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Topic: Marriage Visit Visa/Return to US?  (Read 1878 times)

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Marriage Visit Visa/Return to US?
« on: January 26, 2011, 02:44:18 AM »
Hello Everyone,
Here is a brief summary of our situation...My partner Mike (English) and I (American) have been together for two years and have bounced back and forth between the US, UK and Europe in order to stay together (we have never overystayed a visa).  However, at the beginning of January, we were going to go back to the US (my home country) and he was going to get the B2 visa.  Long story short, he was denied the visa (stupid reasons, I think its a money-making sham basically) and so I had to go back to the US and he had to stay in the UK.  We were planning on marrying in the US, but have now decided to marry in the UK.  I am currently applying for the Marriage Visitor Visa, and am looking to return to the UK early March for a mid June wedding (I think June 10th, but we are still working out dates with the church).  We are planning to move to France after we get married.

What I am confused about is do I have to return to the US after we get married or do I just have to leave the UK?  We do not wish to live in either the US or UK, so it would be silly for us to do anything but move to France as we intend.  When I submit my application (which will be within the week), we will not have jobs or rent lined up to "prove" that we are moving to France.  To be honest, we probably won't even begin to look for work until April because we are both teachers and hiring for the new school year doesn't begin until around that time.  Has anyone applied for this visa?  I'm concerned about the "proving you will leave" part and also the finances (which concerns everyone it seems).  We will be staying with his family until the wedding, so we won't have to pay for anything and we will have about 5,000Euros saved up by the time we move, currently we have about 2,500Euros between us. I literally won't pay for anything in the UK, so is this enough?  I can get a letter from his parents stating all of this.  Also, we will be taking several trips to France before and after we marry to set up jobs, etc. I read that I can request for it to be multiple entry, is this true?  I would really like to speak with an immigration officer about all of this before I apply, does anyone know of who I can call where I will reach a real person who can answer these questions?  I've called so many numbers and embassies and never seem to get to a person who can actually give me answers to my questions.  I am probably just being paranoid about applying for this visa, but I'm already booking and paying for things for our wedding and I'm just a little bit stressed over the fact that I have to do this at all.  After my partner got denied the B2 visa for the US, which he had absolutely no reason to be denied and this came as a huge shock to us, I am nervous about doing everything correctly for my visa.  I just hate how all of this immigration business dictates when people can marry or even see each other.  Its gotten to be a little ridiculous.  Thank you so much for any help or advice you can give me.  I want to make sure this application is flawless, so I can return back to my fiance as quickly as possible.

Thank you  :)
KathrynG


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Re: Marriage Visit Visa/Return to US?
« Reply #1 on: January 26, 2011, 07:32:29 AM »
What I am confused about is do I have to return to the US after we get married or do I just have to leave the UK?  We do not wish to live in either the US or UK, so it would be silly for us to do anything but move to France as we intend.  When I submit my application (which will be within the week), we will not have jobs or rent lined up to "prove" that we are moving to France.

You have to show that you will leave the UK before the 6 months is up. However, in order to do this, you need to show that you have ties to the country you live in to return to (such as a home, a job, a letter from your employer stating when you will be returning to work etc.).

Have you looked into what you need to do immigration-wise to move to France? You may need to return to the US in order to apply for a visa to live in France anyway, so you if you do, you could provide evidence of ties to the US to show that you will return to apply for the visa.

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I would really like to speak with an immigration officer about all of this before I apply, does anyone know of who I can call where I will reach a real person who can answer these questions?  I've called so many numbers and embassies and never seem to get to a person who can actually give me answers to my questions. 

Unfortunately not - you cannot contact the UK consulates in the US for information and so the only people you can call are Worldbridge, but they charge about $12 per call and usually aren't able to tell you anything other than what you can read on their website for free (https://www.visainfoservices.com/Pages/Welcome.aspx::).

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After my partner got denied the B2 visa for the US, which he had absolutely no reason to be denied and this came as a huge shock to us, I am nervous about doing everything correctly for my visa.

What did they say he was denied for? I have a B2 visa myself and it was fairly straightforward to get (despite me not being eligible for the VWP because I have a DUI), although I was only visiting the US for a few days on my way down to South Ameria, so maybe that's why it was relatively easy to get.

I've heard they sometimes deny B2 visas because the applicant didn't even need one in the first place (because they could just come to the US on the Visa Waiver program)... however, a visa denial because of this automatically makes you ineligible for the VWP, so you have to apply for another visa to enter the US again... for the rest of your life)!


Re: Marriage Visit Visa/Return to US?
« Reply #2 on: January 26, 2011, 07:39:13 AM »
The MVV is very specific, you need to have proof of ties and an intent to return to your home country. So a round trip ticket back to the US would be necessary or proof of onward travel at the end of your visa period. Also you would need to show that you have enough money in savings to cover all your expenses, if you're staying with his relatives you would need a letter from them stating such and their most recent 3 months bank statements. You would also need to provide proof of any wedding arrangements that you have made.

You won't be able to speak to an Immigration Officer or an Entry Clearance Officer.

The MVV is a multiple entry visa, so you shouldn't have problems visiting France.

This should help:
http://www.ukvisas.gov.uk/resources/en/docs/1903073/supportingdocsvisituk

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Special visitors: Visitors coming to get married Immigration Rules Paragraphs 56D - 56F

Can I get married or register a civil partnership in the UK?

If either you or your future husband, wife or civil partner are not EEA (European Economic Area) or Swiss nationals, you can visit the UK together to get married or register a civil partnership as long as you intend to leave the country within six months.  If you wish to marry and live in the UK please see our Settlement - visa application guide.

Everyone coming to the UK to get married or to register a civil partnership (except EEA and Swiss nationals) must get a visit for marriage or visit for civil partnership visa. You will need to make your application online or complete the following visa application form:

  Application form VAF1F - Marriage visitor

  VAF Guidance notes

You will need to show evidence that you plan to enter into a marriage or civil partnership during the period for which you are granted leave (which will be for six months).

You can get married or register a civil partnership in any location licensed for the purpose of marriage or civil partnerships. Once you are both in the UK you will need to give official notice of your marriage or civil partnership at a designated register office. If you are a non-EEA or Swiss national you will have to show your entry clearance or certificate of approval to do this. You can get more information about marriage or civil partnerships and register offices from the General Register Offices:

England and Wales - www.gro.gov.uk
Scotland – www.gro-scotland.gov.uk
Northern Ireland – www.groni.gov.uk


x-posted w/ksand24


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Re: Marriage Visit Visa/Return to US?
« Reply #3 on: January 26, 2011, 01:26:59 PM »
Thank you for the replies.  He got denied the visa because the immigration officer said that three months was more than enough for a visit and he didn't have enough ties back to the UK (even though he showed a letter from his employer and a copy of his lease).

I don't need to return to the US to move to France.  I understand how their process works and you basically go through the same process as your UK spouse, which is applying for a residence card at the local town hall.  They usually grant them within two or three months and this is your proof of right to work.

I have no reason to return to the US and am not planning to.  However, I will be leaving the UK.  I just don't want to apply for this marriage visitor visa over this, when I can't figure out if I just need to leave the UK or must return to my home country.  I feel like I need a lawyer...  I wish we could appeal his B2 visa decision, but it says online that you can't.  The immigration officer had the denial letter in his hand before my fiance (then boyfriend) had even sat down.

At this point, we don't really care whether we get married in the US or UK or where we live.  We just want to be together again as quickly as possible.  We are starting to consider easier or more sure things.  I've just read so many horror stories of spouses and fiances getting separated over things like this.  Thanks for any advice.


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Re: Marriage Visit Visa/Return to US?
« Reply #4 on: January 26, 2011, 05:05:00 PM »
I know nothing about this....so it is wild guess....

Is it possible to marry in France? Two Americans I know got married there - so they must have some kind of visa for it.


Just kinda thinking out loud.....


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Re: Marriage Visit Visa/Return to US?
« Reply #5 on: January 26, 2011, 05:30:57 PM »
I know nothing about this....so it is wild guess....

Is it possible to marry in France? Two Americans I know got married there - so they must have some kind of visa for it.


Just kinda thinking out loud.....

You don't need a visa to get married in France, but they do require that you be resident for I think forty days before the ceremony can be performed.  If you have funds and a place to stay and stuff to do, then forty days isn't a big deal, but you certainly can't just pop over to Paris for the weekend and get married. 
On s'envolera du même quai
Les yeux dans les mêmes reflets,
Pour cette vie et celle d'après
Tu seras mon unique projet.

Je t'aimais, je t'aime, et je t'aimerai.

--Francis Cabrel


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Re: Marriage Visit Visa/Return to US?
« Reply #6 on: January 28, 2011, 04:26:17 AM »
Thanks for the advice about getting married in France.  Yeah, the process to be married there is a little bit time consuming, but definitely in the back of our minds as a back up option.  Since we are planning to move there anyway, the 40 day residency wouldn't be a big deal, but they tend to make you do an obscene amount of paperwork to be married.  We are also thinking of doing a destination wedding for Gibraltar.  They don't have a residency requirement and only require a passport and birth certificate.  That way we don't have to deal with worrying about getting a marriage visit visa for the UK.  Our families would still be able to attend, and we don't really have a preference where we get married, so this seems to be a good idea.  Getting married shouldn't and doesn't have to be such a legal headache :)  That is unless you are someone who wants to live in the UK or USA.  If some of you out there are dealing with the same issues of where/when to get married and settled, I highly recommend looking into the EU (except UK of course).  We US/UK couples have more rights and protections there.  Plus, you do not need to enter with a visa and can do all of the resident paperwork within the country, which means you don't have to be separated from the love of your life :)  Under EU law, a spouse has the right to enter, live, and work in any country that her EU spouse can (except of course for the spouses home country, meaning the UK).  It seems to be so much better this way because we can remain together with no issues or worries about visas.  I wouldn't mind applying for the marriage visit visa, but I can never get all my questions answered about it, so it feels like a gamble that I'm not really willing to take.  Thanks for all of your advice and suggestions :)


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Re: Marriage Visit Visa/Return to US?
« Reply #7 on: January 28, 2011, 07:51:37 PM »
I know you don't plan to return to the US but here's how getting married there worked for me. My (now) husband flew over to meet in person for the first time on VWP intending to stay the full 3 months with no problems. 2 months in we decided to just go ahead and get married, which we did two weeks later. He was in the US, out of status for about a month and we had NO problems whatsoever. He is now a US citizen. I'm not saying do this, but I asked USCIS before doing this and was basically told it was fine. This was back in '06 so things may have changed and we didn't have any refusals so not sure there but I bet it would be fine, if he's eligible for VWP still, for you guys to get married there. I would think ESPECIALLY since you're not trying to settle in the US.

Again though, not sure if anything has changed or how that refusal would play out.
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