UK or USA visa to live for UK USA couple? Which is better?

[Nickwdw]

Hello Expats

I have been reading many threads on this forum, to try and get an idea about which route is best for me and my fiancee. However I decided that the only way I will know is if I create a thread and ask for advise, as I realize my situation may be differ from others. I will try to keep this short and sweet .

I am British (25 years old) and I met my fiancee (also 25) who is American while working at Disney World in Orlando Florida. I have worked three times in America and have visited there all my life. The last time I worked there I planned to marry and stay while on a J-1 visa however for reasons I wont go into I didn't want to get married in an office in order to stay (which was the advice of an immigration lawyer).

Needless to say I am back in the UK and I'm trying to plan a wedding, but I have come on here to ask your opinions on which option is the best and how to go about it.

My fiancee wants to come to England after were married and live her for two years as we were advised if we want to marry and stay in USA you have to pay $6000 up front for lawyer fees and visa fees. Whereas in the UK she wouldn't have to pay anything as far as I know?

I personally do not wish to remain in the UK as I feel it will be very difficult for her as an American to get a job in the UK and I prefer the American lifestyle. However if it is easier for her to be here first then I will do it as i don't hate the UK it is my home after all just need to work out which option is the best for us.

We are currently trying to work out where to have the wedding and where to have the blessing as from what we understand if she wants to live her first then we should get married here, but if I want to live there then we should marry in the USA? Or does it not matter?


If we decide to have her come to live in the UK first what visa and process do we have to go through? What are the cost involved if any? What is the time scale from marriage to living and working in the UK? Is it worth applying for UK visa if we wish to live in the USA in the long term?

On the flip side if we wish upon your or other people advise to marry in USA then do we have to marry there to live there? Do i need to go on a work visa there again and then marry? Do I apply for a fiancee visa in that situation?


I apologize for all the questions, but it's hard to make decisions on what path to take when you don't have information at hand to help you choose. If someone on here could get back to me and answer my questions I would be most grateful as then I would have some idea on options. The sooner I know which country to get married in the sooner we can plan as a couple our dream wedding and then make plans for living and working in either the UK or USA.

Thank you for taking the time to read or answer my questions.

[2farapart]

A lot of decisions to make!

I can't give you any info about moving to the USA, costs involved etc (you could ask a similar question in the USA forum here too: America Expat Forum for Expats Living in America - Expat Forum For Expats, For Moving Overseas And For Jobs Abroad), but where you marry bears no relation to your choice of where you ultimately live. You can marry in the US under the visa-waiver scheme I believe, or your fiancée could marry you in the UK on a Marriage Visitor visa (fairly cheap) and then return to the US. So for now, that can be set aside. It does mean that you can't yet live together because that will involve some settlement visas...

My personal view is that, if you ultimately plan to move to the US, you could save yourself an enormous amount of visa fees and just wait until you can be in the US permanently (taking advice from the USA forum of course). If you plan for your fiancée to move here, marry you and stay in the UK for a couple of years, you're looking at three separate visas each costing in the region of £800 to £1400 before you move to the US, and then have to pay US visas on top. You will also need to demonstrate that you have somewhere to live, and that you earn at least £18,600 a year (or have a rather large amount of savings in your account). My understanding (though I might be wrong) is that the US does not have such hefty constraints and if that's the case, you might want to save your cash and aim for moving to the US.

[mehemlynn]

Originally Posted by Nickwdw

Hello Expats

I have been reading many threads on this forum, to try and get an idea about which route is best for me and my fiancee. However I decided that the only way I will know is if I create a thread and ask for advise, as I realize my situation may be differ from others. I will try to keep this short and sweet .

I am British (25 years old) and I met my fiancee (also 25) who is American while working at Disney World in Orlando Florida. I have worked three times in America and have visited there all my life. The last time I worked there I planned to marry and stay while on a J-1 visa however for reasons I wont go into I didn't want to get married in an office in order to stay (which was the advice of an immigration lawyer).

Needless to say I am back in the UK and I'm trying to plan a wedding, but I have come on here to ask your opinions on which option is the best and how to go about it.

My fiancee wants to come to England after were married and live her for two years as we were advised if we want to marry and stay in USA you have to pay $6000 up front for lawyer fees and visa fees. Whereas in the UK she wouldn't have to pay anything as far as I know?

I personally do not wish to remain in the UK as I feel it will be very difficult for her as an American to get a job in the UK and I prefer the American lifestyle. However if it is easier for her to be here first then I will do it as i don't hate the UK it is my home after all just need to work out which option is the best for us.

We are currently trying to work out where to have the wedding and where to have the blessing as from what we understand if she wants to live her first then we should get married here, but if I want to live there then we should marry in the USA? Or does it not matter?


If we decide to have her come to live in the UK first what visa and process do we have to go through? What are the cost involved if any? What is the time scale from marriage to living and working in the UK? Is it worth applying for UK visa if we wish to live in the USA in the long term?

On the flip side if we wish upon your or other people advise to marry in USA then do we have to marry there to live there? Do i need to go on a work visa there again and then marry? Do I apply for a fiancee visa in that situation?


I apologize for all the questions, but it's hard to make decisions on what path to take when you don't have information at hand to help you choose. If someone on here could get back to me and answer my questions I would be most grateful as then I would have some idea on options. The sooner I know which country to get married in the sooner we can plan as a couple our dream wedding and then make plans for living and working in either the UK or USA.

Thank you for taking the time to read or answer my questions.

This is really a decision for you and your fiancée. In both countries you have to pay visa costs, prove the sponsor's income is over a minimum level, and that you are planning to live there. It is expensive to do the process twice, although people do. We moved to the US, but over time my husband is unhappy here. You don't have to have a lawyer going either way, maybe you would want one if either of you had previous visa issues. Both countries have fiancé visas for someone who is going to marry, then stay and apply for a spouse visa. Good luck in your decisions.

M

[Nickwdw]

Thank you both for you response, So am I right in saying there is no upfront cost for her to come and live and work her? Only the constraints of saying i earn x amount and have somewhere for us to live etc. As I know USA is around $6000 if you want to get a greencard. At least we can plan a wedding where we want

[mehemlynn]

Originally Posted by Nickwdw

Thank you both for you response, So am I right in saying there is no upfront cost for her to come and live and work her? Only the constraints of saying i earn x amount and have somewhere for us to live etc. As I know USA is around $6000 if you want to get a greencard. At least we can plan a wedding where we want

No, either way you are going to need a visa for the other person, and either way it is going to cost a lot, 2farapart listed the cost of the visas to the UK. If she is applying as a spouse it is that amount once, if it is as a fiancée it is twice, once for the fiancé visa and once for the spouse visa. She cannot work on a fiancée visa.

M

[nyclon]

Originally Posted by Nickwdw

Thank you both for you response, So am I right in saying there is no upfront cost for her to come and live and work her? Only the constraints of saying i earn x amount and have somewhere for us to live etc. As I know USA is around $6000 if you want to get a greencard. At least we can plan a wedding where we want

No, you're not right. If she comes here to marry you she 1st needs to pay for a fiancé visa. The fiancé visa is valid for 6 months during which time she cannot work. You must marry within 6 months after which she must apply for and pay for further leave to remain. Check the UKBA website.

[Crawford]

Start here for costs and visa requirements if you decide to get married and live in the UK:

UK Border Agency | Partners and families

Start here for costs and visa requirements if you decide to get married and live in the US:

USCIS - Family of U.S. Citizens

Either way you go there are upfront costs, and the spouse of the country you are going to has to prove a minimum level of income to support the incoming spouse.

Maybe you should consider first which of you has the better job/career in the respective countries, since having no jobs in either country will probably mean no move either way.

[Joppa]

Nickwdw

You have received some excellent advice on your options.
To give a balanced, objective pros and cons of settling as a couple either in US or UK requires a level of knowledge on both countries with reference to immigration that few of us have. I know enough about UK rules and have an overview of US requirements (though not extensive), so here is my take on your situation.

As stated, you need to meet visa requirements for either US or UK, whichever country you wish to settle in. Generally speaking, in spite of recent visa changes in UK, for most couples it will still be easier to settle in UK than US. While the visa cost itself is reasonable, US requires a lot more hoops to jump through to obtain a relevant immigrant or non-immigrant visa for a fiancé (marriage in US) or spouse (marriage in UK). The process will take about 10 months to a year (partly because of backlog), and involves a medical and personal interview at US embassy in London, as your fiancée/spouse has to file a petition in US called I-130 and you make a visa application online. See Immigrant Visa for a Spouse of a U.S. Citizen (IR1 or CR1)
For a fiancé, see Nonimmigrant Visa for a Fiancé(e) (K-1)

US forum has plenty of real life experiences of those who have gone through the process. Many find it a time-consuming, arduous process, though the financial requirement is lower than for migration to UK. You don't need to apply through a lawyer, but you must ensure you follow each step and meet all documentray and other requirements to the letter. Any non-compliance usually means rejection and forfeiture of fees paid and makes re-application more difficult.

As stated, settling in UK will involve fewer hoops, but what is absolutely required is you can meet the financial requirement for minimum maintenance of £18,600 a year gross. As you are already in UK, you must have an established income at least equal to it. For most it will be through employment, but you can combine it with self-employment, other incomes like rental and investment, and savings, provided you meet certain rules. If you aren't currently in work, then you have to get a job and stay in it for at least 6 months before settlement visa application can be made. Initial visa will be for 33 months, and after 30 months she can apply for another leave and finally apply for settlement after 5 years in UK. Her initial visa will be long enough for her proposed stay of 2 years.

As others have said, marriage (wedding) itself is a fairly simple matter (visa-waiver for you in US, or marriage visitor visa for your fiancée in UK) but it's living together afterwards that's the complicated part. While the wedding venue isn't important, if you intend to stay on and live in either country, the non-citizen must have a relevant visa obtained in advance. If not, there is a chance you will be stopped at the border and sent back.