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Guillermo Senmartin
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 130845
Experience:  Over 12+ years of experience in various areas of U.S. Law and 15+ years of experience in U.S. Immigration Law..
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Marriage visitor visa, I’m in the Uk my partner in the USA.

Customer Question

Marriage visitor visa
JA: Where is this? It matters because laws vary by location.
Customer: I’m in the Uk my partner in the USA. He’s trying to get a marriage visitor visa to come here
JA: What steps have you taken? Have you filed any paperwork with the UK government? What country do you live in? What is your citizenship?
Customer: I live in the UK
JA: Have you talked to a lawyer about the visitor visa?
Customer: no
JA: Anything else you want the Lawyer to know before I connect you?
Customer: my partner is waiting on his citizen to come through in the USA. But I want to know to go about doing a marriage visitor visa for him
Submitted: 23 days ago.
Category: US Law
Expert:  Lawyer21 replied 23 days ago.

Hi Welcome to JA

I will read your question and respond

Expert:  Lawyer21 replied 23 days ago.

Thanks for your question.

I will set out the requirements for Marriage Visitor Visa.

Expert:  Lawyer21 replied 23 days ago.

The Marriage Visitor visa is designed for non-EEA nationals over the age of 18 who wish to visit the UK to marry or form a civil partnership, or give notice of a marriage or civil partnership, in the UK.

On arrival in the UK, all visitors (including non-visa nationals) coming to marry or form a civil partnership, or give notice of this, in the UK must have a valid visit visa endorsed with this purpose and the name of the holder’s fiance(e) or proposed civil partner.

Who should apply for a UK Marriage Visitor visa?

The Marriage Visitor visa is for individuals over the age of 18 who wish to visit the UK to get married, or form a civil partnership.

If you intend to give notice of marriage or civil partnership and/or intend to marry or form a civil partnership during your visit to the UK, you will need to hold a valid Marriage Visitor visa.

What does it mean to ‘give notice’ of marriage or civil partnership?

To ‘give notice’ you and your partner must sign a statement at your local register office to say that you intend to get married or form a civil partnership. You must have lived in the registration district for the past 7 days before you can give notice.

If you or your partner are a non-EEA national, you will need to give notice together at a designated register office.

The notice period is 28 clear days – so you must wait at least 29 days before the ceremony can take place. During this waiting period, there is no need to remain in the UK.

What are the requirements for a UK Marriage Visitor visa?

In order to qualify for a Marriage Visitor visa you will need to show that:

  • You are over 18 years old;
  • You are free to give notice of marriage and to marry or enter into a civil partnership in the UK within six months of your arrival
  • You are in a genuine relationship;
  • You will visit the UK for less than six months and will then leave the UK;
  • You have sufficient funds available to you to cover the costs of your visit and your return journey without needing to rely on public funds.

You must not intend to work in the UK, study for more than 30 days or make the UK your home through frequent visits.

Expert:  Lawyer21 replied 23 days ago.

What supporting documents will I need for a Marriage Visitor visa application?

If you apply for a UK Marriage Visitor visa you will need to provide the following documents:

  • Current passport or valid travel document;
  • Proof that you can support yourself during the trip, such as bank statements and payslips;
  • Details of your travel arrangements, such as where you will stay and how long you will stay;
  • Evidence that your relationship is genuine and of the plans you have for your marriage or civil partnership.

If granted, the Marriage Visitor visa will be valid for six months, and during this period you should marry or enter into a civil partnership in the UK.

How much does a UK Marriage Visitor visa cost?

The application fee for a Marriage Visitor visa is currently £95.00.

What is the processing time for a Marriage Visitor visa?

You should get a decision on your UK Marriage Visitor visa application within 3 weeks of attending your visa appointment. You may be able to pay more, to get a quicker decision.

Customer: replied 23 days ago.
Can I do a marriage visitor visa to go to the US and get married.
Expert:  Lawyer21 replied 23 days ago.

If you decide to get married in the US. Then your partner does not need the Marriage Visitor visa. You would apply for a Spouse visa for him to come to join you in the UK

Customer: replied 23 days ago.
I’m going to join him in the USA. We going to live in the US together.
Expert:  Lawyer21 replied 23 days ago.

Right, this was not clear. You would need to therefore change the category to US Immigration Law instead. I will opt out. You should not respond until another Expert picks up your question.

Thank you

Customer: replied 23 days ago.
We want to know what’s best and won’t take the longest time for us to get married. I can travel to the US because I’m Jamaican and only have my Jamaican passport.
Customer: replied 23 days ago.
Okay thank you
Customer: replied 23 days ago.
Hello
Expert:  AlinaK-admin replied 22 days ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Alina-Moderator
Customer: replied 22 days ago.
Okay thank you go ahead.
Expert:  Guillermo Senmartin replied 22 days ago.

First, let me explain that IF you have an ESTA Visa Waiver or a B visitor visa (or will apply for one), you should NOT use an ESTA Visa Waiver or B visitor visa to enter the U.S. if your intent is to stay. If they figure out your intent, one of three things can happen if they deny you entry:

a) They will allow you to withdraw your request to enter the U.S. and you can go home, no penalty.

b) They will not allow you to withdraw your request to enter the U.S. and will order you excluded. This has a 5 year penalty that you cannot come back unless you get a very hard to get waiver.

c) They will not allow you to withdraw your request to enter the U.S. and they catch you in a lie and they exclude you with a permanent bar due to fraud and/or misrepresentation and with that charge you cannot come back unless you get a very hard to get waiver.

IF you don't take my advice and you try to come in because you just can't stand to be separated for the many months it will take for you to get the correct visa to come to the U.S., and you do make it in, then you should wait 90 days or more after entry to marry or you could get charged with visa fraud. Take a look at this link:

https://immigrationworkvisa.wordpress.com/2019/09/17/green-card-adjustment-after-b2-entry/

What is happening is that they are cracking down on people that are using ESTAs and visitor visas inappropriately when they have immigrant intent.

IF you don't take my advice and you are lucky enough to get in, then do not marry until more than 90 days have passed since entry. After you marry, you will need to file an adjustment package. This includes the following forms: I-130 (Petition for family member), I-130A, I-485 (application for Lawful Permanent Residency), I-765 (Application for work permit), I-131 (Application for Advance Parole), I-693 (Medical exam that a certified doctor must fill out), I-944 (Declaration of Self Sufficiency), and I-864 (Affidavit of support). You will need to file each form with supporting evidence and appropriate filing fees. You can find these forms at www.uscis.gov/forms.

The supporting evidence that you would file would be birth certificates, marriage certificate, divorce certificates if either of you have been married previously, proof of your spouse's U.S. Citizenship, proof of your legal entry into the U.S., and financial documents of your spouse to prove their income over the last year at least.

In about 3 to 5 months after filing, the work permit and Advance Parole (travel permit) should be issued. About 5 to 7 months after filing the interview should be scheduled (though now it is taking longer, so maybe closer to 7 to 9 months). If all goes well, a few weeks later the U.S. Lawful Permanent Residency card (green card) should come in the mail.

If you are already married before you enter the U.S., then this will not work and you will probably get charged with visa fraud and your spouse would then have to file an I-601 waiver asking that the government forgive you for the fraud and to win that, which is not guaranteed, your spouse would have to prove EXTREME hardship to themselves if you are not granted the waiver and you can get deported in that case.

If you do take my advice and do it the proper way, then there are essentially three ways for you to come and none are really fast, unfortunately (one if you are not legally married yet and two if you are):

1) The K-1 fiance visa takes around 9 months, but you must have met before at least once during the last two years in order to process it. The I-129F is the form that starts the process. After you enter the U.S., then you have to marry and then you have to file the I-485 (the I-130 and I-130A are not needed) and you will have to wait about 5 to 7 months and get another interview that you attend with your new spouse so that you can get Residency. Remember, to use this method, you cannot be legally married until AFTER entry into the U.S. on the K-1 visa.

2) The K-3 spouse visa takes around 9 months, you must be legally married to start this process. The I-129F and I-130 forms are what start this process. Then after you enter the U.S., you must still file the I-485 and wait for the marriage interview about 5 to 7 months later.

3) The CR-1 visa (or IR-1 if your marriage is more than 2 years old) takes also around 9 months (making the K-3 almost obsolete). You must be married. The I-130 is the form that starts the process. But once you enter the U.S., you enter as a Resident and you do not have to file (or pay for) an I-485 nor do you have to attend an additional interview. You just get your green card in the mail a few weeks later.

So the K-1 and K-3 might be a little faster but generally more expensive. The CR-1 (and IR-1) be a little slower, but generally cheaper. And no, there is no middle-visa that you can use to enter the U.S. while that process is pending. You will most likely have to wait outside.

Here is a link to those visas:

http://travel.state.gov/content/visas/en/immigrate/family/fiance.html

and another link:

http://www.uscis.gov/sites/default/files/USCIS/Resources/Resources%20for%20Congress/Congressional%20Reports/I-129F%20Petition%20for%20Alien%20Fiance%28e%29.pdf

I know you do not want to wait. I know it is very inconvenient. I know you want to be together sooner rather than later, but I have this same conversation two or three times per day on this website. No one ever likes it and believe me, if there was an easier or faster way, I would tell you. I know you will probably say, "but what about this...?" or "but what about that...?" But I will most likely continue to have bad news for you. I am truly sorry. The problem is that the U.S. concerns over security and fraud in this area are more important than a 6 to 9 months inconvenience to you. The way they see it is that if it truly is a real relationship, it will survive that length of time apart. Again, I am truly sorry. I wish I had a faster and easier way to tell you about.

Customer: replied 22 days ago.
Okay. What I planned on doing is after he receives his Citizen he would come to the UK and visit me. When he goes back over to the USA he would then file a Marriage Visitor Visa which it much cheaper for £95 to apply. When he does that, we would then go ahead and give our notice for the marriage. He would then travel back over to the UK when it’s time for our appointment of the notice we gave. I think it’s much easier and cheaper to married in the Uk rather than in the US. I’ve applied for a Visa Visitor in September my appointment is in August. I will only use the visit him and travel back until my filing has been finalised.
Expert:  Guillermo Senmartin replied 22 days ago.

Well, I I can only tell you about U.S. law. Whatever process he starts to get you to the U.S., he has to finish in the same manner. So if he starts the K-1 fiancée visa for you, you CANNOT marry until AFTER you enter the U.S. using the K-1 fiancée visa. If you marry before then, it voids the K-1 process. Remember, any of these processes take 9 months or more. My recommendation is if you will marry in the UK, then he not start anything for you until you marry and then he should file an I-130 to start the CR-1 process. Good luck to you.

Customer: replied 21 days ago.
Oh yes, that’s what we will do thank you
Expert:  Guillermo Senmartin replied 21 days ago.

You are very welcome. If you need additional help on this case, just reply here and I will help if I can. For any different cases in the future, remember to use FOR GUILLERMO in the subject line and message box so that no one else grabs the question and I can become your personal immigration consultant.