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Getting married in Scottland...

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Marriage | Unmarried Partners | Fiancé | Ancestry

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mcarr1007
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Getting married in Scottland...

Post by mcarr1007 » Sat Mar 15, 2008 4:27 pm

After speaking with my fiancee we have decided to go along with a civil marriage and plan a religious ceremony for family and friends in the future. She had mentioned getting married in Scottland because I would not need a visa, is this true. What i am reading is that i would still need a spouse visa as I cant change a visitors visa (no visa at all) as I am in the states, to a spouse visa. This would solve the problem of being able to work and support us right away.

It just sounds too good to be true after the reserch I have done on getting a work permit first and then planning a large wedding later.

Advice??? It is ALL so confusing.

yankeegirl
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Location: Northern Ireland

Post by yankeegirl » Sat Mar 15, 2008 4:49 pm

It is true that you can marry on a visitor visa, theoretically. However, in order to do so, you would need to apply for a Certificate of Approval through the Home Office. The fee for this is £295. Alternatively, you can apply for a fiance visa (£500) or a visit for marriage visa (£63).

Now, if you enter on a visitor visa, apply for the COA, and then marry, you will still have to return home to apply to re-enter as a spouse. This must be done before your stay as a visitor expires so as not to overstay, as the British government are implementing madatory bans on overstayers effective 1 April. You will not be able to work until you re-enter as a spouse. Marrying in the UK is not as simple as in the US, there's additional paper work and longer waiting periods.

If you enter as a fiance, you will not be able to work on the fiance visa. The visa is valid for 6 months, and once married, you can then apply for further leave to remain as a spouse from within the UK which is valid for 2 years). The cost of this application is £395. As soon as you have FLR, you will be able to work

Alternatively, your partner can go to the US and you can marry there, and then apply for the two-year spouse visa from the British consualte and be able to work as soon as you come to the UK. Since you are planning to settle in the UK, your partner can just enter the US on a visa-waiver, no fiance visa is needed, and depending on where you live, the waiting period can be none to a few days. My husband and I did this. We got married in NYC 24 hours after applying for the marriage license. You can then also plan to have a church blessing or some type of ceremony to celebrate with friends/family after you arrive here.

mcarr1007
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Joined: Fri Mar 14, 2008 1:54 pm
Location: washington dc

Post by mcarr1007 » Sat Mar 15, 2008 4:58 pm

That is fantastic news and advice... Thank you.

I had thought to marry here as well. The problem is my fiancee has 2 small children. Every time she comes to visit me here is is a huge hasle, Is why i go there more often.

Sounds like the best way of doing this is to get a visit for marriage visa... do you have any idea how long this takes? I have tried to do the reserch and i can never seem to get time frames on anything.

Thanks again. :)

yankeegirl
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Post by yankeegirl » Sat Mar 15, 2008 6:24 pm

Have a look on www.britainusa.com

They've recently changed the procedure a bit. When you are ready to apply, you'll do the application online, and once that is done, it will have you make an appointment to give your biometric data (fingerprints and such). This will be done at a USCIS office where you live. Once you have that done, you send all of the supporting documentation to the British consulate. (NY, Chicago or LA, depending on where you live). It takes about a week or two on average to process. If you are pressed for time, you can send all the docs via courier (there are a list of approved couriers on the website).

You may need some evidence of intent to marry in that time frame. I'd imagine a provisional booking with the registrar, etc.
You will need to show evidence that you plan to enter into a marriage or civil partnership during the period for which you are granted leave (which will be for six months).
http://www.ukvisas.gov.uk/servlet/Front ... 642519#Q16

yankeegirl
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Location: Northern Ireland

Post by yankeegirl » Sat Mar 15, 2008 6:28 pm

Just wanted to add that I saw you're in DC, so your application will go to the New York consulate.

vinny
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Post by vinny » Sun Mar 16, 2008 12:51 pm

See also 10.10 - Visit for marriage or civil partnership and 13.4 - Fiancé(e)s/proposed civil partners and how they qualify and Getting Married in Scotland.

As yankeegirl pointed out, visit for marriage or civil partnership visa holders must depart from the UK before their visa expires. If married, they may subsequently apply for a spouse visa outside the UK. However, fiancé(e)s/proposed civil partners visa holders may switch to FLR(M) in the UK after marriage and before their visa expires.

See also SET(M).
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

mcarr1007
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Joined: Fri Mar 14, 2008 1:54 pm
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Post by mcarr1007 » Sun Mar 16, 2008 8:43 pm

It looks like she may be able to fly over for a couple days in two weeks... the America plan may work out after all. Do you have anymore advice you can give me yankee? God I hope you are not a Yankee fan. :p Go Tribe!!!

Thanks again...

Btw... I am actually in Virginia but I see no issues there.

Did they require any special paperwork for your husband I guess is one thing I am unsure of...

yankeegirl
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Location: Northern Ireland

Post by yankeegirl » Mon Mar 17, 2008 11:19 am

No real advice other than to check out the marriage requirements where you are in Virginia. Get in touch with the County Clerk where you are and find what's needed for the marriage license and how soon after it's issued you can get married.

When we got married in NY, all we needed to get the marriage license were our passports for ID. It was a really easy process.

As far as her entering the US, just have her answer any questions honestly. She doesn't have to divulge more than what is asked. It's perfectly legal to marry in the US without a visa as long as the person does not intend to settle there after the marriage. We had all of the documentation needed for my visa application to show that there was no intent to settle, but it never even came up. The guy just asked if my husband was there on vacation and told him to enjoy his stay lol.

mcarr1007
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Posts: 10
Joined: Fri Mar 14, 2008 1:54 pm
Location: washington dc

Post by mcarr1007 » Mon Mar 17, 2008 1:59 pm

I saw your response in my benifits thread... again you help and I apreciate that. I just want to do whats right and not put my fiancee under any stress...

That being said... WOW $1050 it costs for a spousal visa!

yankeegirl
Senior Member
Posts: 697
Joined: Thu Nov 09, 2006 7:52 pm
Location: Northern Ireland

Post by yankeegirl » Mon Mar 17, 2008 3:06 pm

WOW $1050 it costs for a spousal visa!
Lol! Yep, long distance relationships and immigrating are definitely not for the faint-hearted.

Btw, I'm not a Yankees fan lol. I haven't followed baseball since I was a kid, but back then it was the Twins all the way.

You might also want to check out www.uk-yankee.com It's a site for Americans in the UK and has all sorts of info, not just immigration stuff.

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