married until I have my visa in case I get turned back at immigration so it will be a very long and painful 8-12 months I think.


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## Dilf (May 24, 2015)

why dont you just go over to USA on a vistors visa, get married, go home, then start visa proceedings.
I came into the country yesterday on a visitor visa, told the guy I was here to get married, all I had to do was show him my return ticket as proof I was coming back to the UK after the wedding and he let me in. K1 fiancee visa seems like a complete waste of time (and costs nearly an extra $1000) unless you're from a high risk country that tends to overstay.


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## CurlyGirl (May 29, 2015)

Dilf said:


> why dont you just go over to USA on a vistors visa, get married, go home, then start visa proceedings.
> I came into the country yesterday on a visitor visa, told the guy I was here to get married, all I had to do was show him my return ticket as proof I was coming back to the UK after the wedding and he let me in. K1 fiancee visa seems like a complete waste of time (and costs nearly an extra $1000) unless you're from a high risk country that tends to overstay.


As much extra as that? I need to look up the cost comparisons around the K1 vs the option you mentioned as we did consider that but i was concerned I couldn't visit afterwards until we had our visa approved. 

I've been to the States 9-10 times in 4 years and never had secondary questioning (yet) but they are asking more each time. This week more than usual but I always have return paperwork in hand. I went over for 90 days last year and got back into work quickly after changing from IT Sales to Project Management analyst after sitting my Prince2 as soon as I got back (looking to get up to become a Project Manager in answer to other posts).


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## CurlyGirl (May 29, 2015)

Madhouse1964 said:


> Hi, you replied to my similar thread so I'm replying to yours. My American fiancé came over the beginning of May with his marriage visitor visa. He had to be in the country 7 whole nights and wouldn't be allowed to get married within 28 (?) days. This was fine for us because we are getting married September. He went back home after registering and the visa (says multi entry on it) allows him to come back September. The visa itself was a nightmare to do. He needed wage slips, a letter from his work to say he would be returning home, evidence we were a real couple... Photos, Facebook things etc, flight details, evidence of ceremony being booked and where, where he would be staying while here. He also needed to travel 3 hours from his home in Iowa to get a biometric fingerprint thing done... It says it all if you google UK MARRIAGE VISITOR VISA. This needs to be done no more than 3 months before you go and register. Like all Americans he doesn't get much holiday so had to get unpaid leave for so many visits. In hindsight maybe it would have been better to marry in States but I figured I owed it to my family to marry here as I'll be leaving them all eventually.
> I will be too scared to visit him after we get married until I have my visa in case I get turned back at immigration so it will be a very long and painful 8-12 months I think.


I would love my family and friends there but selfishly, with the K1 which will already be expensive all in all we think it may be more cost effective to do an intimate on Stateside as I can't face the family battle to invite people we never see! X


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## CurlyGirl (May 29, 2015)

twostep said:


> OT - please explain what you consider discrimination? OP did not mention what she or her fiancé do for a living. If she has qualifications an employer is interested in a couple of months are easily explained on her resume.


I have retrained to get into Project Management after 90 days in America ladt year to try out the life & my partner is an IT manager in automotive so he's in solid good employment to support me short term.


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## CurlyGirl (May 29, 2015)

twostep said:


> Advanced Parol can be applied for to travel while AoS is pending. I do not know what reasons qualify and what processing periods are.
> 
> Credit is basically one's history of handling financial obligations. Good job, no debt, a million in the bank .... it does not have to mean good credit. Have him pull his credit report and give you his credit score. This is a driving factor when it comes to taking out a mortgage.
> 
> All marriages are made in heaven but not all end there. Please do not take this personal but as a word of caution when it comes to finances. Especially spouses who bring substantial funds into the marriage but are not familiar with US law should research prior to committing.


Have you managed to keep on UK bank accounts?


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## Dilf (May 24, 2015)

Yes you can visit USA whilst the CR1 is processing. There's some people that will tell you that you may have problems due to overstaying. But again - been from the UK like myself - you wont have any problems. 

K1 fiancee visa costs more mainly because you have to apply for a Greencard once married, whereas CR1 visa comes with one included.


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## Bevdeforges (Nov 16, 2007)

Twostep isn't from the UK originally, so probably has no UK bank accounts.

I lived in the UK for a year, a long time ago, and simply retained the account when I returned to the US. Lately, however, it seems that more and more banks get "nervous" about having non-resident customers. Easiest way to deal with that is simply to move and then send your UK bank a change of address listing your new US address. If you've been a customer for a while, they'll probably just change the address and let it go. (Maybe not HSBC, as they've had "issues" with the US banking officials and have paid some whopping big fines...)

It's actually a good idea to maintain one bank account (and possibly one credit card) "back home." It definitely comes in handy for getting cash when you're back there on visits, or if you order stuff via the Internet from merchants back in "the Old Country." Eliminates the exchange problems.
Cheers,
Bev


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## mamasue (Oct 7, 2008)

Curly Girl...I've lived in the US almost 9 years now.....I've kept my Natwest account, using my US address. They're not good at transferring money overseas, though.


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## twostep (Apr 3, 2008)

Bev you did not understand me. Do not keep all your eggs in a mutual basket. I have seen a fair share of dreams turn night mares. Know what you are getting into when it comes to finances. 
For a simple depost account all you need is a W8 on either side of the pond.


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## Bevdeforges (Nov 16, 2007)

twostep said:


> Bev you did not understand me. Do not keep all your eggs in a mutual basket. I have seen a fair share of dreams turn night mares. Know what you are getting into when it comes to finances.
> For a simple depost account all you need is a W8 on either side of the pond.


Was actually responding to the OPs question to you about whether or not you had kept an account open in the UK. 

Finances are tricky when you're juggling things between countries. Keeping an account open in the Old Country the first few/several years after you move elsewhere is not a bad idea at all. Yes, there are tax considerations, but expats deal with this sort of thing all the time.
Cheers,
Bev


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## Dilf (May 24, 2015)

curlygirl, I've just noticed you're from Yorkshire. Me too. Mind me asking where abouts? I'm from Ilkley.


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## CurlyGirl (May 29, 2015)

Dilf said:


> curlygirl, I've just noticed you're from Yorkshire. Me too. Mind me asking where abouts? I'm from Ilkley.


I'm from Sheffield x


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## CurlyGirl (May 29, 2015)

Dilf said:


> Yes you can visit USA whilst the CR1 is processing. There's some people that will tell you that you may have problems due to overstaying. But again - been from the UK like myself - you wont have any problems.
> 
> K1 fiancee visa costs more mainly because you have to apply for a Greencard once married, whereas CR1 visa comes with one included.


Have you started the process yet? Be good to have a contact going through it in real time as we really want to start it all in the next 12 months. 

CR1 is appealing purely as you said for the Greencard. Sickeningly, we can't face a process that will stop us seeing each other for longer than 3 months as we miss each other so much. I only flew back today and have been beside myself during the hours i've managed to stay awake! Lol! Joys of long distance love. 

I also saw your partners in Michigan. We won't be far, i fly into Detroit to drive the hour into Ohio.


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## TeamTrumbley (Apr 23, 2015)

Excellent - another Sheffield lass moving to the US. (I'll be in the Upper Peninsular of Michigan) and I've just started the CR1 visa process this year.
I went through the same questions and investigation you are doing last year and my husband and I decided to save money and get married in the USA.
We consulted an immigration lawyer over there and confirmed it is legal to marry on an ESTA and that the alien spouse visa is currently only taking a month or so longer than the fiancé visa and you save on the change of status and are able to work almost straight away. We decided it was worth paying a month or two to save a grand or so.
I came back and waited until my passport was due for renewal and changed my passport name in am matter of days by doing the online process and sending in a copy of the marriage certificate. It cost price of the renewal with no additions for the name change.
My husband has added me to his bank account over there as they accept a marriage certificate and don't require a social security number so it seemed an easy way to start establishing a financial relationship. (And I'm also on his health insurance through his union) I will be keeping a bank account here for the first two years at least, as due to family circumstances there is quite a lot of financially complicated stuff happening for me at the moment.
At this point we've been apart for nearly a year, approaching our first anniversary, (we can't afford to fly back and forth and do the visa so we took the decision to endure and Skype, I think it is wonderful you are seeing each other more often) although given the above mentioned complications we didn't start the visa process until the end of January. 
At 3 months in we are through the initial checks and have had the case number from the NVC and just started the actual application process with the Choice of Agent form.
My biggest problem so far is tracing everywhere I've lived over 6 months, for the last 22 years, for the police report - thankfully I have kept my bank statements for ridiculous periods of time. LOL.
Good luck and ask me anything


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## Madhouse1964 (Feb 13, 2015)

I'll be moving from Essex to Iowa. Do you know yet where you'll have to go for your medical? I've read that Knightsbridge in London is where I'll have to go eventually. Even that sounds like a nightmare. You have to be immune to chickenpox and if you're not you have to get vaccinated but nowhere in the UK does it! Good job I had it as a kid.


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## Davis1 (Feb 20, 2009)

Knightsbridge Doctors


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## CurlyGirl (May 29, 2015)

TeamTrumbley said:


> Excellent - another Sheffield lass moving to the US. (I'll be in the Upper Peninsular of Michigan) and I've just started the CR1 visa process this year.
> I went through the same questions and investigation you are doing last year and my husband and I decided to save money and get married in the USA.
> We consulted an immigration lawyer over there and confirmed it is legal to marry on an ESTA and that the alien spouse visa is currently only taking a month or so longer than the fiancé visa and you save on the change of status and are able to work almost straight away. We decided it was worth paying a month or two to save a grand or so.
> I came back and waited until my passport was due for renewal and changed my passport name in am matter of days by doing the online process and sending in a copy of the marriage certificate. It cost price of the renewal with no additions for the name change.
> ...


Thanks for the reply, this is great advice. My passport expires next year and I believe i need to so it 6 months prior to emter the US so I may well now look at marrying on the ESTA and doing the CR1. I was worried about marrying on a visit as they have asked me a few times at immigration if I am marrying on that trip and it felt like had I said yes it may be an issue. If its not illegal and I have my return, which I always do, then i'm definitaly looking at this route. 

My partner has also plans to put me on his work insurance and knowing I don't need a social security number to get a joint account is reassuring as i like to have access to my own money. I always carry cash over in the US to avoid bank charges by my own bank! 

We are very fortunate to see each other 4-5 times a year, i just came back on Sunday from a trip where i surprised him for the week! Next trip will be August now though...i miss him terribly. We're hoping to visit Michigan Lakes then too.x


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## TeamTrumbley (Apr 23, 2015)

The immigration officer didn't ask me about marriage, (and I had been advised not to volunteer the information) but I was honest about visiting my BF, so he did ask me why he should believe I wasn't going to stay and live happily ever after with my partner. I said that I had a dog, a house and a job to come back to and he let me in.
I think on the basis that they can see that you always leave on time, and that you can say that you are intending to apply for a spousal visa - which then gives you the biggest motivation ever not to put a foot wrong on a visa waiver - you should be ok.
The lakes are beautiful  sniff


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