American Living in UK...engage to Brit partner

[ajus]

Hello...I'm new to this forum. I have been living and working in the Uk for the last 3 yrs. I have been living with my British partners for 2 and half. I want to return to the USA and my partner is willing to sell everything and come live in the USA. Due to my type of visa in the UK...we are not permitted to be married and if we did...we would have to spend 200 pounds for an approval which we have no guarantee of it happening...and if it did...we would have to spend another 340 pounds for another type of visa and another 100 pounds for a marriage ceremony. Seems like a lot of money to me....however, my partner and I are traveling to the USA in April and we plan to get married there and return to the UK....will we be able to get married even though he will be on a tourist visa? Appreciate your help.

[ajus]

Anyone knows of honest and sensible professional in the UK who can help my partner and I fill out all the require documents for US citizen applying for hubby?

[Rachel_Heath]

Hola Ajus!

I'm very surprised that you're not able to be married on the current visa - I've not heard of any type of marriage restriction like this, especially considering you've been a British resident for the last 3 years. What Visa type do you have?

Also I'm unsure as to what you mean by the risk of not getting approval - more so given that in recent years the British Government is even beginning to allow common-law and same sex partners to enter under similar rights.

Regarding your next steps then I think you need to exercise patience (and have plenty of money). The process for obtaining a US permanent residency is exceptionally long, complicated and expensive. It took multiple months to obtain my spousal visa (>9) and involved obtaining my police record, taking medical tests, visiting the US embassy in London and a large chunk of change payable to USA Inc.

Even after that you need to be aware that the Green Card for your partner will have a 2 year temporary status placed upon it and that he will have to apply 3 months before it's expiry to have the temporary status removed - a process that could take another 1 to 2 years.

Depending on your current British Visa status you may be better off getting married in Blighty, getting your Visa extended using form FLR(M) and then have plenty of time for your husband to obtain his Green Card.

The other alternative is for him to enter the US on a fiancé visa but then must get married in a 90 day window. In addition your husband must apply for an Advance Parole if he needs to leave the US for any reason (even for one day) whilst his fiancé visa is being processed and that failure to apply for this could result in his visa being revoked and requiring you to start again. Form I-29F is required to start the process for his fiancé visa ($430) followed by Form I-485 ($1,010 including a biometric fee of $80).

Hope this helps!

[Bevdeforges]

Originally Posted by ajus

Anyone knows of honest and sensible professional in the UK who can help my partner and I fill out all the require documents for US citizen applying for hubby?

I think what you're looking for is an immigration attorney. Honest and sensible are relative terms - expensive, however, is probably the more relevant one here.

It has been a while, but an expat group I used to hang with did a session on how to bring hubby back to the US with you. It's not easy - you need police reports from everywhere he has lived in his life, plus you (the US citizen) have to provide "proof" that you are planning on returning whether or not he is admitted. (In the form of a job and/or a place to live already lined up.) If you've got any American expat groups (clubs or associations) in your area, get in touch with them. They may be able to help.

The application itself isn't cheap, and I'm told an immigration attorney adds a good $1000 or so (say, £500 these days).

Getting married on a tourist visa is probably do-able, though remember that there are residency requirements for getting a marriage license in the US. (Hence the popularity of Las Vegas weddings. But be advised that Las Vegas weddings aren't considered valid in all countries - I know they aren't recognized in France.)

The local town hall where you get the license will notify the British consulate of the marriage, which could backfire on your return to the UK if there are the sorts of restrictions on your visa that you mention.

I think Rachel's advice is probably the best. There just doesn't seem to be a way to avoid some heavy expense these days.
Cheers,
Bev

[Rachel_Heath]

After everything I went through to get my green card on hindsight I still feel it was better to do the processing in the UK for the following reasons:

1. The need to obtain your police report,
2. Easier to get to the US embassy in London than it would be to appear in person at a congruous location in the US,
3. Lack of the 90 day window,
4. Limited travel restrictions and
5. Guarantee of recognition of marriage on both sides of the pond when the process is complete.

Whilst the cost may be marginally more expensive by doing the English marriage visa first followed by the American side, I think when it comes down to it the benefits outweigh the possible $200 saving .

[synthia]

Over the years I have met a lot of couples who have made the mistake you are about to make, getting married without going through the fiance visa. Although logic would dictate that once you are married it would be easier to get your new husband into the US, that isn't the way it works. It takes much longer.

However, if he gets a fiance visa, he can stay in the US, and even apply to be able to work. You must get married within a certain time period, and then start the green card process.

A fiance visa will be easier to get.

I think some of this comes from having people marry abroad without the spouse ever having been to the US or lived there. With a fiance visa at least the immigrant has a chance to realize what they are moving into. Many people in developing countries, for instance, think that all Americans are rich and live in big houses with many servants. Many American spouses don't realize how difficult all the adjustment will be. With a fiance visa, both parties have had exposure to their new situation.

After all, if a marriage does't work out with a foreign national, there is a lot of paperwork involved, and some of it probably involves immigration personnel.

[Bevdeforges]

One caveat on the fiancé visa: You will have to move back to the US for some period of time to establish residence there before you can serve as "petitioner" for your fiancé to come join you. And the period of time you have after his arrival to get married is relatively short - something like six months, I think.

It doesn't sound like it's any less expensive to get married in the UK (even if you have to seek "permission" and re-apply for a different category of visa).
Cheers,
Bev

[synthia]

Perhaps it is mainly that I meet people who have married citizens of developing countries, but most tell me it takes two years or more to get residency for their spouses after they have married. And they all say the fiance visa would have been so much easier.