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UK chap to Marry USA girl,Fiance visa or K3 visa??!

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rymetymeuk
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UK chap to Marry USA girl,Fiance visa or K3 visa??!

Post by rymetymeuk » Thu Jul 06, 2006 5:51 pm

Hey all

I want to move to the USA to be with my fiance, but we're not sure which visa will enable me to move there quicker...the fiance visa or the marriage visa?

we could marry in either country..

also, i understand there are some financial requirements such as savings evidence before they are happy that you wont claim benefits, is this the case? i have a house without a mortgage but no savings, so not sure how to play that.

any advice would be really appreciated.

thanks

vilkatis
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Re: UK chap to Marry USA girl,Fiance visa or K3 visa??!

Post by vilkatis » Fri Jul 07, 2006 11:37 am

rymetymeuk wrote:move to the USA [...] not sure which visa will enable me to move there quicker...the fiance visa or the marriage visa?
Speed or stability ?

The marriage visa, if you can qualify, is quite a bit stronger. I don't which would be ''faster,'' mainly due to the fact that either visa can be drawn out depending on many details of your life history and how perfect the application is performed.
rymetymeuk wrote:we could marry in either country..
If you're planning on permanent immigration, green card & citizenship in the U.S., a U.S. marriage will generally help.
rymetymeuk wrote:i understand there are some financial requirements such as savings evidence before they are happy that you wont claim benefits, is this the case?
Absolutely.

There are minimum requirements, although recently they got a little bit easier in some cases.

Assuming your finace is American, she can sponsor you as a spouse for a green card ... and there are some forms that will have to be submitted proving substantial financial resources to support you in the States.

Anything you have above the minmum requirements helps, to a certain degree. Generally, if you can show 200% of the minimum requirement, you get your best boost to your evaluation. I mean, 300% or 5000% beyond the minimum does not hurt, but it doesn't help all that much extra.

If you own a house outside the U.S. and you can demonstrate income from it for rental (?) ... it's more about cashflow that you need to spend on living expenses than it is about assets that you can't spend. The U.S. (actually, all governments) wants to know how you will afford medical coverage, pay for car, rent, food, etc.

Your job is to prove it.

-- vilkatis

[ EDIT : afterthought - no reason why you can't get married in both countries, civil and church unions. If you're into a big family/formal wedding, choose one of the services for the big party and do the other three all low-key. Documents from all services can't hurt prove that you're really married.

I don't know how familiar you are with American culture these days, but records of being married in a Christian church will (somewhat unjustly) prejudice most immigration officials on the U.S. side toward considering it a "legitimate" marriage.

Don't know about UK, but civil unions in the U.S. can generally be performed in a local courthouse for minimal expense; many people do this and then later plan a big wedding at a church when they can afford it. It would not be all that unusual and shouldn't raise any concerns on immigration issues ... it seems it can only help.

Just a thought .. not formal/legal advice. ;) Luck!]

rymetymeuk
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Post by rymetymeuk » Fri Jul 07, 2006 9:31 pm

thanks very much for the reply, much appreciated.

i will be having rental income of approx $900 a month and will get a job asap after being allowed to work, but i wont have a job already to go to.do you think this will severely disadvantage me?

we would marry in a civil marriage in the UK in a registry office, and then have our "official" wedding there once we know we;re able to do so...again, do u think this would be ok?

thanks again

:)

vilkatis
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Post by vilkatis » Fri Jul 07, 2006 10:50 pm

.

I'm no expert here. Just a yank with some insight into cross-atlantic migration.

Regarding your rental income, figure out what you can demonstrate as disposable income .. after taxes, after bank transfer fees, etc.

Let's go with $1000 USD after taxes. At approx. 33% tax rates, that would be the equivalent of ~$18,000/year USD salary (I'm painting with a broad brush for estimates and general guidlines).

A family of three is considered to be below the poverty line on an annual income of ~$14,000 USD. So, from your property rental, you are demonstrating an income for yourself that is above the poverty line, generally.

Now, what city are you headed to ...?

Washington DC, Los Angeles, New York .... poverty level would be something more like ~$25,000 for one person.

You get the picture. Assets that you can't liquidate and spend don't hurt to list, butthey probably don't help.

BUT, combined with your wifes income, you can probably demonstrate comfortably that you have financial means.

Start job-hunting .. if you can show some serious prospects, or even a conditional offer, you'd be sitting pretty. If some friend can provide a job offer for your application .. it would have to be legitimate through a properly registered business, but once you're actually in the States there's no reason why the offer can't ''fall through'' for some reason, allowing you to look for other work.


Your age and education and work experience are all factors, too. Play them up to the maximum on all forms. It shows you are employable and will be part of the professional workforce, not some welfare case.

So far, though, it looks like you're in about as good a shape as you can expect for solid consideration & approval for a green card.


As a Brit, your path will be easier than almost anyone else in the world.

Your fiance can ask the American embassy in the UK for assistance and advice, you can ask the British embassy in the U.S. for advice. Highly recommended that you both get familiar with your respective embassy websites. In detail.

My experience has been that the UK embassies are more helpful and rational. U.S. embassies tend to be more uptight and unhelpful.


Also, this website is your life for a while; get very familiar with it :

http://www.uscis.gov/graphics/index.htm

For example, you want to know what the Updated Affidavit of Support Guidelines are :

http://www.uscis.gov/graphics/publicaff ... 2106FS.pdf

Your wife will be filling out these forms for your green card application.

Again, I can point you in this direction, but I haven't gone through it, so you're gonna have to do a lot of your own research on this.


Uh, having your ''official'' wedding ''there'' translates to in the U.S. ...?

Check into it to be sure. I'll take a guess here, but keep in mind I could be very wrong.

I think that the U.S. will consider it favorable if you are already wed before you begin the application process. Meaning, the civil service in the UK can only be to your favor.

Don't underestimate the power of Christian church documents, even if you have a small four-person chapel service. The U.S. is a bit religion-batty these days; the president thinks that God talks to him and about 50% of the country believes him.

Civil services only tend to look like marriages of convenience and might mark you for a bit of extra scrutiny. Again, as a Brit, you will generally not be in for such a tough time, especially if you come into it prepared and looking professional & educated, etc. A civil marriage and demonstration that you have plans for a church wedding should be more than enough.

-- vilkatis

John
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Post by John » Fri Jul 07, 2006 10:51 pm

vilkatis wrote:no reason why you can't get married in both countries, civil and church unions
Well there is as far as the UK is concerned. That is it would be legally impossible for a UK legal wedding to follow a US (or anywhere else) marriage. The reason is quite simple. When giving the required Notice of Intention to Marry the parties to the intended marriage need to certify that they are not married ..... but they would be married .... albeit to each other.

Would a US (or anywhere else) marriage be recognised as valid in the UK? Yes, the UK recognises marriages conducted outside the UK as long as they are legally recognised as valid in the country in which they take place.

So vilkatis are you saying that if this couple get legally married in the UK, they can get legally married again in the States? Are you sure?[/quote]
John

vilkatis
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Post by vilkatis » Fri Jul 07, 2006 11:17 pm

John wrote:it would be legally impossible for a UK legal wedding to follow a US (or anywhere else) marriage. The reason is quite simple. When giving the required Notice of Intention to Marry the parties to the intended marriage need to certify that they are not married ..... but they would be married .... albeit to each other.
OKay .. I'm out of my depth on that one.

I based my suggestion on the fact that I happen to know a couple who actually had to get married three times. It did not involve the UK, but you might be amused by this :

They were married by civil union in Latvia circa 1995. An American and a Australian-Lativian. Went through a lot of paperwork in Latvia for that.

Then, when they got to the U.S., AFTER the Latvian wife had been granted residency, the U.S. decided that a civil union in Latvia might not be good enough. Circa 1998 they were re-married in a civil union in the U.S. Good thing, too, as their first born was on his way.

Now, they return to Latvia in 2001 and Latvia decides it doesn't like the paperwork from their first marriage in Latvia .. so they go through it all over again.


Now, I also based my opinion on the fact that numerous couples take their marriage vows more than once for various reasons. Even though they're married to each other already, I've never heard of anyone stopping them from going to the altar a second time.

I suppose that I should be making a clearer distinction between a civil marriage and a religious ceremony .. but I am also aware of folks who have a civil union and a church wedding later.

I can't discuss how this goes over in the UK since I'm completely uninformed on the subject there.

John wrote:So vilkatis are you saying that if this couple get legally married in the UK, they can get legally married again in the States? Are you sure?
Um. When you put me on the spot like that ... no.. I'm not as sure as when I first posted.

I know it can be done based on what I've seen before. But there could be some interesting snafu involving British law that I'm unaware of.

I think the Notice of Intention to Marry probably allows that a couple may already be married in another jurisdiction ... but that would depend on each jurisdiction. Regarding the U.S., I'm fairly certain of it.

I did try to give myself an escape clause here :
I wrote:Check into it to be sure. I'll take a guess here, but keep in mind I could be very wrong.
Not trying to be flippant. I honestly can't imagine most rational governments won't allow a couple to get married as many times as they wish, so long as it is repeatedly with each other. But, I watched a lot of Monty Python over the years, so I can imagine that there is a Ministry of Multiple Marriages within the Home Office of the Spanish Inquisition.

-- vilkatis

John
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Post by John » Fri Jul 07, 2006 11:40 pm

In the UK it is not unusual for a couple to have what is commonly known as a Wedding Blessing. This takes place in a Church or other religious building and quite specifically it is not a legal wedding. That will have already happened elsewhere, maybe in a Register Office in the UK, or possibly somewhere overseas.
John

rymetymeuk
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Post by rymetymeuk » Fri Jul 07, 2006 11:43 pm

i know that i could marry in a registry office and then have our vows "renewed", but i cant marry twice. but thats ok for me.

my fiance is in texas...id be earning the $900 approx as a net figure, and will have say $25,000 savings. my partner is a student so wont be working.

i appreciate your time and replies, they're great. thanks so much.

maybe being america's 51st state can have some benefits :P

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