# British Marrying an American - Help Please! :)



## saralocke (Feb 14, 2018)

Hi everyone! 

I'm new here on the forum. 
I hope you can lend your pearls of wisdom!

I'm a British woman and I've been in a relationship with my American partner now for 5 years. It has been very well documented online and I am healthy with no criminal records. 

In the time of our relationship, I've spent most of my time in the UK, but I applied for a 10 year, B2 multiple entry visa so that I could spend more time travelling around America, visiting my partner and also deciding whether or not life in America would be right for me in the future. America is currently where I am, though I'm due to fly home to the UK in March. 

My partner and I are planning to get engaged soon, and I would like to be married in the UK. Would my partner have to apply for a fiance visa to come to England to marry me? 

We would not be intending to stay in the UK, so it would only be for a wedding. 

Provided that we have a legal marriage in the UK, would I be allowed to enter the USA with proof of my marriage and apply straight away for a green card? 

My income is greater than my partners, and my business is online, so I wouldn't be a burden on the US system 

Or, do you think it would be best to elope here in the US and then adjust my status here? I believe this can often be viewed as fraudulent, so I want to make sure I do this properly!

Thank you so much for any advice you may be able to give


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## Bevdeforges (Nov 16, 2007)

Regarding the fiancé visa for the UK, you'll have to check in the UK section of the forum, but I suspect quite strongly that the answer is "yes."

And furthermore, like the UK, the US doesn't recognize any inherent "right" for a spouse to enter the US immediately after the wedding (other than on a tourist visa). You would still have to return to the UK while the spouse visa was being processed. 

I'll leave you to the US forum folks (when they get up - it's still early hours over there as I write this) to explain some of the details.
Cheers,
Bev


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## gairloch (Jun 24, 2011)

Yes, a UK marriage visa is required before getting married in the UK. (Of note, you do not need a visa to get married in the USA).

There are other folks here who can give you more information on the rest of it.
Congrats on your pending marriage.


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## ALKB (Jan 20, 2012)

saralocke said:


> My partner and I are planning to get engaged soon, and I would like to be married in the UK. Would my partner have to apply for a fiance visa to come to England to marry me?


You only need the (expensive) Fiancée visa if your partner wants to stay in the UK after the wedding and apply for a UK spouse visa in-country.

As you do not plan to settle in the UK with your partner, they only need the much cheaper 'Marriage Visitor Visa' (NOT a tourist visa, getting married on the visa waiver is a colossally bad idea!!).

Please also note that you need to give notice at a Home Office designated register offices and that they can extend the 28 day notice period to 70 days where a non-EEA national is involved, so this can be tricky.


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## saralocke (Feb 14, 2018)

I see, so this would still be a complicated route. 

Would it be more advisable (and easier in the long run) to apply for a K1 fiancé visa in the UK and marry in the USA? 

I’ve heard that I would need an interview, vaccinations and to probably be away from my fiancé for a few months. :/


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## twostep (Apr 3, 2008)

Read up on details fiancé and spousal visa on travel.state.gov. It goes into details from soup to nuts. Uscis.gov offers historic and current processing times. Pls note that on K1 you cannot earn income in the US until your Adjustment of Status is approved.

So called spontaneous marriages with Adjustment of Status have been scrutinized closely lately. You will find plenty of information on line. Researching marriage options takes the spontaneous out of the equation.


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## Crawford (Jan 23, 2011)

You have a couple of choices:

- you can get married now while you are in the US - quite legal to marry in the US on the VWP , no visa is required. You can try adjusting status based on spontaneous marriage. However, there is a risk the authorities won't believe you and send you off to the UK so that is something you should consider; the better route would be to get married in the US, and then YOU leave for the UK and apply for the spouse visa. Spouse visa will take approx 10 to 12 months.

- you can marry in the UK. As you don't want to live there your fiance will just apply for a *marriage VISITOR *visa. You then get married in the UK , he leaves and you apply for the spouse visa for the US. Same processing time 10 to 12 months.

US citizen has to sponsor you so currently needs to be earning around USD 21K

https://www.uscis.gov/family/family...pouses-live-united-states-permanent-residents


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## boux2003 (Jun 14, 2018)

On the back of this, my UK partner and myself (US Citizen with Indefinite Leave to Remain in the UK) are due a child this year, if we were to get married and I stayed here whilst the process takes place would that be allowed or would we have to live separately with him here whilst I raise our children in the US?

Am rather confused and sorry to jump on OP's thread.


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## Crawford (Jan 23, 2011)

boux2003 said:


> On the back of this, my UK partner and myself (US Citizen with Indefinite Leave to Remain in the UK) are due a child this year, if we were to get married and I stayed here whilst the process takes place would that be allowed or would we have to live separately with him here whilst I raise our children in the US?
> 
> Am rather confused and sorry to jump on OP's thread.


If the US citizen is in the UK on a legal visa, then the US citizen can sponsor the British spouse for a US visa, and remain in the UK while the process takes place.

The application can be done via the US London Embassy and the process would take about 5 to 6 months (maybe a little less; usually it take about a year if filed in the US)

https://uk.usembassy.gov/embassy-consulates/government-agencies/dhs/uscis/i130filing-html/

The US citizen will need to show they can support the applicant by having financial resources. If no resources, then a joint sponsor needs to be found.


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## twostep (Apr 3, 2008)

boux2003 said:


> On the back of this, my UK partner and myself (US Citizen with Indefinite Leave to Remain in the UK) are due a child this year, if we were to get married and I stayed here whilst the process takes place would that be allowed or would we have to live separately with him here whilst I raise our children in the US?
> 
> Am rather confused and sorry to jump on OP's thread.


Congratulations! Please remember to file birth abroad with the nearest US embassy and request social security card and US passport.
You can file Direct Consular Filing with the London Embassy. See their site and plenty info here. Ask questions if you get stuck.


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## boux2003 (Jun 14, 2018)

Fantastic!! Thank you so much! I will have to do that with my 5 year old as well then in that case.


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## twostep (Apr 3, 2008)

boux2003 said:


> Fantastic!! Thank you so much! I will have to do that with my 5 year old as well then in that case.


https://travel.state.gov/content/travel/en/international-travel/while-abroad/birth-abroad.html


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