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Topic: Do we really need a US Fiancee Visa??  (Read 1170 times)

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Do we really need a US Fiancee Visa??
« on: August 25, 2005, 03:08:31 AM »
hey, I know that this is probably explained somewhere I have yet to find, but I can't really find what I'm looking for, and I just want to make sure that I am doing this right... My fiancee and i have decided to go the route of getting married in the US and then getting a spousal visa for me to live with him in the UK so that I can start working ASAP. I think I understand the UK forms pretty well but now I am getting hung up on the US ones. I have filled out the I-129F, Petition for Alien Fiancee and the supporting G-325As, etc, etc...but now I'm even wondering if I need to file them in order for us to just get married in the US as I was reading some post that said that you didn't need a visa to get married in the US...I'm so confused...Does anyone know if this is required?

and if so: 1. How long does it take for the I-129F to process, 2. Does it have an expiration date (ie. once you apply for it do you have to get married within a certain time span? I know that once he enters into the US we have 90 days, but does the actual petition expire within a time period?), 3. Does he really need to get some sort of stamp in his passport from an American Embassy in the UK before even coming over to the US, and 4. For the evidence that we have personally met in the past two years: is this just kind of like the same kind of evidence you provide for the VAF2...do I document all of the times we have visited each other in the past 2 years or can I just provide evidence from one visit: photos, plane tix, etc.

Sorry that I have a million questions but I am so confused and frustrated about the whole thing. ??? Any answers would be much appreciated. Thanks!


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Re: Do we really need a US Fiancee Visa??
« Reply #1 on: August 25, 2005, 03:17:32 AM »
The fiance visa (K1) usually takes about six months. While you await approval, your fiance is not prohibited from visiting by LAW, but Point of Entry officers have been known to turn them away.  They may believe that your fiance is impatient with the process and has decided to enter on a tourists visa to stay illegally. He or she would have to provide lots of proof of intent to return (return ticket, copy of apartment lease, letter from employer stating that they're expected back at work in a fortnight, etc.) If turned away, they would have to board the next flight home.

I don't believe you have to worry about the legalities of getting married in the US and then getting a spousal visa... especially if you don't expect any problems (the fiance has enough money to support you, you don't have children with contested custody, you don't have a criminal record.)

If, for whatever reason, you are denied a UK visa, then your spouse would have to leave the US in order to start the US visa process. He would have to leave within the 90-day tourist visa. Overstaying would screw you both up royally and you could be separated for years, as he'd likely be banned from ever returning.


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Re: Do we really need a US Fiancee Visa??
« Reply #2 on: August 25, 2005, 03:59:03 AM »
Pennylane,
Step back.......now breathe..........better?

If you plan on moving to the UK right after you get married, you don't need to get a fiance visa in the US (K visa).  These are for people who are coming to the US to settle, get a green card, and grow old together.

The others should be able to fill you in on the specifics of your fiance coming over for the wedding and getting your UK spousal visa.
Dream a dream of England .......... Some day


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Re: Do we really need a US Fiancee Visa??
« Reply #3 on: August 25, 2005, 07:39:16 AM »
Yes, you needn't worry, m'dear!  Lots of people have had their weddings in the US and then come to the UK to live without doing a US fiance visa.  You definitely don't need one!

When your fiance enters the US, he can either just say he's coming in as a tourist as per the usual and he's unlikely to have any trouble.  This isn't a lie because he's planning on staying for a short time and returning.  Or if he wants to be more forthright, he can say that he's getting married in the US, but that you have an appointment at the UK Consulate on such-and-such date so that you can both return to the UK.  As long as he has a return ticket and perhaps a letter from an employer or a lease which will show he intends to return, there won't be any problems.  It is perfectly legal and very common for people to come to the US to get married. 

So relax, and enjoy planning for your wedding and your new life in the UK instead of worrying about the tedious US Visa process.  :)


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Re: Do we really need a US Fiancee Visa??
« Reply #4 on: August 26, 2005, 12:39:55 AM »
Thank you so much for your replies. This definitely puts my mind at ease and makes things a little bit easier and $165 less expensive!  ;) It's funny because when my fiancee called me at work today I was telling him what you had said about not needing the visa to get married and he said that he had made a few calls earlier and found out the same thing. I guess I'm just getting so wound up and worried about it all, but your right i should just be thinking about all the fun wedding plans and the fact that this whole distance thing is getting smaller and smaller everyday!  :D


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