European marrying US citizen in the US?

szymanski · #1 (**permalink**) 25th June 2012, 10:52 AM

Hi Guys,

Would someone please help me understand the process of getting married in the US?

To explain, we've know each other for about 5 years now, we met a few years ago in university in England, my other half is form the US - I am a Polish citizen by birth, but live in the UK. Both countries in the EU.

We're looking to get married in the US, as she refuses to live in the UK. Unfortunately, i have a great job here in the UK, so if we got married towards the end of the summer, I'd have to come back here for about 6 months to a year to tie things up. We've been doing long distnace pretty much since meeting, so that's not really an issue anymore.

I would like to please ask what the legalities are of this procedure? (im still secretly hoping she'll move to Europe). If we do decide to start our family in the US, should I apply for residency straight after getting married? I will have to reutrn to London either way, so does my time in the UK not count for being together? or is it better to convince her leave the US? But then a few years down the road if we moved to the US, would i legally be able to live with her?

Crawford · #2 (**permalink**) 26th June 2012, 12:28 AM

Quote:

Originally Posted by szymanski

Hi Guys,

Would someone please help me understand the process of getting married in the US?

To explain, we've know each other for about 5 years now, we met a few years ago in university in England, my other half is form the US - I am a Polish citizen by birth, but live in the UK. Both countries in the EU.

We're looking to get married in the US, as she refuses to live in the UK. Unfortunately, i have a great job here in the UK, so if we got married towards the end of the summer, I'd have to come back here for about 6 months to a year to tie things up. We've been doing long distnace pretty much since meeting, so that's not really an issue anymore.

I would like to please ask what the legalities are of this procedure? (im still secretly hoping she'll move to Europe). If we do decide to start our family in the US, should I apply for residency straight after getting married? I will have to reutrn to London either way, so does my time in the UK not count for being together? or is it better to convince her leave the US? But then a few years down the road if we moved to the US, would i legally be able to live with her?

Since after the marriage you intend to come back to the UK and your wife remains in the US, one way you could do this is for you to fly to the US, on the VWP, get married and for you then to leave the US back to the UK.

It is perfectly legal for you to marry in the US on the VWP as long as you have no intent to stay there after the marriage and you leave when you say you are going to leave.

Then, during the time that you are in the UK she applies for a spouse visa for you. This will take about 6 to 8 months for completion. It will be valid for 6 months from time it is issued to that should give you time to clear up your business in the UK.

During this interim time you will be able to visit her on the VWP.

Start here:

http://www.uscis.gov/portal/site/usc...00082ca60aRCRD

Bevdeforges · #3 (**permalink**) 26th June 2012, 06:54 AM

Just to add a comment to Crawford's post - while it is perfectly ok to enter the US and get married while on a VWP, you want to be sure to have "proof" with you at entry that you're not planning on overstaying your VWP. You may never need to show it, but if you're asked, you should have a return ticket, some proof of the need to return to your job in the UK (say, a letter from your employer granting you a limited holiday for your marriage and indicating the date you are expected back on the job), proof of residence in the UK, etc.
Cheers,
Bev

szymanski · #4 (**permalink**) 26th June 2012, 08:17 AM

Hi that's great help, thanks guys. I just wanted to also ask about actual residency or citizenship etc. When I do move to the US after closing everything up here, I obviously want to be there perfectly legally. It just seems (from word of mouth) that that's quite hard? Should I apply for residency on the trip of getting married prior to returning to england to close things up? What's the best way to line everything up and organize it best to start living normally with my other half? thanks guys!

Bevdeforges · #5 (**permalink**) 26th June 2012, 09:36 AM

It's your American wife who has to start the process for getting you a spouse visa. You can't really do much of anything until her petition to sponsor you is accepted.
Cheers,
Bev

szymanski · #6 (**permalink**) 26th June 2012, 11:00 AM

Quote:

Originally Posted by Bevdeforges

It's your American wife who has to start the process for getting you a spouse visa. You can't really do much of anything until her petition to sponsor you is accepted.
Cheers,
Bev

awesome thanks Bev. So if I understand this correctly, i can go over there 'now', we get married, then she applies for the visa + my residency, I move over next summer and we live happily ever after?

twostep · #7 (**permalink**) 26th June 2012, 11:55 AM

Bev
As far as I can tell Poland has not yet been added to VWP eligible countries. OP as Polish citizen needs B2 to visit the US.

Szymanski
Please get used to the appropriate terms. It will make it easier for you. The visa your spouse will apply for is K1 which (hopefully!) will be approved and you will receive a Green Card. This allows you to live and work in the US and comes with rights and obligations. The initial Green Card has a limited life span and has to be renewed. As Green Card holder you are a resident alien. After three years you can apply for US citizenship. This is the rough version.

Here is all the fine print you and your fiance should familiarize yourselves with prior to dealing with US immigration. It spells it out from Green Card through Family to fee schedules.

USCIS - Green Card

Bevdeforges · #8 (**permalink**) 26th June 2012, 12:43 PM

Shoot, my bad! I just assumed all the EU countries were covered under the VWP.

Probably also should mention that the American spouse applies as sponsor - and when that is accepted, the OP will need to do an interview with the US consulate in London. Nothing in this process is automatic.
Cheers,
Bev

Sage · #9 (**permalink**) 26th June 2012, 05:19 PM

Just a query about the interview at US consulate office for visa - what are ground given for refusal? are there specific things that will cause a refusal or is it decided on an individual basis?? Not that I have anything to worry about - I don't think, just curious and not seen this commented on.

twostep · #10 (**permalink**) 26th June 2012, 05:31 PM

Quote:

Originally Posted by Sage

Just a query about the interview at US consulate office for visa - what are ground given for refusal? are there specific things that will cause a refusal or is it decided on an individual basis?? Not that I have anything to worry about - I don't think, just curious and not seen this commented on.

Have your documentation in order, be on time and be yourself!!!