# Marriage in US, then returning to UK soon after



## nasage (Mar 7, 2013)

Hello all,
I posted a few questions on the UK forum and I was directed to this forum with regards to some of my questions.

In summary, I am a UK national engaged to a US national. We plan to get married in the US (NY), and then return to the UK with a spouse visa. We plan to live in the UK for about 2-3 years, and then return to the US to live and work. We have done a lot of research regarding the visa requirements and are confident that we meet the criteria. I posted a few questions on the UK forum and I was directed to this forum with regards to some of my questions.


1. Is it okay for me to enter on a regular visitor visa to get married and fly back to the UK shortly after? Is it wise to apply for a fiancée visa if we plan to move back to the US in 2-3 years time? If so, does anyone know the fees and processing time for the application?

2. What happens at the port of entry? When asked my purpose, is it okay to just say holiday, or do I need to go into details? I read on a few threads that by saying I intend to marry it may cause some issues, as I must prove that I do not intend to stay. It seems that it would just cause me more problems to say that I am coming to marry my girlfriend, however, will evading the truth cause more problems for me? How will it be determined that I got married once in the US?

3. As we plan to move back to the US in a few years time, will this cause any issues for me when I apply for a resident visa in the US, minimum 2-3 years away?

Thank you all for your time and I look forward to your help in any way possible


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## twostep (Apr 3, 2008)

Fiance visa = K1
you have to move to the US within six months of approval which does not meet your needs per your post

VWP
You are visiting the US on vacation, are you not? 

Moving to the US as spouse
It depends on the circumstances in 2-3 years - CR1 or DCF; worry about it when you get there

Congratulations!!!


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## grace0119 (Mar 10, 2013)

Hi nasage, 

My husband and I know a bit about this. He's an Irish national (living in the UK) and I'm the US citizen. He came to the US on a visa waiver for a holiday. After being engaged for a year, we decided to get married when he arrived and then filed for my EEA family permit once we received the marriage certificate. (That won't apply for you though as you're a UK national.) We were back in the UK a month after the wedding. As for port of entry, if you're on holiday, you're on holiday.  

Basically, there's nothing illegal about a foreign national marrying a USC in the states while on holiday to get around a bit of red tape. To my knowledge, as long as the foreign citizen doesn't violate the VWP rules by working, overstaying, or trying to adjust to an immigrant status, then its kosher. 

Congratulations and best of luck!


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## Davis1 (Feb 20, 2009)

...


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## Davis1 (Feb 20, 2009)

getting the UK visa will depend on the accomodation and the minimum 
income the UK citizen needs of 18600 ..

UK Border Agency | Financial requirement


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## twostep (Apr 3, 2008)

grace0119 said:


> Hi nasage,
> 
> My husband and I know a bit about this. He's an Irish national (living in the UK) and I'm the US citizen. He came to the US on a visa waiver for a holiday. After being engaged for a year, we decided to get married when he arrived and then filed for my EEA family permit once we received the marriage certificate. (That won't apply for you though as you're a UK national.) We were back in the UK a month after the wedding. As for port of entry, if you're on holiday, you're on holiday.
> 
> ...


I do not understand what "red tape" you are talking about. OP has to go through exactly the same steps as everyone else wherever he plans to get married in the US. I highly recommend contacting the local authority in regards to documentation/blood tests/filing periods.
It is absolutely legal to adjust status.


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## grace0119 (Mar 10, 2013)

twostep, I realize now the red tape comment doesn't apply to the OP. Sorry about that, should have left it out.. It had applied in my own situation because we wanted to go the EEA FP route after being denied the UK Fiance visa. (The denial was ridiculous, but that's a story for another time.) The UK visa appeal was the red tape we would have had to deal with. 

Again, sorry about that.


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## twostep (Apr 3, 2008)

grace0119 said:


> twostep, I realize now the red tape comment doesn't apply to the OP. Sorry about that, should have left it out.. It had applied in my own situation because we wanted to go the EEA FP route after being denied the UK Fiance visa. (The denial was ridiculous, but that's a story for another time.) The UK visa appeal was the red tape we would have had to deal with.
> 
> Again, sorry about that.


No reason to be sorry. It confuses posters as you posted this in the US Forum.


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## English (May 7, 2011)

My husband and I did the same thing only we married in Texas. He was visiting me in the uk for 6 months on a visitor visa. We got engaged march 20th 2012. I then flew back to the states with him for a 2 week holiday. We applied for marriage license in Texas. We had to wait 72 hours before we could get married. There was no blood test requirement. . We married in Texas April 3rd 2012. I then flew back to the uk whilst we applied for his visa. It came through in early June and he moved to uk June 14th 2012. 

Ours was a simple process as we'd known each other over 10yrs and had photos and emails from all those years and my many visits to Texas ( before we were together. We were friends for years).

We are now approaching our 1 year anniversary here in the Uk, but are looking int o the process of moving to the states . We hope to move before his 2.5 yr visa here is up rather than renew it. We only came this way as my Dad was terminally ill. He died just before Christmas 

Good luck with your plans and your life together


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## English (May 7, 2011)

Oh and I just said at port of entry I was on holiday. Never had any problems. As I wasn't planning on staying in USA after we married it was perfectly legal


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## KQuigley (Jan 10, 2012)

Hi Grace!! My fiance is Irish (living in London)and I am a US citizen (living in NY) as well! We're planning on getting married in a civil ceremony at the end of May in NY CityHall with our immediate family and then applying for our EEA Family Permit, too! 

Was great to hear that yours only took one month...we are hearing it *could* take up to four months! I have a few questions for you... 

(1) Did you use a lawyer to help you with the documents and application? It seems very straightforward but we are worried about doing this on our own. 
(2) What documents did you send in (besides marriage cert)??
(3) Also, did you get an "extended marriage certificate" with the apostille on it??
(4) Can you travel back and forth between UK and US now while on the EEA Family permit without issues? Do you have to wait the 6-month period until you apply for settlement before you can do this? 
(5) Lastly- do you get your original documents (and any photos, if you submitted them) back? 

Sorry for the flurry of questions! I was just excited to see someone in our same situation! 

Thanks in advance! 

Kelley



grace0119 said:


> Hi nasage,
> 
> My husband and I know a bit about this. He's an Irish national (living in the UK) and I'm the US citizen. He came to the US on a visa waiver for a holiday. After being engaged for a year, we decided to get married when he arrived and then filed for my EEA family permit once we received the marriage certificate. (That won't apply for you though as you're a UK national.) We were back in the UK a month after the wedding. As for port of entry, if you're on holiday, you're on holiday.
> 
> ...


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## grace0119 (Mar 10, 2013)

Kelley, 

First, congrats on your upcoming wedding!!! 

As to the EEA FP, here's how it went:
After the wedding, we received our marriage certificate (I don't know what the long version is, but ours is just a short one with all the info and the seal from the county clerk.) 

We then sent in the EEA FP application with photocopies and the originals of: Marriage cert, my husband's payslips to prove employment, a letter from his mum saying we could live with her as hubby is her carer (she's disabled), his birth certificate, his bank statements, and my passport, of course.. I think that was all it took, and no, we didn't bother with a lawyer. The paperwork was pretty straightforward and there's no fee so we took the chance on doing it ourselves. :fingerscrossed:!!!!

The EEA FP *technically* is meant to be processed very quickly (when we did this it was stated as 48 hours), as its considered priority. Info about priority procesing is here: https://www.visainfoservices.com/Pages/Content.aspx?Tag=Services_PAGE#Priorityservice

In the section 'Who can apply?' for Priority Service, it states


> EEA Family Permit applicants are not required to purchase priority services. EEA Family Permit applications are considered priority, free of any additional charge, in line with the UK Entry Clearance Guidance.


 However, they 'misplaced' our application and so it took three weeks to process. 

I haven't been back to the US, so I can't say about travelling back and forth on the EEA FP. However, I can tell you that when arriving in London Heathrow, we had a bit of runaround, as the border agents were a bit confused as to what to do with me!! First, they said I could go through the line for UK residents with my husband, then they said no. The next agent sent me to a room for some sort of medical quarantine, and on arriving there I was told US citizens aren't meant to be sent there. Finally, a nice lady agent took us to the head of the line and got a supervisor to put us through. 

Also, when you get settled in the UK, don't wait too long to apply for the Residency Card. They say they process these applications within six months, but I've been waiting 7 months now for mine. You are not required to get a residency card, but the EEA FP vignette has a use-by date printed on it, which tends to confuse health boards and employers. I lost my NHS coverage for a little over two weeks because the Health Board assumed the use-by date meant I was supposed to leave the UK on that date. (Its actually just the date you need to have entered the country by.) Make sure you sort out your National Insurance number and opening any bank accounts before sending away for the Residency Card as you are expected to send in your passport. Here's a link to the Residency Card page: UK Border Agency | Residence documents for non-EEA family members of EEA nationals

And yes, we did get our original documents back with the EEA FP.

Finally, my apologies for the long-winded reply. There's a lot of little things, like the NHS confusion I mentioned, that could have gone more smoothly if I'd been aware. I hope I've helped!! Let me know if you have any other questions. 

- Grace


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## KQuigley (Jan 10, 2012)

Grace you've been SO helpful!!! Thank you so very much for your advise and taking the time to provide me with such a detailed response of your experience! 
(and thanks as well for the congrats! we are _so _excited...we got engaged while on holiday for Paddys day - so suprised...we've been doing long distance for just nearly four years now since we met in NY so we are so excited to finally start our lives together...in the same country!  haha.) 

So you did not have to send in any notorized letters from friends attesting to your relationship, or emails or phone call records between you both? I've heard horror stories of people having to do this...glad to know it's not the case for everyone! 

Good to know re:NHS and the residency card! From what I read I thought we couldnt apply for the residency card until 6 months after I'd landed/entered into the UK on the EEA FP. I'll definitely keep this in mind!! Thank you for the links, too! 

Honestly Grace I can't thank you enough. Where in the US are you from? (sorry I'm being nosey!) 

Ill be sure to keep you updated on our process. We are getting married in City Hall on 31st May - I just got my dress this past weekend so very excited! 

Thank you so much again!! Hope you get your residency card soon - and congrats to you and your hubby on your marriage as well  

All the best, 
Kelley



grace0119 said:


> Kelley,
> 
> First, congrats on your upcoming wedding!!!
> 
> ...


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## KQuigley (Jan 10, 2012)

Oh Grace one more question...

- Did you change your name when you were married in the US?
--> If so...I'm assuming you got a new passport with your new name right after? 

Id like to change my name but worried doing so will elongate all of the other processes we need to take...as I know I'll need to change not only my passport but ss#, etc, etc. 

If you did not change your name then...have you changed it now? 

Sorry - no more questions tonight  

Thanks again!
Kelley





KQuigley said:


> Grace you've been SO helpful!!! Thank you so very much for your advise and taking the time to provide me with such a detailed response of your experience!
> (and thanks as well for the congrats! we are _so _excited...we got engaged while on holiday for Paddys day - so suprised...we've been doing long distance for just nearly four years now since we met in NY so we are so excited to finally start our lives together...in the same country!  haha.)
> 
> So you did not have to send in any notorized letters from friends attesting to your relationship, or emails or phone call records between you both? I've heard horror stories of people having to do this...glad to know it's not the case for everyone!
> ...


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## grace0119 (Mar 10, 2013)

Kelley, 

Glad to have helped!! I don't recall having to send phone records, etc. But it might not hurt to include them, just to be safe. Also, I believe you have to send in the Residency card application within the first 6 months after your arrival. 



> Where in the US are you from? (sorry I'm being nosey!)


I'm from Pennsylvania, just outside Hershey. My hubby and I were married at the local courthouse on May 8th 2012, then had a Celtic handfasting ceremony and reception on May 19th so our family and friends could celebrate with us. 

Please do let me know how it goes. And thank you for the congrats. Our anniversary is in 3 weeks!! I can't believe how fast the last year has flown by!  

Didn't see your other questions until now, so editing this quickly...

I did change my name before leaving the US. I changed it on my drivers license and SS card. Also changed it with the bank. I did not change it in my passport, it would have taken too long. (My hubby was on a month's paid holiday from work and we had to get back to the UK quickly.) My new SS card took about 10 days to receive, and the drivers license was taken care of in about an hour at the dmv.

I've had very little trouble with my passport being in my maiden name. For bank accounts, NHS, etc I just had to give a copy of our marriage cert with my passport. No problem. You can get your passport name change done via the US Consulate once you're here. The UKBA won't transfer EEA FP or residency cards to your new passport, so keep the old passport afterwards!!

Best of luck to you both
Grace


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## KQuigley (Jan 10, 2012)

Hi Grace - thanks I just saw your reply....still getting used to this forum! haha. 

thanks again re:name change...I didnt know you could just change your ss# and drivers license and not your passport all at the same time, that's great to know you've had no issues with this! Do you need the driving license? I may just let mine expire and not update it...though, it's probably good to have another valid form of photo ID with my married name if I dont update my passport just then! 

HAPPY ANNIVERSARY (early  ) to you!!! That sounds just wonderful how you did your wedding! My fiance and I are doing the City Hall thing and then planning a larger wedding for next Fall with all of our family and friends...location TBD..but we're thinking Italy if we can swing it! If we do it in Galway (where he's from) it will end up being too big!! (as you know with many irish weddings  ) 

Speak soon Grace and thanks again!

Thanks again!
Kelley



grace0119 said:


> Kelley,
> 
> Glad to have helped!! I don't recall having to send phone records, etc. But it might not hurt to include them, just to be safe. Also, I believe you have to send in the Residency card application within the first 6 months after your arrival.
> 
> ...


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## grace0119 (Mar 10, 2013)

Kelley, 

Re: driving license, you don't have to do it I guess, but we intend on moving permanently to the US, so I decided to update it. (Also, it was really awesome seeing my new name on it, all official and stuff. LOL) We're actually getting ready to file for my hubby's US spouse visa tomorrow. Moving back here to Belfast was more of a temporary situation. Hubby's mum was really poorly with rheumatoid arthritis, and needed us here while she was waiting on a new treatment. She's doing better now, and doesn't need help so much anymore, so we've weighed our options and want to settle in the states.

And I know just what you mean about Irish weddings. We were going to have a vow renewal on our anniversary for his family who didn't make it over to the states. But we realized pretty quickly that it was just going to spiral out of control and we wouldn't be able to afford it. Oh well.. 

Anyway, best of luck and again, let me know how it goes!

Grace


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