Spousal Visa and PETS timeline

Ok, After pouring through all the topics again and calling the British Consulate, I think I've almost got it, except for one thing.

The Consulate suggested marrying here(Chicago) and applying for a Spousal Visa for me to enter the UK(with the other option being the Fiance Visa). I said, "Well, I thought he is not allowed to marry here on a Visitor Visa Waiver", to which she replied that she didn't know about US restrictions, but she had seen it done that way many times.

My question-where exactly will the trouble be on his end? Just getting into the US if they suspect a wedding?? After that, is it clear sailing, assuming you do the proper paperwork?

Also, if I start the PETS process 6 months before we marry in the US, will that show intent to move to the UK and get us in trouble, rather than trying to say it was spur of the moment?? I don't understand the whole, "Don't show intent to marry" thing at all. It seems like people here have done it and not kept it secret, but others warn against it.

This is driving me batty.

I don't know anything about the PETS process.  What I can say is that it's perfectly legal for your partner to go to the US and marry you on a visitor's visa.  My husband came to visit me, we married in IL, went to the consular's office in Chicago a couple weeks later, got a spousal visa for me, went to the UK.  No problems.  I also know it's quite ok because in my job of matrimonial law, I have seen several couples who are divorcing who went to say, Las Vegas or Florida and got married there. 

So it's quite ok. 

We did the same thing Elle did (except we went to the NYC consulate).  Don't worry about the PETS procedure...it's okay to show intent to move to the UK.  In fact, that's why it's okay for your fiance to go over to the US to marry you--because you have intent to leave after the wedding.  If you didn't have intent to leave, he'd need a fiance visa.

Then why is it not good to say you're coming to the US for a wedding?? Ok, and so we do not have to prove that it wasn't planned out, that it was "spur of the moment"??

Then why is it not good to say you're coming to the US for a wedding?? Ok, and so we do not have to prove that it wasn't planned out, that it was "spur of the moment"??

I think it's a personal choice.  My husband told the IO that he was coming to get married.  But with the way my husband says things, I think the guy thought my husband was joking.  He never got questioned and they let him through with no problems. 

I think the general consensus is not to make waves and put yourself in a situation whereby you find yourself getting heavily questioned, therefore don't volunteer the information, however if asked point blank do not lie, but tell the truth. 

Just like the UK, you don't actually have to be doing anything illegal to be denied entry. 

Exactly.  When my husband went to the US for the wedding, he had nothing wedding-related on him and never mentioned it.  Even though it's not illegal to enter for the sake of getting married, it's still difficult if they decide to pull you in the back and interrogate you.  And you just don't know about the IO and their mood or state of mind that day...there's a real chance you can be turned away for doing absolutely nothing wrong.  Just a hassle we didn't want to deal with, so marriage wasn't mentioned.

I believe the concern is that if he says he is coming over to marry you that they will think he might try to stay in the country....which is not what he is allowed to do in that manner....if he chooses to say he is marrying you he needs to be clear that he is leaving and planning on taking you with him.

Hope that made sense
Helena

oh, ok...so that's where he would have to prove something to go back to-I get it now.  What if he had a copy of my plane ticket, pETS certificate, shipping estimates, etc??Would that do? (He is self-employed, so no employer statement available)

oh, ok...so that's where he would have to prove something to go back to-I get it now.  What if he had a copy of my plane ticket, pETS certificate, shipping estimates, etc??Would that do? (He is self-employed, so no employer statement available)

Yep, that's right.

We also did the same thing as Elle. I flew over from the UK to San Diego to marry my wife and then we went to the British consulate in LA a few days later to get my wife's spousal visa.

I didn't have anything about the wedding with me and didn't mention it to Immigration, but don't lie about it if they ask.

As you said, he should have things to prove he is going back and is not going to try and stay there.  A lease for a rented property, or proof of a mortgage is good...some proof of financial commitments back in the UK. I am also self employed, (I don't know what type of work he does), I got letters from companies I work for saying that I was booked to work for them on my return to the UK.

Laurie

So you got the letters just in case? It's making more sense now-thanks!

Is that an Eddie Izzard sig?? If so, great taste!!!

That's right I took the letters and a copy of my lease just in case... I had no problem so I didn't need to show them, but if the question does come up then you have something to prove you are going back to the UK. That's all they're worried about...

And yes that is Eddie Izzard -  Cake or death?... cake please... We're all out of cake, we didn't expect such a rush...... 

Brooke and I are big Eddie Izzard fans!