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frantzgregory, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 565
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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I am a British citizen resident in UK. My fiancee is a US

Customer Question

I am a British citizen resident in UK. My fiancee is a US citizen resident in US. We wish to marry (in US) this year but we do not intend to live together in one country in the near future but to have an international marriage and visit each other often.
Question: I see it is possible to wed in the US on a tourist visa waiver and then return to UK (I intend to return to UK a few days after the ceremony and do not intend to apply for permanent residence in US). What are the possible snags for me and my fiancee if I do this? Would it be better to apply for a fiancee visa although i do not intend to apply for permanent residence in the US?
In future years, if we try to travel to each other's countries on tourist visa waivers, are we likely to face problems being allowed in since we are married? (we understand the tourist visa has restrictions on the period spent in the UK and US). Is it best to declare spousal visit as the reason for travel or to say nothing about it?
If in future years we do apply for permanent residence for me in the US, or for she in the UK, will the fact we have been married but not lived together count against our marriage being accepted as bona fide? We presume we'd need to show documents proving the time we'd spent together.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  frantzgregory replied 1 year ago.
HelloThank you for your enquiry. I am only able to deal with aspects of your question relating to UK immigration law. The requirement for a spousal visa under family life as a partner within UK Immigration Rules require that an applicant must show that their marriage is genuine and subsisting. It is quite unusual the term international marriage particularly where the intention is not to live together. The Immigration Rules also require that an applicant and their partner must intend to live together permanently in the UK. On the basis of what you describe as a marriage, the entry clearance officer may adduce your relationship to be one of convenience and therefore would not meet the relationship requirement of the Rules. If the entry clearance officer believes your marriage is a sham entered into for the sole purpose of gaining entry into the UK and you do not intend to live permanently with each other this will form the basis of a refusal. It does seem counterintuitive to want to get married but without the intention of wanting to live together. In addition to the relationship requirement, there are suitability, financial, English language and immigration status requirements. US citizens are exempt from meeting the English language requirement. **********************************************************************This is a simple question and answer platform. Answers expressed by the author in this platform are solely base upon the information provided by you. Under no circumstances should answers be relied up as immigration advice. Please note that the author accepts no responsibility for any reliance and it is your responsibility to seek independent legal advice before making any immigration application.