Easier to just hire an immigration attorney?

[thaumata]

Hello everyone. I'm a chicagoan who just got engaged to an englishman, and we're trying to get our act together in a hurry so we can plan a wedding, after which I will live in the UK with him.

I am TOTALLY overwhelmed and not even sure of the best places to start getting information. Has anyone here done this recently? Would you say that the paperwork was confusing enough to warrant hiring an attorney? I looked a little bit for immigration attorneys but to be honest, most of them looked pretty shady. I'm organized, persistent and not working at the moment, so I would have time to do it if it's not impossibly hard.

Here are the things that worry me most at the moment, in case you have any advice:

- Is there any reason to have the wedding in the UK over the US? Would it make it easier for him to come to the US with me later (say in ten years) if we had been married there?

- If we marry in Chicago and then apply for a marriage visa, how long does that usually take? Will we have to spend some months apart while waiting for things to go through?

- Is it better to apply for a fiancee visa?

- Is staying in the UK on a tourist visa going to mess any of this up, so long as I don't overstay it? (I have been here about two months now, but am going home in a week and staying for two months. I will probably come back here for three more months in the spring.)

- How long does all this usually take? How much did it cost you?

I have SO many questions about moving here and I'm really glad I found this forum. I'm sure I will have other things to wonder about, like getting my dog his passport (so glad the rules have changed on that since I was last here in 2000) and moving my things (though, I have gotten rid of most of it), but until I get the visa handled, that stuff has to wait, I think.

Thanks in advance for all of your help. I sincerely appreciate it!!

[kaz101]

I can't answer your questions but congratulations on your engagement!

Regards,
Karen

[Bevdeforges]

As far as I can tell, the US is the only country where it is strongly advised for would-be immigrants to hire an immigration attorney.

Where you have the wedding shouldn't be an issue - just make sure that the marriage is duly registered with the "other spouse's" consulate. Usually something the registry takes care of automatically - though if you're married in the US, you may want to check with the UK consulate regarding the procedure. The fact that the states each determine their own marriage laws sometimes allows this kind of thing to fall through the cracks.

You should be able to do your initial research on visas online. The UK Embassies generally have pretty good websites, and I think the UK has an Embassy/Consulate in Chicago that should have its own website. (At least they did when I was living in Chicago.) If not, check the New York City Embassy/Consulate website.

Not all countries have fiancé visas. It may be easier to marry in the US and then apply for and receive a spousal visa there. (The French, for example, will give the spouse of a French national a visa more or less on the spot at the Consulate with proper presentation of the paperwork. Any other sort of visa takes "a few months" to process.)

Good luck with it all. The visa process for almost any country can be complicated and frustrating these days, but in general the Consulates are usually pretty helpful. Start with the website, and then try a brief phone call or two to query the details. (Stick to one or two questions per call - most consulate personnel are notoriously overworked.) And congratulations!

[izzysmum04]

First off, Congratulations on your engagement!

Now on to your questions...

- Is there any reason to have the wedding in the UK over the US? Would it make it easier for him to come to the US with me later (say in ten years) if we had been married there?

There is no reason you can't have your wedding in either country. It won't make a bit of difference when he goes to immigrate to the US with you. We were married by my Dad in the US, and moved over to the UK with no problems. If you marry in the US, make certain you have an official marriage certificate with a raised seal on it. If you intend to marry in the UK you will have to fill out the COA (Certificate of Approval) form before you marry.

- If we marry in Chicago and then apply for a marriage visa, how long does that usually take? Will we have to spend some months apart while waiting for things to go through?

It only took me around 10 days to receive my spousal visa after my hubby and I married, and I mailed mine in to the New York Consulate. There should be no reason you should have to spend months apart.

- Is it better to apply for a fiancee visa?

A fiance visa is valid for 6 months, so you would have to marry within that 6 month time frame. You also will not be allowed to work during that time period. Once married you will then have to shell out even more money for switching to a Spousal visa, which is called FLR (Further Leave to Remain). Once you receive that you will be allowed to work. It all can be pretty costly! It would be less money if you just went ahead and applied for the spousal visa.

- Is staying in the UK on a tourist visa going to mess any of this up, so long as I don't overstay it? (I have been here about two months now, but am going home in a week and staying for two months. I will probably come back here for three more months in the spring.)

No, shouldn't mess up anything, as long as you don't overstay. You, of course, will need to return to the US to apply for either your Fiancee visa or you spousal visa (whichever one you decide to do), as they can't be sent within the UK. You must do it from your home country.

- How long does all this usually take? How much did it cost you?

It took me about 10 days to receive my spousal visa. That's because I mailed mine into the New York Consulate. You live in Chicago, and so it might possibly take you even less because you are so close to a consulate. It cost $395 when I did it, but I believe it costs more now. Just check the consulates website. It should tell you.

Another thing...I would not waste your money on an immigration lawyer. It all is so pretty straight forward and not too complicated at all. Save your money for the wedding! Good luck with everything!

[thaumata]

Ahhhhh... I feel so much better this morning to wake up and read all of this. You guys are awesome. Thanks for taking a load off my mind!!

[Bevdeforges]

Hey, more good news. You can even apply for your visa online - British Embassy in the USA: Consulate websites

Click on Visas and you're all set!

[izzysmum04]

I sent my application in via online. You will still have to mail in all the information they want to "prove" your relationship though. As I said it is all pretty easy, and you really shouldn't have any problem. As long as you give them everything they ask for, you should be good to go!

[Burriana Babs]

If you decide to get married on one of your tourist visits to the UK that is ok also. After married you will then have to file for your right to remain. @First you will receive one for I think about 18 months, which will not allow you to work without a permit, or to be dependant on the government in any way. Then when that time is over you will re-aply for your unlimited right to remain, with no restrictions. I went through it all with no problems and you should not need an immigration attorney. Waste of money, keep it for your own enjoyment.

[izzysmum04]

Unfortunately, as of 2005, you can't get married on a tourist visa any longer. This will explain everything:

Marrying in the UK - Frequently Asked Questions (06/01/06)


From 5 December 2005, if you are subject to immigration control (which US citizens are) and you want to marry or register a civil partnership in the United Kingdom (UK) you will need to follow the procedures below. You must either:

hold a fiancé(e) or visitor - marriage / civil partnership entry clearance (visa), or
hold a Home Office certificate of approval*, or
be settled in the UK (e.g. indefinite leave to remain)

You must also give notice to marry / register a civil partnership to a registrar at one of a number of designated register offices throughout the UK. Below is a brief summary of the rules. This page explains how they apply to you and what you must do.

Am I subject to immigration control?
If you are not an EEA or Swiss national**, and you need permission to enter or remain in the UK, you are subject to immigration control.

You are not considered to be subject to immigration control if you:

are a British citizen
are an EEA or Swiss national**
you have a certificate of entitlement in your passport demonstrating that you have a right of abode in the UK.

There are some other people who are not subject to immigration control because of the work they do.

* The Home Office certificate of approval represents the written permission from the Secretary of State to marry in the United Kingdom. The need for this written permission was introduced in the Asylum and Immigration (Treatment of Claimants) Act 2004.
**An EEA national is a person from any country which is part of the European Union (EU), or from Norway, Liechtenstein or Iceland.

I am overseas. Will I still need a visa if I am only visiting the UK to get married / register a civil partnership?
Yes. You will need to have a visit - marriage or visit - civil partnership visa. Without this, the registrar will not be able to take your notice of marriage / civil partnership. This condition applies even if you are from a country where you would not normally require a visa to come to the UK.

My fiancé(e) / proposed civil partner is also subject to immigration control. Do we both need to have a visa?
Yes. You must both apply for a visa and pay the fee.

What will happen if I am planning to get married / register a civil partnership in the UK, but arrive without a visa?
You may be refused entry to the UK. If you enter the UK as a visitor or for another reason for 6 months or less, you will not be able to apply for a certificate of approval.

My fiancé(e) / proposed civil partner is already in the UK (e.g. as a work permit holder, or a student) and I want to join him / her to get married / register a civil partnership in the UK. What should I do?
If you intend to stay in the UK only as a visitor for no more than six months you should apply for a visit - marriage or visit - civil partners visa. You will then be expected to leave the UK before this period expires.

If you want to stay in the UK as your partner's dependant you will need to enter the UK with a visit - marriage or visit - civil partners visa. After your marriage / civil partnership you must then leave the UK and return home to apply for a visa as a dependant. Please read the guidance notes relevant to your fiancé(e)'s / proposed civil partners stay in the UK for more information.

How much does a visit – marriage / visit - civil partners visa cost?
The fee is the same as for a standard (6 month) visit visa. Currently this is £50, but you must normally pay it the the local currency of the country where you make your application.

How do I apply for a visa?
You should apply to your nearest British mission that offers a visa service. Please note that if this is not in your home country, or where you are normally and legally resident, the decision on your application may not be accepted, or may be delayed.

What do I need to show to get a visit - marriage / visit - civil partners visa?
You must meet the normal requirements of the UK Immigration Rules for entry as a visitor. In addition you must satisfy the entry clearance officer that you intend to, marry / register a civil partnership during your visit to the UK.

I plan to have a church wedding / religious ceremony. Do I need to apply for a visa?
Yes. You will need a visa if you are planning to come as a visitor and get married in the UK, whether you are planning a civil or religious ceremony.

In any marriage involving civil preliminaries, you will have to show your entry clearance to the registrar when you give notice of marriage. Notice must be given at one of a number of designated register offices.

If you plan to get married at an Anglican Church, you must contact a member of the clergy at the church where you plan to get married to make the appropriate arrangements. When you arrive in the UK, you should show the immigration officer evidence that you will marry in an Anglican church.

My fiancé(e) / proposed civil partner and I are both foreign nationals who currently have leave to enter / remain in visa categories other than fiancé(e) / proposed civil partner, or visit - marriage / visit - civil partner. Do we require a certificate of approval for marriage / civil partnership?
Yes. You will both have to make individual applications for certificate of approval for marriage / civil partnership. All foreign nationals who wish to marry / register a civil partnership in the UK who do not have the correct visa to do so, must obtain a certificate of approval. This is the same, whether or not you intend to settle in the United Kingdom after the marriage / civil partnership.

For example: two American nationals with leave to remain as students, who want to get married in the UK, would both need to apply for a certificate of approval in order to give notice to marry in the UK to a registrar. This is the case, even though the marriage would not allow either of them to qualify for settlement in the UK.

How much does it cost to apply for a certificate of approval?
The fee is currently £135 for each person who applies. You should allow 3 months for your application to be decided, but 70% of applications are decided within 3 weeks.

[dhammikaperera555]

I think as a starting point you should browse the UK department of Immigration website where you can find quite a lot of useful information. It will answer most of your questions.

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Dhammika