UK Immigration Law
Have UK Immigration Law Questions? Get Answers Now.
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?
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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...
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?
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:
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.