US Marriage vs UK Marriage

Afternoon/Morning All,

I wondered if someone could give me a 'in a nutshell' answer to the following - I've read that a US marriage is preferable to a UK one, but I wondered the reasons why?

My partner is coming back over in December and as I can't currently fly to the States we wondered if in the current situation if we're better doing it in the UK, as we want her to be able to move here as soon as possible! Is there any significant reasons for us to wait until we can do it in the US?

Many Thanks in advance

Steve

Afternoon/Morning All,

I wondered if someone could give me a 'in a nutshell' answer to the following - I've read that a US marriage is preferable to a UK one, but I wondered the reasons why?

My partner is coming back over in December and as I can't currently fly to the States we wondered if in the current situation if we're better doing it in the UK, as we want her to be able to move here as soon as possible! Is there any significant reasons for us to wait until we can do it in the US?

Many Thanks in advance

Steve

Prior to Covid we always recommended marrying in the US. You have the stress and expense of one less visa, on a spouse visa, you can work and use the NHS from day 1. You don't ruin your wedding day worrying about immediately having to apply for FLR.

But now, I would do whichever works logistically for you with the travel restrictions/risk being the way they are.

You'll still need a visa to marry in the UK though (you don't for the US, that's another reason). Either the fiancee visa which would mean less travel, or the marriage visitor visa which would mean returning to the US and applying for a spouse visa from there.

Thanks for the reply.

So the process would be -

1. -Apply for marriage visa 3 months prior to the date we want to get married
2. - After we get married she then has to head back to the States, at which time we apply for a spouse visa
3. - Once the spouse visa is approved she comes here to live

Is that correct?

I have a few follow up questions -

As she's coming over in December could we still apply for a marriage visa for say February, or would she not be able to come in December to visit if we had the 'Feb' visa in place?

After the Marriage when she has top go back to the States to await the spouse visa approval, is she still aloud to visit the UK whilst we wait approval? And also how long does it typically take after marriage to have the visa approved?

Thank you so much for you time

Thanks for the reply.

So the process would be -

1. -Apply for marriage visa 3 months prior to the date we want to get married
2. - After we get married she then has to head back to the States, at which time we apply for a spouse visa
3. - Once the spouse visa is approved she comes here to live

Is that correct?

Not quite. It depends if you are applying for a fiancé (marriage) visa (£1523) which allows her to move to the UK properly and then switch to FLR(M) from inside the U.K. after the wedding, or a Marriage Visitor Visa (£95) which allows her to get married in the U.K. on a visit and then return to the US to apply for a spousal visa.

For a fiancé visa:
1. Apply for visa at least 3 months before she wants to ENTER the U.K. (it can take anywhere from 6 weeks to 3-6 months to get the visa)
2. Move to the U.K.
3. Marry at some point in the next 6 months
4. Apply for FLR(M) after the wedding from inside the U.K.... can take up to 8 weeks to be granted
5. when the FLR(M) has been granted she can work/study/use the NHS

For a marriage visitor visa:
1. Apply for visa no more than 3 months before she wishes to ENTER the U.K. (usually takes about 3 weeks to get the visa)
2. Fly to the U.K. as a visitor
3. Get married in the next 6 months
4. Fly back to the US
5. Apply for the spousal visa
6. When the visa has been granted, move to the U.K.

As she's coming over in December could we still apply for a marriage visa for say February, or would she not be able to come in December to visit if we had the 'Feb' visa in place?

She can only hold 1 visa at a time. So she would have to wait until she had returned to the US after her visit before she applied.

After the Marriage when she has top go back to the States to await the spouse visa approval, is she still aloud to visit the UK whilst we wait approval? And also how long does it typically take after marriage to have the visa approved?

No, because she has to mail her passport the New York for the visa to be processed. She cannot travel anywhere while she is waiting for the visa.

As mentioned above, it can take anywhere from 6 weeks to 3-6 months for it to be processed.


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