British Expatriate Network

My fiance and i are planning on getting married in New York. We both live in the UK but she is an american citizen. We then plan to go the I130 route so we can live together in the US. Is our marriage in New York valid for this route and also is there difficulty with us getting married in the states, i.e. are there copious forms etc? What are the timeframes once we are married going down the I130 route? Thanks for any advice....

I don't think being married in the US will be a problem per se - the I130 is for alien relatives, so the issue is whether you are a relative, a legitimate marriage shows that.

The issue you may have, and should check on before flying, is that when you come to the US for the wedding you will likely come in on a I90 visa waiver as a tourist.
I've not completed one of those for a long time, but I'm not sure what the response would be if you put that your purpose of visit was to marry a USC.

The concern of USCIS is that you are not going to stay.

Therefore
(1) check whether there are any special visa requirements for visiting the US to marry and
(2) when you do visit, make sure you bring plenty of information showing that you have ties to the UK and will be returning (return ticket, bank statements, proof of ownership of home, letter from employer showing you have a job abd they expect you back etc.)

good luck

Don't you need a K-1 fiance visa? I got married on a Visa Waiver, but the intent was that we'd live in the UK. If the intent is to live in the US, a K-1 visa is required.

http//www.usembassy.org.uk/cons_new/visa/iv/fiance.html

Good point, I read the post as suggesting they would marry in NY and then return to the UK before coming back, however it doesn't actually say this.

I would think it would need the K1.

Now, as someone who didn't do it that way and did come in on a Visa Waiver and married, it could work out but it's a) a bit of a gamble and b) silly because it delays things like work permits and possible other red tape.