Understanding the Marriage Visitor Visa
Table of Contents
If you are a non-EEA national, and you want to marry or register a civil partnership in the UK, you may need to apply for a Marriage Visitor visa. This visa is suitable for those who want to come to the UK for a short period, usually up to 6 months, to marry or register a civil partnership, and then leave the country.
To apply for a Marriage Visitor visa, you need to meet certain eligibility criteria. You must be at least 18 years old, in a genuine relationship, and intend to leave the UK at the end of your visit. You must also prove that you can support yourself financially during your stay in the UK and that you have suitable accommodation.
To apply for a Marriage Visitor visa, you need to provide certain documents, such as your passport, proof of your relationship, and evidence of your intention to marry or register a civil partnership. You may also need to provide a tuberculosis test certificate, depending on where you are applying from.
It is important to note that a Marriage Visitor visa does not allow you to work or study in the UK. If you want to do so, you will need to apply for a different visa.
If you are already in the UK on a different type of visa, such as a visitor visa, you may be able to switch to a Marriage Visitor visa, but you must do so before your current visa expires.
Overall, the Marriage Visitor visa is a suitable option for those who want to come to the UK for a short period to marry or register a civil partnership. Make sure you meet the eligibility criteria and provide all the required documents when applying for this visa.
Eligibility Criteria
To apply for a Marriage Visitor visa, you must meet certain eligibility criteria. Here are the requirements you must fulfill:
Relationship Status
To apply for a Marriage Visitor visa, you must be in a genuine relationship. This means that you must intend to get married or enter into a civil partnership within six months of your arrival in the UK. You must also have met your partner in person and have evidence of your relationship, such as photographs, emails, and letters.
Age
You must be at least 18 years old to apply for a Marriage Visitor visa.
Immigration History
You must not have breached any immigration laws in the UK, and you must not have been deported from the UK or any other country. You must also not have been refused entry to the UK in the past.
Financial Requirements
You must have enough money to support yourself during your stay in the UK without recourse to public funds. You must also have enough money to pay for your return journey.
Bona Fide Relationship
You must demonstrate that your relationship is genuine and subsisting. This means that you must provide evidence of your relationship, such as photographs, emails, and letters. You must also show that you intend to leave the UK at the end of your visit.
Same-Sex Spouses
If you are in a same-sex marriage, you are eligible to apply for a Marriage Visitor visa. The UK recognizes same-sex marriages and civil partnerships.
Opposite-Sex Spouses
If you are in an opposite-sex marriage, you are eligible to apply for a Marriage Visitor visa. The UK recognizes opposite-sex marriages and civil partnerships.
U.S. Citizen
As a U.S. citizen, you are eligible to apply for a Marriage Visitor visa if you meet the eligibility criteria outlined above.
Spouse
If you are married to a UK citizen or settled person, you may be eligible to apply for a Marriage Visitor visa. However, if you intend to settle in the UK permanently, you should apply for a spouse visa instead.
USCIS
The United States Citizenship and Immigration Services (USCIS) does not have any specific requirements for a Marriage Visitor visa. However, you should ensure that you meet the eligibility criteria outlined above before applying for a Marriage Visitor visa.
Application Process
If you are planning to visit the United States to marry a U.S. citizen, you will need to obtain a Marriage Visitor visa. The application process for a Marriage Visitor visa involves several steps, including filing a petition, submitting an application, undergoing a medical examination, attending an interview, and paying the required fees.
Filing the Petition
The first step in the application process is to file a petition with the U.S. Citizenship and Immigration Services (USCIS). The petition, Form I-130, Petition for Alien Relative, is used to establish the relationship between you and your U.S. citizen fiancé(e) or spouse. Once the petition is approved, it will be forwarded to the National Visa Center (NVC) for further processing.
Visa Application
After the petition is approved, you will need to apply for a Marriage Visitor visa by submitting an immigrant visa application, Form DS-260, Online Immigrant Visa Application. You will also need to submit supporting documents, such as your birth certificate, marriage certificate, and police certificates.
Medical Examination and Civil Documents
Before attending your visa interview, you will need to undergo a medical examination by a physician approved by the U.S. embassy or consulate. You will also need to provide civil documents, such as your birth certificate and marriage certificate, as evidence of your identity and relationship with your U.S. citizen fiancé(e) or spouse.
Interview and Decision
Once your visa application is complete, you will need to attend an interview at the U.S. embassy or consulate in your home country. During the interview, a consular officer will ask you questions about your relationship and your plans in the United States. After the interview, the consular officer will make a decision on your visa application.
Fees and Payment
To apply for a Marriage Visitor visa, you will need to pay the required fees, which include the petition filing fee, visa application fee, and medical examination fee. You can pay these fees online or at a designated payment location in your home country.
Overall, the application process for a Marriage Visitor visa can be complex and time-consuming. However, with careful preparation and attention to detail, you can increase your chances of a successful application and a happy future with your U.S. citizen fiancé(e) or spouse.
Rights and Restrictions
If you are granted a Marriage Visitor visa, you have certain rights and restrictions that you must abide by during your stay in the United States. This section will provide you with an overview of your rights and restrictions.
Work and Employment
Under a Marriage Visitor visa, you are not permitted to work or engage in any business activities while in the United States. If you wish to work in the United States, you must apply for a different visa that permits employment. You may, however, participate in activities related to your profession, such as attending conferences or meetings.
Adjustment of Status
A Marriage Visitor visa does not allow you to adjust your status to that of a lawful permanent resident (LPR) or apply for a green card. If you wish to become an LPR, you must leave the United States and apply for a green card from your home country.
Duration of Stay
Your Marriage Visitor visa allows you to stay in the United States for a maximum of six months. If you need to stay longer than six months, you must leave the United States and apply for a new visa.
When you arrive in the United States, a Customs and Border Protection (CBP) officer will determine the length of your stay based on the information you provide and the purpose of your visit. It is important to be honest and provide accurate information to the CBP officer.
Transit and Port-of-Entry
When you arrive in the United States, you will go through customs and immigration at a port-of-entry. You will need to present your passport, visa, and any supporting documentation to the CBP officer. The CBP officer will ask you questions about your visit and may ask to see your return ticket.
It is important to note that a Marriage Visitor visa does not guarantee entry into the United States. The CBP officer has the authority to deny entry if they believe you do not meet the requirements for entry or if they have concerns about your intentions while in the United States.
In summary, a Marriage Visitor visa allows you to visit the United States to marry your fiancé(e), but it comes with certain restrictions. You are not permitted to work or apply for permanent residence, and you must leave the United States after six months. When you arrive in the United States, you will go through customs and immigration at a port-of-entry, and the CBP officer will determine the length of your stay.
Potential Issues and Solutions
As with any visa application, there are potential issues that may arise during the Marriage Visitor visa process. Being aware of these issues and understanding how to address them can help make the process smoother. Here are some potential issues and solutions to consider:
Visa Denial
One of the most significant potential issues is visa denial. If your visa application is denied, it can be frustrating and disappointing. However, there are steps you can take to increase your chances of approval. Before applying, make sure you meet all the eligibility requirements and provide all the necessary documentation. If you receive a denial, you can appeal the decision or reapply with additional evidence.
Deportation
If you are in the United States on a Marriage Visitor visa and do not follow the terms of your visa, you may face deportation. This could happen if you overstay your visa or engage in unauthorized work. To avoid this, make sure you understand the terms of your visa and follow them closely.
Visa Fraud
Visa fraud is a serious offense that can result in criminal charges and a permanent bar from entering the United States. It is important to be honest and provide accurate information on your visa application. If you are caught committing visa fraud, you may face severe consequences.
30/60 Day Rule and Preconceived Intent
The 30/60 day rule is a guideline used by immigration officials to determine whether a Marriage Visitor visa holder has violated their visa terms. If you marry a U.S. citizen or lawful permanent resident within 30 days of entering the United States, it may be seen as evidence of preconceived intent to stay in the country. If you marry between 30 and 60 days after entering, it may be seen as evidence of a change of heart. To avoid issues with the 30/60 day rule, make sure you understand the terms of your visa and follow them closely.
In conclusion, while there are potential issues that may arise during the Marriage Visitor visa process, being aware of them and understanding how to address them can help make the process smoother. If you have any questions or concerns, consider consulting with an immigration lawyer or reaching out to the appropriate authorities for guidance.
Frequently Asked Questions
What is a Marriage Visitor visa and who is eligible for it?
A Marriage Visitor visa is a type of visa that allows you to come to the UK for up to 6 months to get married or register a civil partnership. To be eligible for a Marriage Visitor visa, you must be 18 years or over, in a genuine relationship, and plan to leave the UK after your wedding or civil partnership ceremony.
What is the difference between a Marriage Visitor visa and a Spouse visa?
A Marriage Visitor visa is for those who want to get married or register a civil partnership in the UK and then leave the country. On the other hand, a Spouse visa is for those who are already married or in a civil partnership with someone who is settled in the UK and want to join them in the country.
What are the required documents for a Marriage Visitor visa application?
To apply for a Marriage Visitor visa, you will need to provide your passport or travel document, evidence of your future plans after leaving the UK, proof of your relationship with your partner, and details of your wedding or civil partnership ceremony. You may also need to provide other documents depending on your individual circumstances.
How much does a Marriage Visitor visa cost?
The current fee for a Marriage Visitor visa application is £95. However, additional fees may apply depending on your individual circumstances.
Can I get married on a Marriage Visitor visa in the UK?
Yes, you can get married or register a civil partnership on a Marriage Visitor visa in the UK. However, you must leave the country within 6 months of entering and cannot apply to extend your stay.
What happens if I get married on a Visitor visa?
If you get married on a standard Visitor visa, you will not be able to switch to a Spouse visa from within the UK. Instead, you will need to return to your home country and apply for a Spouse visa from there. It is important to note that getting married on a standard Visitor visa is not allowed if you are specifically coming to the UK to get married or register a civil partnership. In this case, you must apply for a Marriage Visitor visa.