If my fiance and I want to marry in the U.S. and plan to live in Great Britain for the next couple of years, do we still apply for the K1 fiancé visa? What happens after we are married?

Question

If my fiance and I want to marry in the U.S. and plan to live in Great Britain for the next couple of years, do we still apply for the K1 fiancé visa? What happens after we are married?

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Answer

Meredith,

Generally, a fiancé visa is for foreigners who want to immigrate to the US and obtain a permanent resident green card after marriage. In your case, there is no need to obtain a fiancé visa so long as your fiancé will depart the U.S. on time as a visitor. Marriage is according to State law, not Federal immigration rules so there is no violation of Federal rules when you marry in a State.

He can use the visa waiver program, or ESTA form, to enter the US. However, upon arrival in the U.S. his entry as a visitor may be blocked if he announces he came to marry you in the U.S. A Customs Border Agent (CBP) can choose to block his entry if there is a risk that your fiancé may overstay his welcome in the U.S. after marriage. The trick is to clear inspection at a port of entry to the US without misrepresenting.

• The foreigner must always be open and honest when speaking with an immigration officer and let the officer decide whether or not to let him in. There is no need to volunteer that you are getting married. Saying you are simply coming to visit family and friends can be enough of an initial answer. If the officer wants to dig a bit deeper and learn more, you should listen to the question asked and answer openly. 
• It would help to bring good evidence that your fiancé will depart the U.S. after the marriage here. Strong evidence would include things that show he must return to the UK, such as an employment letter and paystubs, home or car ownership, a rental agreement for a flat, and so forth. There is no assurance that he will be allowed entry as a visitor in order to marry, but this is the quickest choice and it is legal.

If you have large, expensive wedding plans, then a fiancé visa is less risky. The fiancé visa is a long process currently, but it will better secure his ability to attend his own wedding in the US. You mention that you will be in Britain for a couple of years. If after that time you want him to immigrate to the US, then it helps to have an immigration plan now. Also, once married, your husband may no longer be able to visit the U.S. if there is a risk he may overstay his welcome as a visitor. Given his marriage to a U.S. citizen, there is an inherent risk of overstay. If you have an interest in setting out an immigration plan for your fiance, you are welcome to call me.

Kind regards,
Allan