# Marry in UK, Live in US



## whitelily (Mar 15, 2009)

Hello. I am a US citizen wanting to marry a UK citizen. He had a criminal record over 28 yrs. ago for robbery, and a clean record ever since. If we were to get married in the UK, could he be turned down for a US Visa because of his past record? Also, how long would we have to wait until he could live here in the US?

Thank you for your assistance!

Whitelily


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## Fatbrit (May 8, 2008)

Are you currently resident in the UK? ILR, LLR or what?
Has the UKC ever entered the US before?


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## whitelily (Mar 15, 2009)

Fatbrit said:


> Are you currently resident in the UK? ILR, LLR or what?
> Has the UKC ever entered the US before?


I am a US citizen living in the US. He has never entered the US before, but he has a valid UK passport.

Thank you for your assistance!


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## Fatbrit (May 8, 2008)

whitelily said:


> I am a US citizen living in the US. He has never entered the US before, but he has a valid UK passport.
> 
> Thank you for your assistance!


Okay. To marry him in the UK, you will need a UK visa. You generally cannot marry in the UK without one (a possible exception is marriage through the Church of England) and you run the risk of being turned away at the border. Budget 2 or 3 weeks for the paperwork.

Once you're married, you can file an I-130 to bring your husband to the US. This starts the CR1 immigrant visa process. The bad news here is that this process takes 8 - 12 months without complications.

And you have a complication, but it doesn't look like a total deal killer to me. The first good news is that a long time has passed since the crime -- more than 15 years of being an upright citizen and they forgive many things. The other light at the end of the tunnel is that even if refused you may appeal their decision. This is called an I-601 waiver and must show hardship to the USC if the immigration benefit is not given. Given the complication, I'd really recommend a lawyer to guide you.

Meanwhile, your future husband should NOT enter the US on the visa waiver program.


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## whitelily (Mar 15, 2009)

Fatbrit said:


> Okay. To marry him in the UK, you will need a UK visa. You generally cannot marry in the UK without one (a possible exception is marriage through the Church of England) and you run the risk of being turned away at the border. Budget 2 or 3 weeks for the paperwork.
> 
> Once you're married, you can file an I-130 to bring your husband to the US. This starts the CR1 immigrant visa process. The bad news here is that this process takes 8 - 12 months without complications.
> 
> ...


Thank you so much for the information. What do you think his chances are to get a B2 Visa approved to visit me here in the US? I understand he does not qualify for the Visa Waiver Program. He has sent away for his official background check and expects that back on Wed. I have sent him an Affidavit of Support, and a letter inviting him to visit me and my family. Of course, this is going under the assumption that we will be visiting, not marrying. I asked someone at an immigration office in the US, what would happen if a UK visitor was here, we met, and got married. This person told me that he would absolutely not have to leave the US, and we would just have to apply for a change of status (I think that was the term).

Thank you so much for your time and assistance.


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## Fatbrit (May 8, 2008)

whitelily said:


> Thank you so much for the information. What do you think his chances are to get a B2 Visa approved to visit me here in the US? I understand he does not qualify for the Visa Waiver Program. He has sent away for his official background check and expects that back on Wed. I have sent him an Affidavit of Support, and a letter inviting him to visit me and my family. Of course, this is going under the assumption that we will be visiting, not marrying. I asked someone at an immigration office in the US, what would happen if a UK visitor was here, we met, and got married. This person told me that he would absolutely not have to leave the US, and we would just have to apply for a change of status (I think that was the term).
> 
> Thank you so much for your time and assistance.


The chances of a B2 are good. In addition to his ACPO record, he will probably also need a "Memorandum of Conviction". To get this, he applies at the court where he was convicted.

Discussing marrying while visiting and then adjusting status to remain plunges us into a gray area of the law. It is fraudulent to enter as a visitor with the intention of remaining. Some will revolve around the questions when he applies for the visa, the annotations on the visa, the questions by the CBP officer and the annotations, if any, s/he makes.


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## whitelily (Mar 15, 2009)

Fatbrit said:


> The chances of a B2 are good. In addition to his ACPO record, he will probably also need a "Memorandum of Conviction". To get this, he applies at the court where he was convicted.
> 
> Discussing marrying while visiting and then adjusting status to remain plunges us into a gray area of the law. It is fraudulent to enter as a visitor with the intention of remaining. Some will revolve around the questions when he applies for the visa, the annotations on the visa, the questions by the CBP officer and the annotations, if any, s/he makes.


Thank you. Do you know if he could be granted the B2 Visa at the interview, or will he be automatically denied and then required to have a waiver?

Also, I have not heard of a "Memorandum of Conviction." How will this help him?

Thank you so much!


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## Fatbrit (May 8, 2008)

whitelily said:


> Thank you. Do you know if he could be granted the B2 Visa at the interview, or will he be automatically denied and then required to have a waiver?
> 
> Also, I have not heard of a "Memorandum of Conviction." How will this help him?
> 
> Thank you so much!


There's always a chance he'll get the visa without a waiver being required. BTW, the waiver he applies for is different from the I-601 one required for an immigrant visa and is less stringent.

The Memorandum of Conviction is the court record. The consulate will probably ask for it. He can obtain it at the court where he was convicted.


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## Fatbrit (May 8, 2008)

BTW, what was the sentence? The measured period of good behavior usually starts from the end of the sentence. So it's going to be viewed rather differently if it was a 20-year sentence rather than a 2-month one.


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## whitelily (Mar 15, 2009)

Fatbrit said:


> There's always a chance he'll get the visa without a waiver being required. BTW, the waiver he applies for is different from the I-601 one required for an immigrant visa and is less stringent.
> 
> The Memorandum of Conviction is the court record. The consulate will probably ask for it. He can obtain it at the court where he was convicted.


Thank you! You are so kind and helpful. Do you know the name/number of the waiver he may be required to get? Also, do you know how long it usually takes to get the Memorandum of Conviction?

By the way, I will try not to email you every ten minutes...I will stretch it out to every half hour or so LOL!


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## Fatbrit (May 8, 2008)

whitelily said:


> Thank you! You are so kind and helpful. Do you know the name/number of the waiver he may be required to get? Also, do you know how long it usually takes to get the Memorandum of Conviction?
> 
> By the way, I will try not to email you every ten minutes...I will stretch it out to every half hour or so LOL!


If the B2 is refused because of the criminal conviction, the officer may give him instructions on how to complete a "Waiver of Visa Ineligibility". 

No idea how long the MoC will take -- sooner he applies, the sooner he'll get it. 

But he could also be found ineligible for a B2 for other reasons -- the most common being that he intends to immigrate on the visa. He will need to take proof of strong ties to the UK -- a place to live and a job to return to are the most common ways of overcoming this.


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## whitelily (Mar 15, 2009)

Fatbrit said:


> If the B2 is refused because of the criminal conviction, the officer may give him instructions on how to complete a "Waiver of Visa Ineligibility".
> 
> No idea how long the MoC will take -- sooner he applies, the sooner he'll get it.
> 
> But he could also be found ineligible for a B2 for other reasons -- the most common being that he intends to immigrate on the visa. He will need to take proof of strong ties to the UK -- a place to live and a job to return to are the most common ways of overcoming this.


Thank you so much! He is working on getting as much as he can to show proof of strong ties to the UK. The job situation is horrible, but he has signed up with as many agencies as he possibly can. Unfortunately, that is all he can do at this time regarding employment. He has worked all of his life, and this is awful timing. He has a rental place, not home ownership. Perhaps it would help if he were to show receipts of rent paid in advance. Also, since the job situation is scarce, he is wanting to enroll in a college class, but they don't register until June.

Any other ideas you have about showing strong UK ties will be greatly appreciated. He has two children where he lives, but they are in their 20's, so I am not sure if that will help.

Thank you so much!

Whitelily


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## Fatbrit (May 8, 2008)

whitelily said:


> Any other ideas you have about showing strong UK ties will be greatly appreciated. He has two children where he lives, but they are in their 20's, so I am not sure if that will help.


It's pretty well impossible to prove -- but the more stuff he takes to show it, the better. I must be back in June to enroll in college, attend my son's wedding or even go to the England v. India test match as I've already got the tickets....all might convince.

But there are no guarantees.


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## whitelily (Mar 15, 2009)

Fatbrit said:


> It's pretty well impossible to prove -- but the more stuff he takes to show it, the better. I must be back in June to enroll in college, attend my son's wedding or even go to the England v. India test match as I've already got the tickets....all might convince.
> 
> But there are no guarantees.


Thank you so much for the suggestions. We will do all we can. Like you said, there are no guarantees, but the more we have, the better off we will be.


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