# spousal visa



## lhigdon223 (Feb 1, 2012)

Is it true that my fiancé from the UK would have to stay in the United States for 9 months after the wedding?


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## Crawford (Jan 23, 2011)

lhigdon223 said:


> Is it true that my fiancé from the UK would have to stay in the United States for 9 months after the wedding?


Presume the wedding is in the US?

No, there is no rule which says he has to stay in the US for nine months after the wedding.


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## twostep (Apr 3, 2008)

Why do you not read up on your options before going stir crazy? Start with the stickies at the US forum here, uscis.gov and travel.state.gov. 
There is no reason to employ an immigration attorney unless you or your fiance have skeletons in the closet. 
Carefully read through Affidavit of Support. 
Are you planning to just "get married" or move to the US?


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## lhigdon223 (Feb 1, 2012)

twostep said:


> Why do you not read up on your options before going stir crazy? Start with the stickies at the US forum here, uscis.gov and travel.state.gov.
> There is no reason to employ an immigration attorney unless you or your fiance have skeletons in the closet.
> Carefully read through Affidavit of Support.
> Are you planning to just "get married" or move to the US?


We really just found out that one option we have is get married in the US on a visitor visa and then apply for a marriage visa to the UK to skip the fiance visa. So to answer your question, no we don't want to move to the US, just get married here.


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## Davis1 (Feb 20, 2009)

Thousands of tourists get married in the US every year
they never stay longer than the vacation


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## twostep (Apr 3, 2008)

lhigdon223 said:


> We really just found out that one option we have is get married in the US on a visitor visa and then apply for a marriage visa to the UK to skip the fiance visa. So to answer your question, no we don't want to move to the US, just get married here.


All you need is passport and potentially birth certificates. Make sure your marriage certificate has an official apostille.


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## lhigdon223 (Feb 1, 2012)

twostep said:


> All you need is passport and potentially birth certificates. Make sure your marriage certificate has an official apostille.


How honest should she be when going through customs if all she has is a 90 day ESTA? Is it best to be up front and tell them but have documentation showing that she doesn't intend to stay? For example, itinerary for a return trip and an official schedule of her classes at university of Edinburgh. 

Not that I disbelieve any of the information you're providing but is there any link to a government site you could share that says this is legal? Just to maybe print off and present at customs if need be.


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## Bevdeforges (Nov 16, 2007)

lhigdon223 said:


> How honest should she be when going through customs if all she has is a 90 day ESTA? Is it best to be up front and tell them but have documentation showing that she doesn't intend to stay? For example, itinerary for a return trip and an official schedule of her classes at university of Edinburgh.
> 
> Not that I disbelieve any of the information you're providing but is there any link to a government site you could share that says this is legal? Just to maybe print off and present at customs if need be.


You should be scrupulously honest with the immigration folks on entry. That said, answer only the question that is put to you. Do not offer any excess information. If they ask for proof that she isn't going to stay, show it to them. But don't offer it unless asked.
Cheers,
Bev


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## twostep (Apr 3, 2008)

lhigdon223 said:


> How honest should she be when going through customs if all she has is a 90 day ESTA? Is it best to be up front and tell them but have documentation showing that she doesn't intend to stay? For example, itinerary for a return trip and an official schedule of her classes at university of Edinburgh.
> 
> Not that I disbelieve any of the information you're providing but is there any link to a government site you could share that says this is legal? Just to maybe print off and present at customs if need be.


It never hurts to have documentation about so-called binding ties with you. She is visiting the US and friends.

Immigration does not get involved in marriages unless it is for visa purposes. Google places such as Las Vegas or get in touch with whoever you planned to handle the ceremony. Again - have your marriage license with the apostile attached in hand before you leave. At another forum we have a German couple with lots of problems because they cannot prove they are married. Also remember - she will have to continue filing US tax returns and deadline is April 16.


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## lhigdon223 (Feb 1, 2012)

So basically just say visiting friends at customs unless they start probing further in? And have documentation showing she doesn't plan to stay. 

Excuse my ignorance but what is an apostile? 

Also she's currently living in Scotland. She doesn't pay US taxes.


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## twostep (Apr 3, 2008)

lhigdon223 said:


> So basically just say visiting friends at customs unless they start probing further in? And have documentation showing she doesn't plan to stay.
> 
> Excuse my ignorance but what is an apostile?
> 
> Also she's currently living in Scotland. She doesn't pay US taxes.




Sorry - my bad. She is UK. YOU have to file US taxes and be registered with Selective Service.

A legal document used in a country other then the one it was issued in has be to certified/authenticated.


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## lhigdon223 (Feb 1, 2012)

twostep said:


> Sorry - my bad. She is UK. YOU have to file US taxes and be registered with Selective Service.
> 
> A legal document used in a country other then the one it was issued in has be to certified/authenticated.


Thanks for the help. 

How do you get an apostile though? 

Also I'm seeing some bad news for Alabama citizens. There have been a lot of problems with people having to provide a social security number to obtain a marriage license. Of course my Scottish fiancee doesn't have a SSN. Can anyone give me an update on this or a way to still get the license?


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## Bevdeforges (Nov 16, 2007)

lhigdon223 said:


> Thanks for the help.
> 
> How do you get an apostile though?
> 
> Also I'm seeing some bad news for Alabama citizens. There have been a lot of problems with people having to provide a social security number to obtain a marriage license. Of course my Scottish fiancee doesn't have a SSN. Can anyone give me an update on this or a way to still get the license?


Alabama has passed some funky laws related to "illegal aliens" - your Scottish fiancée can't get a social security number and it's really questionable whether she should have to get an ITIN (a tax i.d. number used for those not subject to US taxation).

Best plan is to contact the town hall where you will be applying for the marriage license and ask them if her passport (with the VWP stamp) will be adequate. If they don't know it at least puts them on notice that they need to find out.

You get an apostile through the state offices. Apostille Requirements and follow the link at the bottom of the page.
Cheers,
Bev


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## twostep (Apr 3, 2008)

lhigdon223 said:


> Thanks for the help.
> 
> How do you get an apostile though?
> 
> Also I'm seeing some bad news for Alabama citizens. There have been a lot of problems with people having to provide a social security number to obtain a marriage license. Of course my Scottish fiancee doesn't have a SSN. Can anyone give me an update on this or a way to still get the license?


contact the court house of city/county you want to get married in or post it here and i will do your leg work. spent a few wonderful years in al))


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## lhigdon223 (Feb 1, 2012)

We were hoping for Tuscaloosa county but would be willing to get one from most any county.


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## twostep (Apr 3, 2008)

lhigdon223 said:


> We were hoping for Tuscaloosa county but would be willing to get one from most any county.


let me check tomorrow.


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## lhigdon223 (Feb 1, 2012)

Alright thanks a lot.


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## lhigdon223 (Feb 1, 2012)

Also, if I do need a social security number for Tuscaloosa can I get the license from a different county and still have the ceremony in Tuscaloosa?


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