US travel ban prevending marriage in US - should we get married in the UK?

Hi all

The US government announcement yesterday, (26 July) that the prohibition on UK and EU nationals entering the US is to continue indefinitely is  frustrating my plans to enter the US to marry my fiancee. I  was born in the UK  and am a UK national. We were due to get married in April 2020 in Boston and then she was going to apply for a spousal visa to enter the UK this year. Then covid hit.

We are, instead, considering whether it is preferable for her to apply for a fiancee visa and for us to get married in the UK. As a US national she is free to enter the UK (subject to having to quarantine on arrival in the UK and, I think on return to the US plus testing requirements). We are both double vaccinated.

I'd be very grateful for some advice on the pros and cons of that approach given the total uncertainty as to when the travel ban will be lifted.

I appreciate that it will be more expensive, as fees have to be paid for both the fiancee visa and the spousal visa, but are there any other drawbacks? I also know that she would not be able to work on a fiancee visa, but that is not an issue.

I am also unclear if she would be expected to return to the US after the marriage and then apply for a spousal visa on her return, or if the Home Office's expectation is rather that she woud apply for a spousal visa before her 6-month fiancee vis expired? If the latter, how soon after the wedding can you apply for a spousal visa?

However, she has quite a lot to sort out before she moves to the UK, so would there be any difficulties if she returned to the US soon after the marraige in the UK, and then delayed in applying for a spousal visa for, say, 6 months? Would the Home Office regard that as unusual?
 

Also, are  there any current delays with visa processing?

many thanks

I can't tell you what you should do, but I can answer a couple of your questions.  I just got my visa decision on 25/6 and it was a total of 28 working days from biometrics with priority processing.


My wife and I were also in a similar situation as you earlier in the year and elected to get married in Gibraltar.  Not the cheapest option with extra flights and hotel stays obviously, but they make it very very easy. 

You just book the appointment with their wedding registrar people, and stay at least 1 night in Gibraltar either immediately before or immediately after the ceremony.  Total cost for the ceremony and paperwork was somewhere around 150gbp.  Add that to flights and airbnb charges and it still worked out cheaper than the fiance visa. 

My wife and I were also in a similar situation as you earlier in the year and elected to get married in Gibraltar.  Not the cheapest option with extra flights and hotel stays obviously, but they make it very very easy. 

You just book the appointment with their wedding registrar people, and stay at least 1 night in Gibraltar either immediately before or immediately after the ceremony.  Total cost for the ceremony and paperwork was somewhere around 150gbp.  Add that to flights and airbnb charges and it still worked out cheaper than the fiance visa.

Thanks for your reply. Was the decision to get married in Gibralter to avoid having to pay the costs of the fiance visa, or were there any other advantages?

I appreciate that it will be more expensive, as fees have to be paid for both the fiancee visa and the spousal visa, but are there any other drawbacks? I also know that she would not be able to work on a fiancee visa, but that is not an issue.

She would also not be entitled to use the NHS without paying, so she would need insurance that would cover any potential medical expenses, or be able to pay outright.

I am also unclear if she would be expected to return to the US after the marriage and then apply for a spousal visa on her return, or if the Home Office's expectation is rather that she woud apply for a spousal visa before her 6-month fiancee vis expired? If the latter, how soon after the wedding can you apply for a spousal visa?

If she applies for a fiance(e) visa, she can remain in the UK and apply to switch to a spouse visa from within the UK without having to leave.  Once you are married, you can apply for FLR(M) as soon as you have all the necessary paperwork (e.g. marriage certificate).  You do not have to wait until the expiry of the fiance(e) visa to switch to FLR(M).

However, she has quite a lot to sort out before she moves to the UK, so would there be any difficulties if she returned to the US soon after the marraige in the UK, and then delayed in applying for a spousal visa for, say, 6 months? Would the Home Office regard that as unusual?

If you would like to get married in the UK sooner rather than later, but she isn't ready to start her UK residency clock and begin cohabiting with you (which becomes important when applying for future visas), she could apply for a marriage visitor visa.  [I'm assuming this is still an option during COVID times; if this type of visa has been suspended at the moment, someone can hopefully clarify]  This allows you to come to the UK to get married, but you cannot switch to a spouse visa from within the UK - you must return to your home country when visa expires.  If you wanted to pursue a spouse visa later on, that's fine, but you would not be able to apply from within the UK.

If you go the spouse or fiance(e) visa route, I suggest not applying until she's ready to actually move over.  If you want to get married in the UK, but she's not in a position to make the move yet, I suggest the marriage visitor visa.  And then when she's ready, she can apply for a spouse visa from the US.

Thanks for your reply. Was the decision to get married in Gibralter to avoid having to pay the costs of the fiance visa, or were there any other advantages?

It was a bit complicated for us, because it was the beginning of the pandemic and the US wasn't offering biometrics appointments even if we had wanted to go the fiance visa route.  We also decided (again because of covid restrictions), to just have me spend 6 months here on a tourist/visitor standard visa and wait for things to calm down covid-wise before applying for the spouse visa. 

We also really, really didn't want to do the fiance visa with all the stress that entails and then do it AGAIN 6 months later.  Costs weren't as much as a factor as much as stress. 

Entering as a tourist after the visa was risky because they could have refused me entry after the wedding (clearly not a tourist if I'm coming for 6 months with my wife) so I'm not sure I would recommend that long a period, but it worked out well for us.  You are allowed to enter the country as a tourist even if you are married, but it's entirely up to the discretion of the border officer at passport control.

I also have heard that they are tightening border control in some ways(closing e-gates in some places is one) since leaving the EU, so entirely your choice whether you want to roll the dice on the tourist visa.

If you would like to get married in the UK sooner rather than later, but she isn't ready to start her UK residency clock and begin cohabiting with you (which becomes important when applying for future visas), she could apply for a marriage visitor visa.  [I'm assuming this is still an option during COVID times; if this type of visa has been suspended at the moment, someone can hopefully clarify]  This allows you to come to the UK to get married, but you cannot switch to a spouse visa from within the UK - you must return to your home country when visa expires.  If you wanted to pursue a spouse visa later on, that's fine, but you would not be able to apply from within the UK.

If you go the spouse or fiance(e) visa route, I suggest not applying until she's ready to actually move over.  If you want to get married in the UK, but she's not in a position to make the move yet, I suggest the marriage visitor visa.  And then when she's ready, she can apply for a spouse visa from the US.

That's extremely helpful. Thanks very much.

It was a bit complicated for us, because it was the beginning of the pandemic and the US wasn't offering biometrics appointments even if we had wanted to go the fiance visa route.  We also decided (again because of covid restrictions), to just have me spend 6 months here on a tourist/visitor standard visa and wait for things to calm down covid-wise before applying for the spouse visa. 

We also really, really didn't want to do the fiance visa with all the stress that entails and then do it AGAIN 6 months later.  Costs weren't as much as a factor as much as stress. 

Entering as a tourist after the visa was risky because they could have refused me entry after the wedding (clearly not a tourist if I'm coming for 6 months with my wife) so I'm not sure I would recommend that long a period, but it worked out well for us.  You are allowed to enter the country as a tourist even if you are married, but it's entirely up to the discretion of the border officer at passport control.

I also have heard that they are tightening border control in some ways(closing e-gates in some places is one) since leaving the EU, so entirely your choice whether you want to roll the dice on the tourist visa.

Thanks very much, and congratulations on your wedding.

As you haven't been through the UK visa process yet you probably don't appreciate the stress. That's an added factor for me whether you want one additional stress period by going the Fiance route.

Correct me if I am wrong as I'm not familiar with the Fiance route but in the UK don't you have to wait 1 month before getting married? There is also a backlog from people holding back their weddings and are now catching up. There could be added delay there, also.

So, although she's not quite ready, the process of waiting and getting married elsewhere and applying on the spousal route could be quicker than processing two visa applications and getting a date somewhere in the UK obviously with the added disadvantage of no NHS cover.

Edit: just to add also, currently if you're married to a USC you can go to America as the spouse of a citizen. I'm not sure whether this is a factor for you or not. If so, obviously a plus point for the spouse route if you wanted to go in the nearer future.

Hi and thanks for your reply.

As you haven't been through the UK visa process yet you probably don't appreciate the stress. That's an added factor for me whether you want one additional stress period by going the Fiance route.

I can understand that and I don't think the fiance(e) route is the one we will be taking. Possibly applying for a Marriage visa might be the way, or we wait until the US allows UK nationals back in, and gett married in Boston.  Getting married in Gibralter is also an interesting possibility.

Correct me if I am wrong as I'm not familiar with the Fiance route but in the UK don't you have to wait 1 month before getting married? There is also a backlog from people holding back their weddings and are now catching up. There could be added delay there, also.

I believe you have to give 29 days notice before the wedding.

So, although she's not quite ready, the process of waiting and getting married elsewhere and applying on the spousal route could be quicker than processing two visa applications and getting a date somewhere in the UK obviously with the added disadvantage of no NHS cover.

Yes, I agree.

Thanks again

I can understand that and I don't think the fiance(e) route is the one we will be taking. Possibly applying for a Marriage visa might be the way, or we wait until the US allows UK nationals back in, and gett married in Boston.  Getting married in Gibralter is also an interesting possibility.

In regards to whether you go the fiancé/marriage visa route or the spousal visa route, it really depends on your personal circumstances and which option works best for you and your relationship. If you don’t want to have to wait until the US allows UK citizens back in and you want to be able to live together sooner rather than later, then maybe a fiancé visa would be the best option for you.

One other option, though it may be trickier with travel restrictions, is the Marriage Visitor Visa route, where the US citizen applies for a 6-month visitor visa that allows them to get married in the U.K., and then after the wedding they fly back to the US to apply for a spousal visa. The Marriage Visitor Visa only costs about £90, but it would mean paying for an extra flight to the UK and back to the US again.

I believe you have to give 29 days notice before the wedding.

If you will be marrying in England or Wales, there is a 7-day residency requirement before you are allowed to give notice. Then once you have given notice you have to wait a minimum of 28 days before you can marry. However, if one of you is subject to immigration rules and has a visa for the UK, your case may be referred to UK immigration, which could take up to 70 days to be approved (though if you have a fiancé visa, you will already have been given permission to marry in the UK so hopefully you should only have to wait the normal 28 days).

So, that’s a wait of 35 days in total (or potentially up to 77 days) for a wedding in England or Wales.

If you will be marrying in Scotland, there’s no 7-day residency requirement, so you just have to wait the 28 days (or 70 days) from giving notice to marry.


Sent from my iPhone using Tapatalk

Go to the US. Fly to The Bahamas for 15 days then they will let you in. Or go to Mexico. Get a round trip ticket through Kayak - London - Nassau -> Miami - then back from where ever. My friend doing that and going back from Orlando.

A

Thanks for the response. I'll give that some thought. It's an interesting option.

Thanks for the response. I'll give that some thought. It's an interesting option.

If you're in a position where you can take leave that's a good point by Art. The ban affects people travelling through UK, not strictly just that UK citizens are banned. There are worse places to travel to for 14 days  . Might be worth literally just tying the knot to get the visa application going then having the ceremony when restrictions ease.