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Topic: Need advice worried about breaking immigration laws  (Read 1855 times)

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Need advice worried about breaking immigration laws
« on: April 01, 2009, 11:32:28 AM »
Hi and hello!
Ok I really am at my wits end here,my u.s girlfriend has been here for 2 months now our first real contact after months and months via skype and e-mail.We have fallen head over heels for each other and got engaged now i know we can't just get married while she is here on a visitor visa,but we are planning to head over to the u.s for me to meet her family etc.
Now this is the kicker,what would happen if we got married while over there and i wanted her to fly back with me to u.k,should I apply for a fiance visa before we go to the u.s? or apply for spouse visa after we get married and just hope it does not take months to get approved.
I hope this makes some kind of sense to somebody sorry if it is a bit confusing.:)


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Re: Need advice worried about breaking immigration laws
« Reply #1 on: April 01, 2009, 11:45:12 AM »
what would happen if we got married while over there and i wanted her to fly back with me to u.k,should I apply for a fiance visa before we go to the u.s? or apply for spouse visa after we get married and just hope it does not take months to get approved.
If you intend to get married on the US, then wait until you're married and then apply for a spouse visa. Then fly her back to the UK as your spouse. (fiancee visa is for those who want get married in the UK)


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Re: Need advice worried about breaking immigration laws
« Reply #2 on: April 01, 2009, 12:03:05 PM »
If you did it that way, you'd save yourself the expense of the fiancee visa. It's a good way to go. But yes, she'd have to wait for her spousal visa to come through before she could go back to the UK with you.

If you paid for a courier, that would speed things up (assuming you guys have enough money to qualify for the visa and everything).


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Re: Need advice worried about breaking immigration laws
« Reply #3 on: April 01, 2009, 12:58:49 PM »
If you apply for a spousal visa from the US, it can take as little as 24 hours to be approved (if you pay for the services of an expedited courier) or as long as a month or so (if you mail it yourself and if the consulate is very busy) - but average time for mailed-in in applications is about 10-15 working days. It will not take anywhere near as long as a fiance/spousal visa for the US would take (which is currently at least 6 months, I believe).

You do not need a US fiance visa if you are planning to marry in the US and then live together in the UK (you can just get married as a visitor - something you can no longer do in the UK). You would only need to apply for a US visa if you were planning to move to the US for good and set up your married life there.


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Re: Need advice worried about breaking immigration laws
« Reply #4 on: April 01, 2009, 01:39:42 PM »
I would agree with getting married in the US, easier and, if you are coming over anyway, cheaper. 

But you can't just fly her back afterwards, you need to apply for her spousal visa in the U.S.


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Re: Need advice worried about breaking immigration laws
« Reply #5 on: April 02, 2009, 11:30:13 AM »
Thanks to all who replied,we will look into the spouse visa when I visit,and all the paperwork they require noticed that can be a minefield as well.
Heres hoping it is a happy trip and I don't have to see the tears if it doesnt come through in time and I have to fly back without her.


Re: Need advice worried about breaking immigration laws
« Reply #6 on: April 02, 2009, 11:34:58 AM »
It's not a minefield as long as you do your prep work before you apply.

You can also submit the application online BEFORE you get married and schedule your Biometrics for the day following your marriage and ship things off to your courier the same day (provided that you can get a certified copy of your marriage certificate that quickly. I had to wait 2 days before mine was ready.). You could potentially have your visa approved the following day and back in your hot little hand within 48 hours.

But getting all your ducks in a row beforehand is the key.





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Re: Need advice worried about breaking immigration laws
« Reply #7 on: April 02, 2009, 12:14:47 PM »
If it were me, I would get married in the States, submit the spousal application, take a nice honeymoon somewhere in the States (since she won't have her passport) and that will hopefully inject enough time between when the application is submitted until you return and you get a nice honeymoon in between.
WARNING My thoughts and comments are entirely my own.  Especially when it comes to immigration and tax advice, I am not a professional.  My advice is to seek out professional advice.  Your mileage may vary!
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Re: Need advice worried about breaking immigration laws
« Reply #8 on: April 02, 2009, 12:47:57 PM »
Yeah I wish was that easy I would love the honeymoon,but as it's busy at work here i can only get a week off to go over and visit,so looks like am flying home alone.:(
Ok this question will have been asked a thousand times I bet but can anybody point me in the direction of the u.s site to find what documentation i will have to take with me etc.
Just to speed things along so we are not apart any longer than we have to be.


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Re: Need advice worried about breaking immigration laws
« Reply #9 on: April 02, 2009, 01:00:11 PM »
Depends on the State.  Which State are you going to be married in?
WARNING My thoughts and comments are entirely my own.  Especially when it comes to immigration and tax advice, I am not a professional.  My advice is to seek out professional advice.  Your mileage may vary!
Transpondia
UK Borders Agency (Official Government Site)
Office of Immigration Service Commissioner (Official Government Site)
My Blog


Re: Need advice worried about breaking immigration laws
« Reply #10 on: April 02, 2009, 01:04:25 PM »
The documentation that will need to be provided in support of a Spousal Visa can be found at: http://www.ukvisas.gov.uk/resources/en/docs/1903073/settlementdocschecklist. Here is the link to the Paper form of the Spousal Visa Application so you can take a look at the type of questions that are asked: http://www.ukvisas.gov.uk/resources/en/docs/1903073/vaf4a

Hope that helps.

In order to get married in the US you should do a search for the County in which you're going to be married in as each county sets the requirements for marriage themselves. In the county I was married in I called a couple of months in advance and scheduled a date with the County Clerk of Marriages (we had a civil ceremony) showed up 30 before to complete the license application, DH just had to show his passport as identification (if you've been married & divorced before you will definitely need a copy of your divorce decree), pay the appropriate fees and about an hour later we were married. Easy. But California does not require blood tests nor does it have a waiting period either. But it varies depending on location.
« Last Edit: April 02, 2009, 01:08:35 PM by WebyJ »


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Re: Need advice worried about breaking immigration laws
« Reply #11 on: April 02, 2009, 01:09:24 PM »
Ok we are getting married in georgia.And thanks for the links for forms appreciate that  ;D


Re: Need advice worried about breaking immigration laws
« Reply #12 on: April 02, 2009, 01:13:17 PM »


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Re: Need advice worried about breaking immigration laws
« Reply #13 on: April 02, 2009, 01:17:42 PM »
I married my husband and he flew back to the UK afterwards while I stayed behind and applied for my visa. I had it in 3-4 weeks time, and I took my time putting the application and documents together and doing my biometrics appointment, etc. It isn't that long to be apart in the grand scheme of a lifetime together - it just makes you appreciate each other more once you are together for good! So if you do have to head back and can't wait around for her visa to arrive, don't let it upset you too much. It might be good for her to spend a few weeks with family and friends while she waits for the visa anyway, and there is always Skype! It's not so bad to use it when you only have to use it for a few weeks time. Most people here had to spend a year apart or more before being able to be with their loved one, but it all worked out in the end.
Good luck!!!


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Re: Need advice worried about breaking immigration laws
« Reply #14 on: April 02, 2009, 01:49:53 PM »
Thank's for all the help and advice,am going to try and get at least another week off of work so is less time apart,and hope we can get the visa approved in that time.


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