# HELP- Im a Yank domocile in UK, marrying a Brit, then both of us moving back to USA



## Kupo (May 11, 2011)

Hi!!! OK, any help on this mighty confusing scenario will really help me out. Sorry if this is long winded but its really complicated.

Basically I am American, living in the UK since 97. I have my ILR stamp and was married and now divorced. I have been with my current fiancee now for 8 years and we intended to marry in 2012 and then in 3-5 years when his boss retires we were going to emmigrate back to the US with the money we have from selling our house here (plus some more money). That was the plan anyway-

As of last week my fiancee has received notice from his boss that he is retiring in 7 WEEKS! and will be redundant as of June 17th. He is a joiner and has been for 25 years. With this news we have decided to sell up now, get hitched straight away and move to rented accomadation while we apply for VISAs and stuff to move to Amerca while he is still young enough to be employed etc...

My questions are this- 1.- we are going to America in June to visit my parents. The option to marry in America is there. Is there a difference in getting married in America or the UK? Does it matter? I know I need to fill out the forms for visas and stuff, but not sure if it makes a difference which country we marry in.

2. which Visa should we apply for? I am living inthe UK remember. I have read the I-130 maybe? My parents are going to sponser him, as well as try to set up work oppurtunities. For instance, we will meet with the local builders they know and see if they would be willing to employ him if we moved over etc.. 

3. We are going to be going over with a pretty big wad of money so will be buying a house cash, and have a lot left over to live on (property is so cheap in upstate NY!!) I also have an online business, so will be able to set back up pretty quickly when over there to earn money. Money is not a problem when going there, so will this help his case at all?

He has no criminal record and no communicable diseases. We will move over and live with my parents while searching to buy. Should we buy 1st before approved VISAs? Would that help? (sorry if that sounds really stupid hahaha)

4. How long in general do the VISAs take to come through. Just curious, as we will be renting and dont want to eat too much onto our America Fund while waiting for the VISAs. 

Thanks for ANY info anyone can help me with, as I feel overwhelmed with what to do 1st. thanks xxxx


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## Fatbrit (May 8, 2008)

Kupo said:


> Hi!!! OK, any help on this mighty confusing scenario will really help me out. Sorry if this is long winded but its really complicated.
> 
> Basically I am American, living in the UK since 97. I have my ILR stamp and was married and now divorced. I have been with my current fiancee now for 8 years and we intended to marry in 2012 and then in 3-5 years when his boss retires we were going to emmigrate back to the US with the money we have from selling our house here (plus some more money). That was the plan anyway-
> 
> ...


Conundrum!

Firstly, you should seriously consider naturalising as a UK citizen BEFORE you leave.

That's you taken care of, now him! Firstly, separate the marriage from the immigration stuff. He can marry you in the US if he enters as a tourist -- that's just fine. However, he should not enter the US as a tourist with the intent of remaining -- though many do! He can also marry you in the UK or anywhere else you're both qualified to so do.

One of the issues you've missed is that US immigration is slow. If you were to marry while he was in the US and you then returned to the UK, it would take around six months or so from you filing the initial papers to him receiving an immigrant visa (CR1 via consular filing). On entry to the US, this makes him a permenant resident, similar to your ILR in the UK.

If you want to marry him after he's emigrated, you're looking at a different visas, the K1, which will take a little longer.

It's all very confusing, I know. And you'll need to study hard and research over several days to pick up the basic ideas. But one thing I can say for certain is that US immigration matters never look after themselves. If you want your change of residence to be successful and not bite you, you have to bring the visa journey to the forefront and be proactive with it until he reaches the end of the immigration road with US naturalisation.


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## Kupo (May 11, 2011)

Fatbrit said:


> Conundrum!
> 
> Firstly, you should seriously consider naturalising as a UK citizen BEFORE you leave.
> 
> ...


Hi! Thanks for the quick reply!!!! OK, 6 months is actually good timing. I was thinking 9-12 months for the visa. Our house has just gone on the market and isnt sold yet, so that would be a ****** if I got the VISA before selling the house! Our plan is to remain in the UK while awaiting the visa approval if that helps. We are due to go to visit family in June with no mention of marriage to customs. If we do marry in USA, we would be back in the UK on July 7th anyway. Deffo will be applying for visas in the UK and staying here until he gets the ok. It seems this is quicker yes? I was reading the I-130 and you mention the CR1? 
Is there any particular reason you mentioning me becoming naturalised UK? Seems a bit of a waste of money at this point, and I do not see the benefit, as I never have probablems travelling on my ILR stamp. Do you reckon when we finally get to USA to keep on going until he is naturalised? sorry for all the questions!


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## Fatbrit (May 8, 2008)

Kupo said:


> Hi! Thanks for the quick reply!!!! OK, 6 months is actually good timing. I was thinking 9-12 months for the visa. Our house has just gone on the market and isnt sold yet, so that would be a ****** if I got the VISA before selling the house! Our plan is to remain in the UK while awaiting the visa approval if that helps. We are due to go to visit family in June with no mention of marriage to customs. If we do marry in USA, we would be back in the UK on July 7th anyway. Deffo will be applying for visas in the UK and staying here until he gets the ok. It seems this is quicker yes? I was reading the I-130 and you mention the CR1?
> Is there any particular reason you mentioning me becoming naturalised UK? Seems a bit of a waste of money at this point, and I do not see the benefit, as I never have probablems travelling on my ILR stamp. Do you reckon when we finally get to USA to keep on going until he is naturalised? sorry for all the questions!


There's no great issue on marrying in the US on a VWP entry provided he intends to return home afterwards. Whilst you should certainly not volunteer the information to CBP, if they ask it's perfectly acceptable to explain that you are marrying in the US and will then be returning home to the UK to sort out the IV and close up your affairs. Wedding paraphernalia in your luggage together with a denial will lead to great suspicion! Just be open if they ask -- it's permitted. You will both sound convincing if you know the procedure and can explain your steps....if it comes to that.

The fact that you hold ILR should shave 3 months or so off the usual 9-10 month wait for an IV since you can submit the I-130 to the USCIS office (IVU) in the London Embassy rather than back in the US. See here: Immigrant Visas | Embassy of the United States London, UK 

The I-130 is the form that starts the ball rolling -- the petition by a USC for an immediate relative. The final outcome for him will be a CR1 immigrant visa.

You should become a UK citizen because, after living there all that time, you have strong ties to the UK. If you decide to go back, you won't need to go through all the immigration rigmarole again. And it's amazing how many people move and change their mind again -- you'll not know until it's too late. Dual US/UK citizenship is perfectly okay -- I'm one myself.


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## Kupo (May 11, 2011)

Hi, POWER-THANK-YOU for all of your help!!! This is a start! Not sure for definate if we are marrying in America, but probably will on our visit. I will heed your advice on that  

Regarding the UK citizenship, I totally know what you mean, and already planned on that one. My ILR is valid for 2 years out of country, so as long as I come back to the UK within 2 years, it will be valid. I plan on coming back to visit every year to see his family as well as our friends. I always keep my options open :thumb: ya never know the future!!! Thanks again for all of your help xxx


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## Fatbrit (May 8, 2008)

Kupo said:


> Hi, POWER-THANK-YOU for all of your help!!! This is a start! Not sure for definate if we are marrying in America, but probably will on our visit. I will heed your advice on that
> 
> Regarding the UK citizenship, I totally know what you mean, and already planned on that one. My ILR is valid for 2 years out of country, so as long as I come back to the UK within 2 years, it will be valid. I plan on coming back to visit every year to see his family as well as our friends. I always keep my options open :thumb: ya never know the future!!! Thanks again for all of your help xxx


Not much idea about UK ILR. But when he becomes a US permenant resident (aka Green Card holder), his travel outside the US is restricted if he wishes to maintain that status. More than 6 months away and it's getting dodgy, leave it 12 and it's getting highly dodgy. Easier just to naturalise and be done with it after he's served his 3 years.

Ask away about your other questions when you're ready. As I said in the first post, it's such a minefield that it takes a few days of studying for even the basics to sink in.


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## bristolbrett (Oct 30, 2010)

Kupo said:


> Hi, POWER-THANK-YOU for all of your help!!! This is a start! Not sure for definate if we are marrying in America, but probably will on our visit. I will heed your advice on that
> 
> Regarding the UK citizenship, I totally know what you mean, and already planned on that one. My ILR is valid for 2 years out of country, so as long as I come back to the UK within 2 years, it will be valid. I plan on coming back to visit every year to see his family as well as our friends. I always keep my options open :thumb: ya never know the future!!! Thanks again for all of your help xxx


From my experience it is easier marrying in the US than the UK because you need to jump through fewer hoops and it can happen a lot quicker. In the UK you will need to 'post your banns' (about 5 weeks beforehand I think but someone may correct my memory of this) and provide certificates of no impediment etc. In NY state the US citizen uses the usual ID docs and the non-US one only needed their passport as proof of ID for the marriage licence and 24 hours later we could get married. You will need to check the local licence office for what you need and to see the timeframe between applying for the licence and being able to pick it up. We did it online from the UK - IIRC it can't be more than 21 days in advance. 

Also, if you marry in the UK I suspect you will need to get a 'Hague Apostille' on your marriage certificate to verify it for official purposes outside of the UK. Whilst this is not difficult it all costs money. If you have a US marriage certificate then I can't see how you would need this for US immigration. 

Good luck with all the planning and the new life in the US


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## Kupo (May 11, 2011)

bristolbrett said:


> From my experience it is easier marrying in the US than the UK because you need to jump through fewer hoops and it can happen a lot quicker. In the UK you will need to 'post your banns' (about 5 weeks beforehand I think but someone may correct my memory of this) and provide certificates of no impediment etc. In NY state the US citizen uses the usual ID docs and the non-US one only needed their passport as proof of ID for the marriage licence and 24 hours later we could get married. You will need to check the local licence office for what you need and to see the timeframe between applying for the licence and being able to pick it up. We did it online from the UK - IIRC it can't be more than 21 days in advance.
> 
> Also, if you marry in the UK I suspect you will need to get a 'Hague Apostille' on your marriage certificate to verify it for official purposes outside of the UK. Whilst this is not difficult it all costs money. If you have a US marriage certificate then I can't see how you would need this for US immigration.
> 
> Good luck with all the planning and the new life in the US


Hi!! Thanks for this advice!!!! Funny enough we are actually going to NY state and would be getting married there. We have talked about it over the past week and have decided to go for marrying in NY on our visit coming at the end of June, as my parents and 86 yr old grandmother will be able to see me wed, since coming over to England on such short notice wont be possible. We originally were going to marry in 2012 before all of this redundancy stuff happened and have the wedding in England, but now we are swayed to elope in America (coming back to the UK though after, and then arranging VISAs from UK) You have sealed the deal for me on this one. Thanks billions for your advice


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## LondonSquirrel (May 19, 2011)

Kupo said:


> Regarding the UK citizenship, I totally know what you mean, and already planned on that one. My ILR is valid for 2 years out of country, so as long as I come back to the UK within 2 years, it will be valid. I plan on coming back to visit every year to see his family as well as our friends. I always keep my options open :thumb: ya never know the future!!! Thanks again for all of your help xxx


ILR doesn't work like that. You are not supposed to live outside the UK for more than 2 years. Coming back for holidays doesn't re-start the 2 year clock. If you live in the US for say, 3 years, then decide to move back to the UK but don't get a new spouse visa, the UK immigration people are likely to question you closely and may decide to cancel your ILR and admit you as a visitor only, or even send you back to the US on the next plane. Obtaining UK citizenship is the only way you are guaranteed never to have to go through the UK immigration process again.


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## LondonSquirrel (May 19, 2011)

bristolbrett said:


> From my experience it is easier marrying in the US than the UK because you need to jump through fewer hoops and it can happen a lot quicker. In the UK you will need to 'post your banns' (about 5 weeks beforehand I think but someone may correct my memory of this) and provide certificates of no impediment etc. In NY state the US citizen uses the usual ID docs and the non-US one only needed their passport as proof of ID for the marriage licence and 24 hours later we could get married. You will need to check the local licence office for what you need and to see the timeframe between applying for the licence and being able to pick it up. We did it online from the UK - IIRC it can't be more than 21 days in advance.
> 
> Also, if you marry in the UK I suspect you will need to get a 'Hague Apostille' on your marriage certificate to verify it for official purposes outside of the UK. Whilst this is not difficult it all costs money. If you have a US marriage certificate then I can't see how you would need this for US immigration.
> 
> Good luck with all the planning and the new life in the US


The timeframe to marry in the UK is 22 days. 21 days notice and marry on the 22nd day at the earliest. The Banns are only for those marrying in a Church of England ceremony. Civil ceremonies are not subject to banns and they do not ask for a certificate of no impediment. It's also not true about a Hague Apostille. The UK marriage certificate is good for almost any country accept those with a different official language, where a translation would be needed (obviously doesn't apply in the US). Also in the UK you get the marriage certificate there and then at the ceremony, you don't have to wait for it like in the US, so that speeds things up.


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## Kupo (May 11, 2011)

LondonSquirrel said:


> ILR doesn't work like that. You are not supposed to live outside the UK for more than 2 years. Coming back for holidays doesn't re-start the 2 year clock. If you live in the US for say, 3 years, then decide to move back to the UK but don't get a new spouse visa, the UK immigration people are likely to question you closely and may decide to cancel your ILR and admit you as a visitor only, or even send you back to the US on the next plane. Obtaining UK citizenship is the only way you are guaranteed never to have to go through the UK immigration process again.


aaaaahhhhhh, I got ya.. ok, yeah- I thought that I had to come into the UK before 2 years, whether for a holiday or visit or whatever, as long as it was within the 2 year period... We would be coming back to visit family and friends every year, but this would look dodgy as to me not LIVING here... I should probably get the naturalisation thingy. I know that once we make the leap to America, we wont be coming back for many resaons, the main one being, we cant afford it. I can get an old Victorian farmhouse on 88 acres out in upstate NY where my mum lives for $250,000, which is like £156,000. Here, I can get a 3 bedroom terraced house in Nottingham for that in the city with no garden.. the standard of living is so much more costly here, I cant imagining being able to afford to come back once we move over, or wanting to give up the dream lifestyle of living in an old vintage property on acres of land in the mountains, to come back to Blighty to live in the city in a terraced house because its so expensive (not to mention the shipping freight costs) BUT- like everyone says, ya never know!!! I will look into this. Do you reckon it will look bad if I apply for his VISA here while I am in the process of trying to get naturalised? We do not want to delay his visa application. Thanks for your advice


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## LondonSquirrel (May 19, 2011)

Kupo said:


> aaaaahhhhhh, I got ya.. ok, yeah- I thought that I had to come into the UK before 2 years, whether for a holiday or visit or whatever, as long as it was within the 2 year period... We would be coming back to visit family and friends every year, but this would look dodgy as to me not LIVING here... I should probably get the naturalisation thingy. I know that once we make the leap to America, we wont be coming back for many resaons, the main one being, we cant afford it. I can get an old Victorian farmhouse on 88 acres out in upstate NY where my mum lives for $250,000, which is like £156,000. Here, I can get a 3 bedroom terraced house in Nottingham for that in the city with no garden.. the standard of living is so much more costly here, I cant imagining being able to afford to come back once we move over, or wanting to give up the dream lifestyle of living in an old vintage property on acres of land in the mountains, to come back to Blighty to live in the city in a terraced house because its so expensive (not to mention the shipping freight costs) BUT- like everyone says, ya never know!!! I will look into this. Do you reckon it will look bad if I apply for his VISA here while I am in the process of trying to get naturalised? We do not want to delay his visa application. Thanks for your advice


Well, you need 3 years of living in the UK and to have ILRv to naturalise, but I don't see why you couldn't apply for his US visa at the same time as applying for you to naturalise. You could use the service some local councils provide where they take the details of your passport so you don't need to send it off for the naturalisation application.


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## Kupo (May 11, 2011)

LondonSquirrel said:


> Well, you need 3 years of living in the UK and to have ILRv to naturalise, but I don't see why you couldn't apply for his US visa at the same time as applying for you to naturalise. You could use the service some local councils provide where they take the details of your passport so you don't need to send it off for the naturalisation application.


I have received my ILR stamp in 2000 I think (at the latest) and my 1st stamp was in 1999, so yeah, 2000 I got that. I am going to deffo look into this. Thank-you so much for your advice once again. Funny thing, I actually dreamed this morning that I was talking to someone about how I should probably go and get naturalised even though once I move back to America there will be a 99.99999% chance I will stay there, but in my dream I felt unsettled, and thought I should do this before I go. Then this morning I received your email, so this is uncanny. lol!!Righty-ho! I will get on this. Thanks again, big hugs  xxx


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