Question:
Me (USA citizen) and my Fiance (British
Citizen) have been together now
for 3 years. We are planning on
marrying on September 7th here in
USA and then i would apply for an
Entry Clearnce to move to the UK
to live with him. This move will
not be perment. We are planning
for us to live there for 1-2 years
(UK), both working and saving up
to move to the USA permently. I
just have a few questions on all
this....
1. Does my
fiance need to file any forms before
coming to the USA in September to
marry me?
2. How long
does it take to get an Entry Clearnce?
Is this something i should start
doing now, or is just something
that takes a week and i can do after
the wedding? (would i be able to
obtain it in time to fly back home
with him after the wedding when
hes been here for like 2-3weeks)
3. If i get
the Entry Clearnce, am i able to
work in the UK and have health care
benefits?
4. When time
comes for us to make our move to
the USA, which forms would we need
to file for my then husband? Will
this be hard to obtain? Lee, my
fiance works as a Croupier in Casinos
so we are thinking of living in
Vegas when we move to the USA together.
If anyone who has read this, and
is doing this, or knows about this,
could you help me with my questions...
many thanks.
Answer:
1 - He does not need any form to
get married in the US as long as
he is staying less than 90 days.
But he should bring proof with him
that he has strong ties to the UK
e.g. a job, and that he will return
there after the trip (a return ticket
is good also). http://www.usembassy.org.uk/cons_web/faqs/iv/faq_spouse.htm#one
2 - Some Britsih
embassies issue these on the same
day, some take a few days. BE SURE
to have all the necessary documentation
with you before you go there as
they will have no qualms about turning
you down, if you don't have a required
document. http://www.britainusa.com/visas/guidance/Settlement_Spouse.asp
3 - If you
get Entry clearance as a spouse
you WILL be able to work. Entry
clearance is given initially for
1 year. Near the end of this year
you must apply for Indefinite Leave
to Remain. It is a good idea to
do this before you return to The
USA as then you will be able to
come back to the UK any time and
work, without going through entry
clearance applications http://www.ind.homeoffice.gov.uk/default.asp?pageID=106
4 - When you want to return to the
US (and you are married) you will
need to file an I-130 petition for
you spouse ($130) with the INS at
the London Embassy.
It is actually
quicker doing this throught the
UK than if you are in the US (however
it can only be done if you have
UK entry clearance as described
above)!!! When this is approved
you will then be sent the Packet
3 forms by the visa section, and
when they are completed, you send
them back and then get an interview
for the visa issuance. In most cases
if you have all the required documents,
immunisations and no criminal record
your spouse will be issued the visa
on that day. This process can take
2-4 months so start it well before
you want to return to the US.
