Expat Forum For People Moving Overseas And Living Abroad banner

Status
Not open for further replies.
1 - 5 of 5 Posts

·
Registered
Joined
·
5 Posts
Discussion Starter · #1 ·
Hello,

I am trying to get a better understanding of which process is better/more promising and hoped to get some insight from anyone who's been through it and/or knows from friends/family that have been through it.

Our situation in an attempted nutshell:
I'm a US citizen, and my fiance is a UK citizen. We met a couple years ago while I was a grad student in the UK. We have since discussed getting married in the US, because my home state is no-nonsense when it comes to allowing people to get married and we have a little one on the way. I know in the UK there is the 30 day reading of the bans requirement which can be even longer when one person is from outside the EEA, and we don't want to waste the time for fossilized statues. However, just being able to be together when the baby comes is our number one priority when it comes down to it. That being said, we are trying to determine if it makes more sense to get married in the US or in the UK, which obviously means different things for the visa application and the proof required upon submission. Because we aren't already married, we don't really have proof of living together to show. We've spent a lot of time together on back and forth trips. He was even in the US for 90 days this year, but no joint bills, etc. to show for it.

Another unfortunate hitch is that my fiance is STILL waiting on his divorce to be finalized. Anyone going through a divorce now in the UK understands the pain of this long process. (It's an uncontested divorce, filed last fall, and all the info they depart is that it's processing while they lament how backlogged they are.) Between this time lag, plus another 6 weeks after the nisi, for the absolute, plus the now 60 days processing times for visas (which I imagine is only going to be getting longer), it has us butting uncomfortably close to the time baby is due (plus flying when so close to a due date is foolish).

ANY insight on this crazy scenario would be greatly appreciated!!
 

·
Registered
Joined
·
39,103 Posts
Getting married in US will be both simpler and probably cheaper, as your British partner doesn't need a special visa and you only need to make one UK visa application - as spouse - instead of two - fiancé and then leave to remain as spouse.

As for the timing of divorce, clearly decree absolute is needed before you can marry.
 

·
Registered
Joined
·
5 Posts
Discussion Starter · #3 ·
Getting married in US will be both simpler and probably cheaper, as your British partner doesn't need a special visa and you only need to make one UK visa application - as spouse - instead of two - fiancé and then leave to remain as spouse.

As for the timing of divorce, clearly decree absolute is needed before you can marry.
Thank you for the reply. Yes, waiting on the absolute is the bane of my existence right now, but since polygamy is illegal in both countries, it's the only option. (Ha. Have to keep some humor/humour...) I agree getting married in the US is generally a better option if time wasn't as much of an issue... I'm trying to determine if we should just suck up the burden of extra cost to go the fiance route given our timing issues... *shrug?
 

·
Registered
Joined
·
39,103 Posts
You can apply for fiancé visa before decree absolute is through, provided it will be by the time you enter UK.
 

·
Registered
Joined
·
5 Posts
Discussion Starter · #5 ·
You can apply for fiancé visa before decree absolute is through, provided it will be by the time you enter UK.
Unfortunately, it appears they've changed this rule in March. I hope to save anyone else similar heartache.

E-ECP.2.9. (i) Any previous relationship of the applicant or their partner must have broken down permanently, unless it is a relationship which falls within paragraph 278(i) of these Rules; and

(ii) If the applicant is a fiancé(e) or proposed civil partner, neither the applicant nor their partner can be married to, or in a civil partnership with, another person at the date of application

I would include a link, but haven't successfully posted 5 posts so I cannot. Just google FM Appendix
 
1 - 5 of 5 Posts
Status
Not open for further replies.
Top