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Maverick, Advocate
Category: UK Immigration Law
Satisfied Customers: 5735
Experience:  20 years proefessional experience
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My Partner is coming here visit, but we meant online. He is

Customer Question

Hi My Partner is coming here for a visit, but we meant online. He is initially coming for a visit but we plan to marry what would be the best steps. Marry Here or USA
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: What visa would him or I need to apply for after he visits. Can he change and get a visa while here
JA: What is your official status? Do you have any pending applications or petitions with USCIS?
Customer: What is USCIS. I am British Citizen. I originally attempted to go USA for a visit but was declined so he has decided to visit UK
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Immigration Lawyer about your situation and then connect you two.
Submitted: 4 months ago.
Category: UK Immigration Law
Expert:  Maverick replied 4 months ago.

1. Why was your visit to the USA declined?

2. Do you plan to live in the USA after marriage or in the UK?

3. Is your partner a USA Citizen?

Customer: replied 4 months ago.
My visa was declined as I wanted 6 months but they said I did not have strong ties to UK to prove I would return. Therefore I wasn't sure if to re apply or just do the fiancé visa. We don't mind where we stay, whichever is the easiest process. In the UK I have a good job and finances are better
Customer: replied 4 months ago.
My partner was born in USA
Expert:  Maverick replied 4 months ago.

Welcome to Just Answer (“JA”)! My name is Maverick.

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Answer will follow in the pane below in a short while….

Expert:  Maverick replied 4 months ago.

No point in reapplying unless you are willing to wait several years. Rather, your partner can petition for you to enter the U.S. on a K-1 visa in order to get married in the United States. After the wedding, your new spouse can apply for a green card, if desired. Or, you can also choose to get married first in the United Kingdom and then apply for an immigrant visa with which to enter the the United States. The visa will turn into a green card when you arrive.

More to come...

Expert:  Maverick replied 4 months ago.

Foreign nationals, like your partner, who wish to come to the UK to marry may be granted an initial six month visa during which time you should marry. He should then make an application for leave to remain as a spouse in the UK. Foreign nationals who are in the UK on a visitor’s visa may not usually transfer this to a marriage visa. To reduce the incidence of foreign nationals marrying UK citizens to obtain leave to remain, people who are subject to immigration control may have to obtain a Certificate of Approval of marriage from the Home Office before they are permitted to marry in the UK.

So these are your two alternatives. Does this answer your question?

Customer: replied 4 months ago.
Which in your experience is the easiest process between the two countries?Plus if I did the USA one does it matter I was declined the Tourism Visa?
Customer: replied 4 months ago.
Furthermore we originally met online, is there additional proof we need to show for the validity of our relationship? timeframe before applying etc
Expert:  Maverick replied 4 months ago.

The declined tourist visa should not have any effect on your K-1 visa. As far as what is easiest, that really depends on where the two of you want to ultimately reside as one of you will need to eventually apply for residency in the other's country. That decision should not be based on which country's immigration process is easiest as there are more important lifestyle and financial factors that should control. Both countries are going to have about the same waiting periods and paperwork that needs to be filed.

Here are the forms and instructions to apply for a k-1 visa in the USA.

If your partner petitions for a fiancé(e) visa, he must show that:

  • He is a U.S. citizen.
  • He intend to marry within 90 days of your entering the United States.
  • He and you are both free to marry and any previous marriages must have been legally terminated by divorce, death, or annulment.
  • You met each other, in person, at least once within 2 years of filing your petition. There are two exceptions that require a waiver:
    1. If the requirement to meet would violate strict and long-established customs of your or your fiancé(e)’s foreign culture or social practice.
    2. If you prove that the requirement to meet would result in extreme hardship to you.

Once issued, the fiancé(e) visa, it allows you to enter the United States for 90 days so that your marriage ceremony can take place. Once you marry, you may apply for permanent residence and remain in the United States while USCIS processes the application.

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