# UK citizen marrying US citizen to live in the US



## Alexabel (May 8, 2014)

Hi!

It has been probably discussed already, but I am afraid that similar threads were not helpful enough.
I am a UK citizen marrying a USA citizen and we intend to live in the US. I visited US many times for 1-2 weeks in a month under Visa Waiver program before and never had or applied for the US visa
.
Now that we are going to get married, what is the best way to do it in terms of time and effort??

I could imagine three scenarios:

1. I come to the USA with a fiancée visa, get married within 90 days and apply for a green card as a spouse
2. I come under visa waiver program, get married within 90 days and apply for green card as a spouse all the same
3. We get married in the UK and come to the USA and I apply for spouse green card

Hearing many horrible stories about this here and in other forums I do not want to find myself in a situation where I have to leave the US and wait for USCIS to issue a spouse visa/green card. I just would like to do it without leaving the US but to be able to travel to other countries during the waiting period. Is it possible?


Is there are any hidden dangers of which we should take care of?

Thank you indeed for the help.


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## twostep (Apr 3, 2008)

How do you travel to other countries without leaving the US?

So called spontaneous marriage and Adjustment of Status is an option but where do you see the spontaneous in your case?

Considering the hoops you have to jump through to get married in the UK K1 seems the easiest solution.


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## Crawford (Jan 23, 2011)

Option 1 : Yes, you can do this. Fiance visa takes anything from 6 to 9 months to obtain (this is a standard timescale- may change). You remain in the UK until visa is issued (you can visit)

Option 2: Not recommended. Entering the US on the VWP for the intention of getting married and staying is considered fraud. If the Immigration authorities, when you apply for AOS, believe that you had intent you won't get AOS and will be deported. No appeal. The way to do it is to enter the US, get married, and then YOU leave back to the UK to apply for a spouse visa. Again reckon on 6 to 9 months for visa to be processed.

Option 3: More hoops to go through. Your fiance will need to obtain a visitor for marriage visa, then he leaves the UK back to the US (you remain in the UK) and he applies for a spouse visa for you. 

You seem to think that you can enter the US and then apply for your visa - you can't. You either wait for the visa as a fiance or wait as a spouse.

You can visit during the visa process.


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## Alexabel (May 8, 2014)

twostep said:


> How do you travel to other countries without leaving the US?
> 
> So called spontaneous marriage and Adjustment of Status is an option but where do you see the spontaneous in your case?
> 
> Considering the hoops you have to jump through to get married in the UK K1 seems the easiest solution.


Thank you, twostep.

Not really spontaneous, no.

Sorry for the naive question - what is K1?


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## Alexabel (May 8, 2014)

UPD - to clarify - I am actually fiancé and my wife-to-be is american.



Crawford said:


> Option 1 : Yes, you can do this. Fiance visa takes anything from 6 to 9 months to obtain (this is a standard timescale- may change). You remain in the UK until visa is issued (you can visit)


to obtain if applied from the UK, right? 
What does it mean "you can visit"? So I still can come to the US to my wife-to-be if I am coming under VWP? Say during my waiting for the fiance visa I can come for 90 days and leave and than come again in a couple of days?

Sorry for the very naive question.



Crawford said:


> Option 2: Not recommended. Entering the US on the VWP for the intention of getting married and staying is considered fraud. If the Immigration authorities, when you apply for AOS, believe that you had intent you won't get AOS and will be deported. No appeal. The way to do it is to enter the US, get married, and then YOU leave back to the UK to apply for a spouse visa. Again reckon on 6 to 9 months for visa to be processed.


All right, thank you very much for this information - never thought about this in this way at all!!! So the bottom line is that I cannot apply for fiance visa when being in teh US under VWP, right? Should be done only form the outside?



Crawford said:


> Option 3: More hoops to go through. Your fiance will need to obtain a visitor for marriage visa, then he leaves the UK back to the US (you remain in the UK) and he applies for a spouse visa for you.
> 
> You seem to think that you can enter the US and then apply for your visa - you can't. You either wait for the visa as a fiance or wait as a spouse.
> 
> You can visit during the visa process.


yes, frankly I thought it is much simpler process than it turned out. 

Anyway, from what you said, did I understand it right?
We apply for fiance visa (for me), it takes 6-9 months. During this time I could still visit the US under VWP, but not more than 90 days. After fiancee visa is ready I can come to the US, get married, apply for spouse visa and wait. During this waiting time, I can live in the US and can travel outside the US too. 

I will appreciate any reference to the official source of info. Thank you indeed again.


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## twostep (Apr 3, 2008)

travelstate.gov or usics.gov are the official sites.


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## Crawford (Jan 23, 2011)

You can visit the US during the processing of a fiance visa, but you cannot stay for 90 days, leave and then re-enter a few days/weeks later. That would be, to all intents and purposes, like trying to live in the US. Don't you have a job in the UK?

I would plan on entering for a few weeks at a time; and then not doing back to back visits.

Since you have an outstanding visa application you would need to show the Immigration officials at port of entry evidence that you have strong ties to the UK so that you do not intend to overstay.

Even with the VWP it's always up to the Immigration official as to whether he lets you in or not.

Your fiancee will need to sponsor you for the K1 - fiance visa: Start here

Family of U.S. Citizens | USCIS


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## Alexabel (May 8, 2014)

Crawford, I really appreciate your reply.



Crawford said:


> You can visit the US during the processing of a fiance visa, but you cannot stay for 90 days, leave and then re-enter a few days/weeks later. That would be, to all intents and purposes, like trying to live in the US. Don't you have a job in the UK?
> 
> I would plan on entering for a few weeks at a time; and then not doing back to back visits.
> 
> ...


Oh, thank you. I have a job in the UK, but can work from home. 




> Since you have an outstanding visa application you would need to show the Immigration officials at port of entry evidence that you have strong ties to the UK so that you do not intend to overstay.



Very stupid question - if I already applied for fiancé visa -isn't it is obvious that I am going to relocate to the US after the visa is issued? So what is the point I will not overstay 90 days since it would be bad for my record, but why would they care if I leave and return after say 2-7 days? And another one - will I be able to live in the US after the marriage, while waiting for the spouse visa/green card or I have to live outside the US?


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## BBCWatcher (Dec 28, 2012)

Alexabel said:


> I have a job in the UK, but can work from home.


Home in the U.K.

You cannot legally perform work in the United States until you have immigration permission to do so. That includes so-called remote work for your U.K. employer. While you're in the U.S. on the Visa Waiver Program (for example) you are either on vacation or you are on non-employment business: attending a business meeting, making a sales call, attending a training session, etc. To repeat, *you cannot work in the U.S.* on the Visa Waiver Program or until you get work permission in place from USCIS. Your physical presence in the United States defines where you are working, not where the wire from your computer terminates.

Note that whether or not you have permission to work, you almost always become subject to U.S. taxation if you work in the United States. So if you violate immigration laws you're probably also violating tax laws.


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## Davis1 (Feb 20, 2009)

To ensure you don't screw the whole thing up .. follow the approved method ...
don't try to be clever with any detail ...they know every trick
its their play pen ...follow the system 

for a fiancee visa 
K1 Visa Process Flowchart and Timeline

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 $19660


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## twostep (Apr 3, 2008)

Alexabel said:


> Very stupid question - if I already applied for fiancé visa -isn't it is obvious that I am going to relocate to the US after the visa is issued? So what is the point I will not overstay 90 days since it would be bad for my record, but why would they care if I leave and return after say 2-7 days? And another one - will I be able to live in the US after the marriage, while waiting for the spouse visa/green card or I have to live outside the US?


Immigration and common sense are two cups of tea. WVP is for travel purposes and re-entry within a short period of time may get you into secondary interviews and potentially a flight home.

You enter with your K1, get married within 90 days, sit tight for your EAD (employment authorization document) and Green Card. No work before you have your EAD in hand. You can travel but the general consensus is to sit tight.


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## Alexabel (May 8, 2014)

BBCWatcher said:


> Home in the U.K.
> 
> You cannot legally perform work in the United States until you have immigration permission to do so. That includes so-called remote work for your U.K. employer. While you're in the U.S. on the Visa Waiver Program (for example) you are either on vacation or you are on non-employment business: attending a business meeting, making a sales call, attending a training session, etc. To repeat, *you cannot work in the U.S.* on the Visa Waiver Program or until you get work permission in place from USCIS. Your physical presence in the United States defines where you are working, not where the wire from your computer terminates.
> 
> Note that whether or not you have permission to work, you almost always become subject to U.S. taxation if you work in the United States. So if you violate immigration laws you're probably also violating tax laws.


oh, another catch. Thank you, it is good to know.


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## BBCWatcher (Dec 28, 2012)

twostep said:


> You enter with your K1, get married within 90 days, sit tight for your EAD (employment authorization document) and Green Card. No work before you have your EAD in hand. You can travel but the general consensus is to sit tight.


If you travel in that interim period, make sure you get advance parole first -- very important. Or, better yet, sit tight.


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## Alexabel (May 8, 2014)

Thank you!

I am just wondering, since we would like to do it quickly, does it make sense to go to third country, get married and apply for my spouse visa right away? 
Since we do not need to wait for fiance visa to be issued, it will significantly reduce waiting time, right?

Or this is somehow "bad" strategy?

Sorry for these naive questions, I understand that everything could be done via usual rout, but the situation is such that I need to be in the US earlier, rather than later.


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## twostep (Apr 3, 2008)

Alexabel said:


> Thank you!
> 
> I am just wondering, since we would like to do it quickly, does it make sense to go to third country, get married and apply for my spouse visa right away? .


It does not matter where you get legally married as long as you have marriage certificate in English translation. I cannot tell without researching if it has to be a certified translation.



Alexabel said:


> Since we do not need to wait for fiance visa to be issued, it will significantly reduce waiting time, right?.


Incorrect! The non-US party will stay at home until all visa proceedings are finished - 10-15 months.



Alexabel said:


> Or this is somehow "bad" strategy?.


CR1 allows you to work immediately after arrival in the US while K1 not until your EAD has been granted.



Alexabel said:


> Sorry for these naive questions, I understand that everything could be done via usual rout, but the situation is such that I need to be in the US earlier, rather than later.


Yes, everyone has to be in the US asap. Until you have your Green Card status either in hand or in your passport you will have to work with USCIS's time frames. There is no expedited processing, there is no emergency processing, there is no unusual route. Having your forms and supporting documents in perfect order is all you can do.


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## Crawford (Jan 23, 2011)

You can go and get married in a third country if you wish, but that won't cut down the waiting time for a spouse visa to the US.

You will still need to wait outside of the US until the visa is issued - looks like the waiting times have stretched out a bit - 9 to 12 months?


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## Davis1 (Feb 20, 2009)

Alexabel said:


> Thank you!
> 
> I am just wondering, since we would like to do it quickly, does it make sense to go to third country, get married and apply for my spouse visa right away?
> Since we do not need to wait for fiance visa to be issued, it will significantly reduce waiting time, right?
> ...


you did not listen ..did you ... follow the procedure ...you are playing a dangerous game 
of ..Iscrewed it up ..there is no fast way ... just he right way


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## Alexabel (May 8, 2014)

thank you indeed for your replies!




Crawford said:


> You can go and get married in a third country if you wish, but that won't cut down the waiting time for a spouse visa to the US.
> 
> You will still need to wait outside of the US until the visa is issued - looks like the waiting times have stretched out a bit - 9 to 12 months?


so did I get it right -

scenario 1:
we can apply for my fiance visa, wait 6-9 month until it is issued, (during that waiting time I can visit US under VWP) then I could come to the US for good, get married and apply for spouse visa as well as for permission for work during waiting time. And then sit tight for 9-12 months waiting for the green card?


scenario 2:
We got married in third country and apply for green card as a spouse which could take 9-12 months as well. During this time I can still travel to the US under VWP. After the green card is issued I could come and start to work right away?

Thanks again.


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## Alexabel (May 8, 2014)

Davis1 said:


> you did not listen ..did you ... follow the procedure ...you are playing a dangerous game
> of ..Iscrewed it up ..there is no fast way ... just he right way


I understand, but for me it is quite strange that in order to live together two people should go via such long thorny path. We did not do anything yet - I am trying to understand how this works. Thank you anyway.


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## twostep (Apr 3, 2008)

Alexabel said:


> thank you indeed for your replies!
> 
> 
> 
> ...


No you did not get it right.

K1 - you stay in the UK, after the petition is granted you go through the K1 process in the UK, you travel to the US, you get married within 90 days, you apply for EAD and file AoS for 2-year Green Card, you can work as soon as EAD has been approved. 9-15 months total.

CR1 - you get married wherever you want to, you stay in the UK and go through the Green Card process once the petition is approved, you have six months after the medical examination to enter the US, you will get a stamp indication your Green Card status in your UK passport, you can work. 9-15 months.

You can travel, you can enter/leave the US, it is not recommended, as your immigration visa application and ESTA counter each other. Yes, this makes no sense but it is what it is. Do so at your own risk please.


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## Crawford (Jan 23, 2011)

Alexabel said:


> I understand, but for me it is quite strange that in order to live together two people should go via such long thorny path. We did not do anything yet - I am trying to understand how this works. Thank you anyway.


Not strange at all - all countries have processes for immigration purposes. Some are shorter than the US process and some longer.

One thing that has not been mentioned in this thread is that your fiance has to sponsor you for either fiance or spouse visa i.e he/she has to be able to support you since when you first arrive you will not be working. There are no public funds for you either.

Are you aware of this - does your fiance qualify?


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## BBCWatcher (Dec 28, 2012)

twostep said:


> The non-US party will stay at home until all visa proceedings are finished - 10-15 months.


Note that "home" in this context means "some place he/she legally resides." For example, a U.K. citizen could be living and working in Belgium. It doesn't necessarily mean home country (country of nationality).

That can be an important distinction. Some countries require visa applicants to apply in their countries of citizenship, at least for certain types of visas. That's not the case here.


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## Alexabel (May 8, 2014)

twostep said:


> No you did not get it right.
> 
> K1 - you stay in the UK, after the petition is granted you go through the K1 process in the UK, you travel to the US, you get married within 90 days, you apply for EAD and file AoS for 2-year Green Card, you can work as soon as EAD has been approved. 9-15 months total.
> 
> ...



Thank you very much for the info. Now it is time to read all these guidelines and 
forms. But in brief - for both cases - there is no legal way to reduce the waiting time outside the US, right? Either I wait for K1 or for CR1 - the processing times are more or less the same?


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## Alexabel (May 8, 2014)

Crawford said:


> Not strange at all - all countries have processes for immigration purposes. Some are shorter than the US process and some longer.
> 
> One thing that has not been mentioned in this thread is that your fiance has to sponsor you for either fiance or spouse visa i.e he/she has to be able to support you since when you first arrive you will not be working. There are no public funds for you either.
> 
> Are you aware of this - does your fiance qualify?



Thanks for warning, I hope it will not be any problem there.


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## Crawford (Jan 23, 2011)

Alexabel said:


> Thanks for warning, I hope it will not be any problem there.


He would need to be earning around 19K USD per annum to sponsor you.

If not earning that then a joint sponsor will be needed.


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