# USA BF UK GF marry



## almorah (Oct 1, 2011)

So after 2 years of the endless to'ing & fro'ing we both have decided to marry this year. 
He is coming over to the UK in 3 weeks and we need some answers to us marrying to each other this year. As follows:

1) Should we marry here in the UK and then start the process when separate in our own countries, when he returns back to the USA?
2) Should we marry in the USA in the summer when I, once again go over to stay with him for the summer then again, do the same process in our own countries when I, return to the UK?
3) We don't want to go through the K1 route as we just want to marry NOW and then do the process after. 

He has his own business, earns a little over $19,000 per year as business is now into its 2nd year.
No kids from either from us, (well I have a 23 yr old) and we've both never married before. 

We've both looked at the USA emigration site and is so confused on the endless info on this however we both want to this ONLINE not the going out to collect forms route. 
We are both hoping to be together lawfully by the end of this year or at least by the end of January 2015.
Thank you in advance.


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## Bevdeforges (Nov 16, 2007)

The first thing you have to decide is where you want to settle after the marriage. That will kind of nudge you one way or the other as far as where to marry and where to process the paperwork for the other.

A couple of considerations:
If you decide to marry in the UK, I believe you have to get a special sort of visa for that, even if you are not going to settle there. Unlike (Check over in the British section of the forum - it used to be that way a couple years ago, but there have been some significant changes to British immigration law over the last few months.)

If you want to marry in the US, it's probably easiest to do that, but when the British fiancée arrives on a VWP, he or she (I guess with you, it's "she") will have to show valid connections back home to convince the immigrations officer that you really do plan to get married and then go back home. (Job ties, apartment lease, the usual sort of stuff...)

Either way, if you aren't going the K-1 route (for the US), the "foreigner" to the country where you plan to settle will have to file with the consulate to get the spouse visa process started - and they can't do that until after the wedding. There is going to be some period of being apart while the paperwork gets processed. 

The "local born native" will have to sponsor the other one in any event. And there is a certain amount of paperwork and collection of the relevant documents no matter how you do things (primarily things like police records, birth certificates, marriage documents, etc.). I know you say you want to do everything online - but I'm afraid there is always a certain level of collect the documents and send them in. And if you decide to go to the US to be together, there is an interview at the American Embassy in London that is simply part of the process.
Cheers,
Bev


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## almorah (Oct 1, 2011)

BBCWATCHER & BEVdeforges. 
Thank you so much for the info. To clarify, it will be myself that will be leaving the UK and moving to BF home in USA. He earns more than myself and his business is over there and just got started so he wants to continue with building it up. I don't have anything holding me back here, so I shall be moving over there. 
So, just to make sure I am clear:
1) It will be easier going down the USA getting married over there route and then...?
2) return home as only on VWP visa and then start process separately from one another?
3) May not be able to return in the summer to the USA if under what visa?
4) And I wont get into trouble for going to the USA get married and then return home to the UK TIL all is dusted?
5) Do I change my surname legitimately in the UK or should I wait until get confirmation from the USA before I do that?
6) Was wondering what if we got married, then get told I couldn't live out there? Has that scenario ever existed? Not that I have any doubts about myself as I have been visited USA from since 5 yrs old, year in year out without any complications or even questions at custody. Not got police record or never been involved in any crime. I am totally 100% kosher. 

Thanks again.


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## Davis1 (Feb 20, 2009)

You are making it very complicated ... go the easiest way 

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$19400


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## almorah (Oct 1, 2011)

@Davis1.
Well, the way you worded it, it seems that that maybe the very easiest route for the both of us this year. Now, my questions for this:
1) Would we have to get an engagement ring now as going for a fiancé route? Do they ask to see a ring or something? I know this sounds silly, but because we hadn't even decided when to even get a ring as we were figuring out just to marry and skip the engagement part.
2) I heard that going through the K1 route is more costs occurring. Is this true? That was the reason why we had decided to just marry, thinking it'll be easier on our purses.


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## Bevdeforges (Nov 16, 2007)

Yeah, I was kind of waiting for someone to come by and confirm that the threshold for sponsoring a spouse is something over $19,000. And that would be the primary reason why you might not be granted a spouse visa (i.e. green card) after getting married.

As Crawford points out, the K-1 (i.e. fiancé visa) is probably the better way to go, though as you have heard, it is a bit more expensive. You pay for the fiancé visa - but no, you don't have to have a ring. You just have to actually get married and apply for a change in status within 90 days (I think it is) of your entry to the US.

The added expense comes on changing your status from fiancé to spouse, as I believe there are another set of fees to be paid. These should be outlined on the websites that explain the K-1 visa process.
Cheers,
Bev


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## almorah (Oct 1, 2011)

Thank you Bev. When my BF comes over to visit me in 3 weeks time then I shall go over all of this info with him together. 
He lives in San Diego, so if anyone knows of the OFFICE that he needs to go i'd appreciate the details too of this. That way perhaps I can get him to deal with actually picking up the papers and holding onto them ready to fill in after we've both through this thread.
Many thanks again and I appreciate any more info if appropriate for us both to have. 
It sounds like it can be straight forward if do it correctly and sounds like we could be together by the end of the year or early 2015.


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## twostep (Apr 3, 2008)

ASPE
Affidavit of Support Under Section 213A of the Act | USCIS
This should answer everything concerning Affidavit of Support

At the end of the day it does not matter. With CR1 you will spend more time in the UK until everything is finalized and can work as of your entry. With K1 you will wait out some of the process in the US but cannot work until you receive your EAD.


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## Davis1 (Feb 20, 2009)

almorah said:


> Thank you Bev. When my BF comes over to visit me in 3 weeks time then I shall go over all of this info with him together.
> He lives in San Diego, so if anyone knows of the OFFICE that he needs to go .
> .


You don't go to any office .. the US citizen just files the form as the flow chart I gave you ...

if you need advise you go see an aila lawyer ...the gov does not give advice


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## enfianced (May 13, 2013)

almorah said:


> So after 2 years of the endless to'ing & fro'ing we both have decided to marry this year.
> He is coming over to the UK in 3 weeks and we need some answers to us marrying to each other this year. As follows:
> 
> 1) Should we marry here in the UK and then start the process when separate in our own countries, when he returns back to the USA?


Hi almorah!

My husband (the UK citizen) and I (the US citizen) got married in the UK last year, and are going through the process of filing the I-130 from the UK (I've sent it off to the London Embassy, as I've been a resident in the UK for over 6 months now). So, I understand your confusion, but I do think there is something you haven't considered, namely that you can't just get married in the UK if your bf is coming over as a tourist. He can apply for a fiancé visa, but it's very expensive, much more so than the US K-1 or CR-1 visa process, and you'd have to prove you can sponsor him by making at least £18,600/year. You can't use third party sponsors to help you meet the financial requirement in the UK, either.

Now YOU could go to the US and get married there as a tourist, but you'd then need to return to the UK (you could try to stay in the US and adjust your status there, but it isn't legally recommended). Your bf can also have a third party agree to help him sponsor you financially.

The US spousal visa route, whilst much longer and seemingly more complicated, is actually less strict and more affordable than the UK. So, if you ultimately want to live in the US, I'd recommend going the US route, unless you can't stand to be away from each other for a long period of time, which is why my husband and I first applied in the UK. He could meet the financial requirement, we'd planned our wedding there already, and you can do a priority service for a UK visa and get it very quickly.

Hope this helps!! Good luck!!!


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