# Visa for my US Wife (spouse or EEA?)



## Bjarku (Jun 18, 2012)

have to keep this short initially as im at work ( ) but my fiance and i are getting desperate. she is a US citizen, im a UK citizen. we're getting married in the US in 2 months, and she is coming over here with her pets (selling her car to have them shipped).

i dont earn the 18600 a year needed for a spouse visa and FLR, so we're looking for her to come over here for 6 months as a visitor while i work and we both live with my parents to save money, then we'll move to ireland/france/sweden/somewhere in the EU (i could poss. get irish citizenship through grandmother), work in one of these countries for 6mos while we live together, then return to the UK for an EEA family permit.

is this pretty much our best bet as a couple? once her pets are here we have to be together somehow. could she work possibly while we lived in ireland/france/sweden?

thanks for any advice. would particularly like joppa to weigh in if he has time


----------



## 2farapart (Aug 18, 2011)

One option is cancel your wedding and apply NOW to marry in the UK on the fiancée visa - even if just a register office ceremony and then return later to have your full church wedding in the US. By doing this, you would be able to avoid the new rules and would just need to prove you could support your wife on a spare £111.45 per week after housing costs have been deducted, and that you have somewhere to live.

I'm not sure about the other options because your wife would need to qualify for visas to settle in other countries too.


----------



## Bjarku (Jun 18, 2012)

2farapart said:


> One option is cancel your wedding and apply NOW to marry in the UK on the fiancée visa - even if just a register office ceremony and then return later to have your full church wedding in the US. By doing this, you would be able to avoid the new rules and would just need to prove you could support your wife on a spare £111.45 per week after housing costs have been deducted, and that you have somewhere to live.
> 
> I'm not sure about the other options because your wife would need to qualify for visas to settle in other countries too.


that could be a possibility but surely by the time we're married and she's living here and comes to apply for her FLR the new rules will be in place and i'll have to be earning 18500 a year? thanks for your input, i hadnt considered this route but maybe its possible


----------



## Joppa (Sep 7, 2009)

Bjarku said:


> have to keep this short initially as im at work ( ) but my fiance and i are getting desperate. she is a US citizen, im a UK citizen. we're getting married in the US in 2 months, and she is coming over here with her pets (selling her car to have them shipped).
> 
> i dont earn the 18600 a year needed for a spouse visa and FLR, so we're looking for her to come over here for 6 months as a visitor while i work and we both live with my parents to save money, then we'll move to ireland/france/sweden/somewhere in the EU (i could poss. get irish citizenship through grandmother), work in one of these countries for 6mos while we live together, then return to the UK for an EEA family permit.
> 
> ...


I'm online and can give you a quick reply.
It seems that way, but the biggest question is, will you find a job that pays enough to maintain the both of you for 6 months (length isn't laid down in law, but your job must not be casual or transient, i.e. a proper one with contract etc)? You know unemployment is a huge problem in most countries and it's not at all easy to get the sort of job you need. Working in a bar at weekends won't be enough. You are unlikely to be regarded as exercising economic rights.

If you can overcome this (considerable) hurdle, then you should be able to secure an EEA family permit for your new wife under the Surinder Singh rule.


----------



## Bjarku (Jun 18, 2012)

Joppa said:


> I'm online and can give you a quick reply.
> It seems that way, but the biggest question is, will you find a job that pays enough to maintain the both of you for 6 months (length isn't laid down in law, but your job must not be casual or transient, i.e. a proper one with contract etc)? You know unemployment is a huge problem in most countries and it's not at all easy to get the sort of job you need. Working in a bar at weekends won't be enough. You are unlikely to be regarded as exercising economic rights.
> 
> If you can overcome this (considerable) hurdle, then you should be able to secure an EEA family permit for your new wife under the Surinder Singh rule.


thank you so much joppa. was really hoping you'd post in my thread! this is so awful there must be SOME way i can live and work together with my wife in the country where i was born. we dont even need benefits, i have a job and a place to live and she intends to work . i have some good references from places i've worked full and part time and currently have a decent part time job as a life and pensions administrator at a financial adviser which sounds good on paper. i also have family in sligo, ireland if it came to that. perhaps as an english speaker i could get a full time job somewhere in europe that would support us both. i'd do just about anything so we can be together

edit: also is there any chance of surinder singh being overturned in the next few years?


----------



## Joppa (Sep 7, 2009)

Bjarku said:


> that could be a possibility but surely by the time we're married and she's living here and comes to apply for her FLR the new rules will be in place and i'll have to be earning 18500 a year? thanks for your input, i hadnt considered this route but maybe its possible


No, once she applies before 9th July for a fiancée visa and is approved, then all future applications of FLR and ILR will still be under the existing rules.


----------



## 2farapart (Aug 18, 2011)

Bjarku said:


> that could be a possibility but surely by the time we're married and she's living here and comes to apply for her FLR the new rules will be in place and i'll have to be earning 18500 a year? thanks for your input, i hadnt considered this route but maybe its possible


Joppa's already given you what might be a better solution but just in case - provided your application is received by the UKBA *before 9th July*, your wife will be able to apply under the old rules (fiancée visa for 6 months in which to marry, FLR for a further two years based on current finance support rather than the new rules, and then application for ILR - again against the current rather than new financial rules). Any application received by the UKBA prior to 9th July will be processed all the way through to final ILR on the old rules.


----------



## Joppa (Sep 7, 2009)

Bjarku said:


> also is there any chance of surinder singh being overturned in the next few years?


Unlikely, as it's based on European court decision and overrules national legislation.


----------



## Bjarku (Jun 18, 2012)

Joppa said:


> No, once she applies before 9th July for a fiancée visa and is approved, then all future applications of FLR and ILR will still be under the existing rules.


okay so this is my best bet? i would literally stab a baby to be with this woman. i could apply almost immediately. i have income of around £8000 a year and live with my parents in a large house where there is adequate space for her. would they give us a fiancee visa do you think?


----------



## Bjarku (Jun 18, 2012)

wow maybe life isnt such a **** sandwich after all  thanks so much guys for your responses. all so helpful. 2para + joppa thanks so much


----------



## 2farapart (Aug 18, 2011)

I completely sympathise with the angst you're experiencing. Before realising we had an avenue for being in the UK, we were literally sticking pins in the world map to see where we could be together legally and it wasn't fun!

Under current rules, you simply need to prove that, after your rent or mortgage is deducted, plus council tax, you have a spare £111.45 a week for your wife. It will mean your parents acting as co-sponsors and declaring that they are willing to house you both (proving they own the house and there will be no overcrowding) and what if anything they will be expecting you to contribute towards mortgage and council tax. After that, if you can prove in calculations that you'd still have £111.45 per week, you should be good to go, but get the application in fast! Trust me - this is a better way than stabbing a baby - LOL! Although if _you_ were doing the stabbing at least it wouldn't be on your wife's criminal history so.....


----------



## Joppa (Sep 7, 2009)

2farapart said:


> Any application received by the UKBA prior to 9th July will be processed all the way through to final ILR on the old rules.


Any (eventually) *successful* application lodged before 9th July will mean your applications for FLR and ILR will be by pre-July 9th rules. But if your initial application is rejected, and you fail in your appeal, then any new application you make will be under the post-July 9th rules. So make doubly sure that even though you are under pressure of time, your first application is complete and meets all the conditions that currently prevail.


----------



## Bjarku (Jun 18, 2012)

Joppa said:


> Any (eventually) *successful* application lodged before 9th July will mean your applications for FLR and ILR will be by pre-July 9th rules. But if your initial application is rejected, and you fail in your appeal, then any new application you make will be under the post-July 9th rules. So make doubly sure that even though you are under pressure of time, your first application is complete and meets all the conditions that currently prevail.


we have only been together for 5 months, but during that time we've spent 24 days together in person (i visited her in the US for 10 days, then she came here for 2 weeks). we do, however, have plenty of evidence of our relationship. 8 hour skype calls every day, chat logs, engagement ring, photographs together etc. is this likely to affect our chances for getting our visa?


----------



## 2farapart (Aug 18, 2011)

Bjarku said:


> we have only been together for 5 months, but during that time we've spent 24 days together in person (i visited her in the US for 10 days, then she came here for 2 weeks). we do, however, have plenty of evidence of our relationship. 8 hour skype calls every day, chat logs, engagement ring, photographs together etc. is this likely to affect our chances for getting our visa?


Duration isn't important, but evidence of a genuine and enduring relationship is (together with evidence that you have met). Given you have 8-hour-long Skype calls is great, together with photos and such. That's what we provided too. This should be good enough.


----------



## Bjarku (Jun 18, 2012)

2farapart said:


> Duration isn't important, but evidence of a genuine and enduring relationship is (together with evidence that you have met). Given you have 8-hour-long Skype calls is great, together with photos and such. That's what we provided too. This should be good enough.


 thats great news! congrats on everything going well for you. if i could get over there and marry her and apply for a spouse visa before the 9th july would that be an option? or would she have to come back to the uk with me before the 9th to apply with me from here?


----------



## 2farapart (Aug 18, 2011)

Yes, but it would be an epic rush!  If you could, then that works too. As long as you submit your application prior to 9th July and it's successful, you're on the old rules all the way!


----------



## Bjarku (Jun 18, 2012)

2farapart said:


> Yes, but it would be an epic rush!  If you could, then that works too. As long as you submit your application prior to 9th July and it's successful, you're on the old rules all the way!


wellll she just sold her car so we could conceivably fly me over there and get married then apply for the FLR over here...or could we apply from the US? which do you think has a better chance of getting us accepted? marriage first then FLR before the 9th or fiance visa before the 9th? thank you so much for your help by the way you've given us so much hope  we felt so desperate until now


----------



## Joppa (Sep 7, 2009)

Bjarku said:


> wellll she just sold her car so we could conceivably fly me over there and get married then apply for the FLR over here...or could we apply from the US? which do you think has a better chance of getting us accepted? marriage first then FLR before the 9th or fiance visa before the 9th? thank you so much for your help by the way you've given us so much hope  we felt so desperate until now


You can fly over to US now and get married, and apply for spouse settlement visa in US before 9th July. You don't need a special visa to marry in US. This is probably the easiest and most cost-effective way. Success of application shouldn't really vary between fiancée and spouse visa - both have to meet broadly the same criteria. But to get a fiancée visa and marry in UK, you have to pay gain for FLR within months of getting your first visa.


----------



## 2farapart (Aug 18, 2011)

I'm not sure there's a 'best' option because the criteria are the same for both. You can marry in the US and apply immediately for spouse visa, or you can apply for the fiancée visa, marry, and then apply for the FLR (Further leave To Remain).

Both FLR and Spouse under the old rules last a duration of 2 years. Marrying in the US will save you the cost of TWO visas (fiancée and FLR as opposed to spouse) but means two flight costs, wheras marrying in the UK would mean meeting two visa costs but only your wife's flight costs and would ensure your wife is fully covered by the NHS (no probationary 12 months where she'd have to pay for hospitalisation). So it's a question of how quickly you could arrange each option, how much each option might cost, and whether NHS hospitalisation cover is important for your wife. Other factors might be who you'd like at your wedding and which country they live in.

The criteria for acceptance are largely the same for both visas.

ETA: Joppa beat me to it


----------



## Bjarku (Jun 18, 2012)

Joppa said:


> You can fly over to US now and get married, and apply for spouse settlement visa in US before 9th July. You don't need a special visa to marry in US. This is probably the easiest and most cost-effective way. Success of application shouldn't really vary between fiancée and spouse visa - both have to meet broadly the same criteria. But to get a fiancée visa and marry in UK, you have to pay gain for FLR within months of getting your first visa.


hmmmm if i have to fly over there at short notice i could lose my job and i'd have to go almost immediately to mary and then apply for the FLR before the 9th july. this absolutely has to happen though so if thats what it takes i guess i'll have to. but if just applying for a fiance visa has an equal chance of working couldnt we get married when she comes over here and then save up money for the FLR while she's over here. basically whatever has the best chance of being accepted before the 9th is what we should do but the fiance visa would be more convenient if you think that would get accepted. i earn £670 per month and don't pay rent, i live with my parents in a house big enough for my fiance and i, so i should meet the current requirements right? im just worrying they might not accept the fiance visa for some reason whereas if we were already married...but would they decline on the grounds that it was a fast marriage?? :/


----------



## 2farapart (Aug 18, 2011)

The same criteria apply for both (except needing to be married for a spouse visa obviously), so it will come down to what works best for cost and time for you both.


----------



## Bjarku (Jun 18, 2012)

sorryy, trying to keep up with the thread at work, didnt catch your last reply, 2para. but i've read it now and maybe we should just do fiance visa. we'd have a good chance of acceptance and getting everything done by the 9th you think?


----------



## Joppa (Sep 7, 2009)

Bjarku said:


> hmmmm if i have to fly over there at short notice i could lose my job and i'd have to go almost immediately to mary and then apply for the FLR before the 9th july. this absolutely has to happen though so if thats what it takes i guess i'll have to. but if just applying for a fiance visa has an equal chance of working couldnt we get married when she comes over here and then save up money for the FLR while she's over here. basically whatever has the best chance of being accepted before the 9th is what we should do but the fiance visa would be more convenient if you think that would get accepted. i earn £670 per month and don't pay rent, i live with my parents in a house big enough for my fiance and i, so i should meet the current requirements right? im just worrying they might not accept the fiance visa for some reason whereas if we were already married...but would they decline on the grounds that it was a fast marriage?? :/


Fiancée visa is valid only for 6 months, during which she has to come to UK, give notice, get wed and apply for FLR, so you won't have much time to save up on top of all the other expenses. 

Criteria for fiancée and spouse visa are similar but not identical. With fiancée, you need more evidence of deep and committed relationship, whereas with spouse, the fact you are already married should lend weight to your commitment, esp if you can show a wedding with the blessing of both families and plenty of people present in wedding photos you submit. People don't spend a lot of money on sham marriage! If you fake photos by editing and adding faces, they will find out (they have expert verifiers on those things) and you risk getting rejected as being dishonest.


----------



## 2farapart (Aug 18, 2011)

Bjarku said:


> sorryy, trying to keep up with the thread at work, didnt catch your last reply, 2para. but i've read it now and maybe we should just do fiance visa. we'd have a good chance of acceptance and getting everything done by the 9th you think?


You need to get the paperwork together FAST. From experience, the delays come in when trying to obtain a full six months of bank-issued statements (not your own printed from the internet), and postage of your documents to the US. Postage for me to mail my papers to my US partner took 8-9 days (grr) because there was a heightened security status at New York Customs and they were scanning every packet.

You now need to swat up on the papers you need, and ask your parents to provide you with recent mortgage statements (originals) or title deeds (which you can also obtain from Land Registry for £8 but that adds a week too).

It might seem a panic, but the good news is that your partner can start filling out the online application now, and can even submit the online version, without having your papers in her hand. It IS a bit of a risk (we did it but we lived dangerously!) because you only have a couple of weeks to get biometrics done and then send the paper version (plus all documents) to New York UKBA - and she MUST have your papers before she can send the completed paper application (so use a reputable courier - not Royal Fail. I used Royal Mail's AirSure which was anything BUT 'sure', so don't repeat my mistake)! You need your parents to write a sponsorship letter outlining their permission for you to stay at their home and whether or not any costs will be involved (if they're not charging you anything, then they need to say so in order that the UKBA will realise your £650 a month is AFTER housing costs have been taken into account).

Tips for helping it all along can include your partner enclosing job adverts for jobs she's qualified to apply for, or her CV. Likewise, you as sponsor could do this if planning to improve your income situation. In themselves they don't'pass' your application, but they will go some way to fortifying an income that just about meets the minimum.


----------



## Bjarku (Jun 18, 2012)

wait im confused. here it says the fee for marriage visa is £78 UK Border Agency | Fees for our services but here it says £826 UK Border Agency | Application fees (same as FLR). how much does a fiance visa actually cost?


----------



## Joppa (Sep 7, 2009)

Bjarku said:


> wait im confused. here it says the fee for marriage visa is £78 UK Border Agency | Fees for our services but here it says £826 UK Border Agency | Application fees (same as FLR). how much does a fiance visa actually cost?


£78 is for marriage *visitor* visa. You pay for fiancée visa in USD, which is $1363 + $12 carriage.


----------



## nyclon (Apr 3, 2011)

Bjarku said:


> wait im confused. here it says the fee for marriage visa is £78 UK Border Agency | Fees for our services but here it says £826 UK Border Agency | Application fees (same as FLR). how much does a fiance visa actually cost?


They are 2 different things. A marriage visit visa is for the purpose of coming to the UK to get married only and then go live somewhere else. (It does say "short visit") A fiance visa is to get married in the UK with the purpose of living in the UK and so going on to obtain FLR.


----------



## Bjarku (Jun 18, 2012)

Joppa said:


> £78 is for marriage *visitor* visa. You pay for fiancée visa in USD, which is $1363 + $12 carriage.


wait so do we need the fiance visa? couldnt we just get a marriage visitor visa, get married, THEN have her apply for FLR? or do we have to pay £826 TWICE within 6 months?

edit: sorry slow internet at work above post answers my qs


----------



## 2farapart (Aug 18, 2011)

£826 is the correct amount. I'm not sure what that £78 is for - visiting guest at a wedding? No idea! But the £826 is the amount for the initial fiancée visa, with a further £867 to pay for the next visa Further Leave To Remain (FLR) in 6 months' time.

You need to pay for the fiancée visa first (ignore that marriage visitor visa - not applicable), and then within 6 months apply for the FLR.

EDIT: also slow internet! Answered already above


----------



## nyclon (Apr 3, 2011)

Bjarku said:


> wait so do we need the fiance visa? couldnt we just get a marriage visitor visa, get married, THEN have her apply for FLR? or do we have to pay £826 TWICE within 6 months?


Yes you need a fiance visa. Like I said, a marriage visitor visa is solely for the purpose of visiting the UK to get married ONLY and then going to live someplace else.


----------



## AnAmericanInScotland (Feb 8, 2012)

Bjarku said:


> wait so do we need the fiance visa? couldnt we just get a marriage visitor visa, get married, THEN have her apply for FLR? or do we have to pay £826 TWICE within 6 months?
> 
> edit: sorry slow internet at work above post answers my qs


The marriage visitor visa, as noted in above posts, is strictly for the finance(e) to come to the UK, marry, and then get right back on the plane OUT of the UK.

The newly married non-UKC member of the couple must leave the UK and cannot apply to switch from the marriage visitor visa to an FLR-the non-UKC must leave the UK.

Here's how it all works, I'm simplifying, T&Cs apply:

*Fiance(e) visa-*the non-UKC gathers all the pertinent documents, then applies online from their country of residence; pays the £880+ (converted to USD) and submits the hard copies of everything after the biometrics appointment is attended to the UKBA. 

If approved, the fiance(e) arrives to the UK, and within six months of the valid-from date on the visa, marries.

The new bride/groom then makes an application for the FLR (yes, another large fee. The price of love) Premium, one-day service appointments are available at a considerably higher price but have the advantage of ending the agony much quicker as a determination can usually be made during the appointment. **At the end of the probationary period granted by the FLR, the holder must then apply for the ILR (see below) with yes, yet another hefty fee.

*Spouse visa-*the couple marry somewhere, the non-UKC member of the newly married couple is in the country of their normal residence, gathers all the pertinent documents and makes the application online-pays a hefty fee, plus another $300 for priority processing if wanted-books and attends the biometrics appointment, then couriers the hard copies of the application and all supporting documents to the UKBA.

If the application is submitted before 9 July 2012, and is approved, the applicant arrives to the UK with a probationary spouse visa (27 months). When 24 months residence in the UK is achieved, the holder of the probationary spouse visa may apply for the Indefinite Leave to Remain-yet another online application with hefty fees that can be even heftier for a premium one-day service appointment.

Personally? Personally I think your fastest bet at this late date is a fiance(e) visa.


----------



## Bjarku (Jun 18, 2012)

AnAmericanInScotland said:


> The marriage visitor visa, as noted in above posts, is strictly for the finance(e) to come to the UK, marry, and then get right back on the plane OUT of the UK.
> 
> The newly married non-UKC member of the couple must leave the UK and cannot apply to switch from the marriage visitor visa to an FLR-the non-UKC must leave the UK.
> 
> ...


thanks a lot for your information! she wouldnt have to travel to NY to get biometrics done would she? she lives on the other coast. could she get biometrics done at the consulate in portland?


----------



## AnAmericanInScotland (Feb 8, 2012)

Bjarku said:


> thanks a lot for your information! she wouldnt have to travel to NY to get biometrics done would she? she lives on the other coast. could she get biometrics done at the consulate in portland?


She'd attend a biometrics appointment at a Department of Homeland Security application support centre. The system online will use her zip code to determine the closest centre and will offer her a choice of bookings. 

A pop-up box will appear very close to the end of the online application process prompting her to choose an appointment, as soon as she pays for the application she will be prompted to print the application and a 'booking confirmation' sheet that will have instructions on where and when to attend, and what to bring to the appointment.

Where she attends the biometrics appointment will depend on her zip code, and if she lives close enough to a metropolitan area she shouldn't have too much of a travel to the site. 

LOL, I was in south east Alabama, and had a three+ hour drive to an appointment that took less than ten minutes to complete!


----------



## WestCoastCanadianGirl (Mar 17, 2012)

There is a w*rkaround that would conceivably allow your fiancée to book her biometrics _now_ so that she has the time confirmed when she submits her application. 

1) Have her go to the UKBA Visa Application Page and start an application with them. She can "pause" the application process and it will tell her that she has to come back to work on it some more within the next 7 days (it will give her a "best before" date) and it will also generate a Visa Application Reference Number. She should write it down (although, they do also email this to you).

2) With the Visa Application Reference number in hand, she can now go over to the WorldBridge site to book her Biometrics appointment. They'll ask her where she wants to go (UK) and where she is from (USA). They'll also ask for some information about her name, address DOB and also her passport number (so that the agents at WorldBridge can verify that it's her at the time of appointment) and her anticipated travel date. They'll also give her a list of centres where she can get her biometrics done.

She should then go and complete _and pay for_ the application and print it off prior to her biometrics appointment date. She can stop and start over and over again, as long as she doesn't not do anything for 7 days or more (i.e. she has to go in at least 1 time and then re-save before the most recent expiry... i.e. she starts it now and then puts it on pause and then as long as she looks at it again before midnight Eastern time on Sunday nght, she is safe and when she goes to save it again, the 7 day expiry clock resets itself. She will get an email confirmation every time she saves.

For myself, I know what date I am applying - July 4 - so I have started my application and have booked my appointment for July 5th.


----------



## Bjarku (Jun 18, 2012)

sorry guys, more questions :/ My fiance is on the verge of buying me a ticket to fly over to portland on the 28th, get married, and then submit all our stuff for a spouse/flr visa before the 9th july. if i'm earning 670 a month, living with my parents in an adequately sized house and not paying rent but my bank account is consistently -1400 to -2000 overdrawn on a graduate overdraft, will that affect my economic requirements? my income is enough to support both of us with my current housing situation, i just have a bit of debt. as long as i'm earning enough money in wages and have a letter signed by my parents, mortgage papers etc, will i be okay? if we get married and apply for an FLR/spouse visa/i dont even know anymore and don't get it, i'll be devastated. i ordered 12 months of bank statements, if they show my account not having much money in it will i still be okay?

also what is the date of our application? is it the date we pay? if we pay before july 9th are we okay? what if we cant get an appointment for biometrics until after then? if we pay before the 9th and get biometrics done after will that be okay?


----------



## 2farapart (Aug 18, 2011)

Bjarku said:


> sorry guys, more questions :/ My fiance is on the verge of buying me a ticket to fly over to portland on the 28th, get married, and then submit all our stuff for a spouse/flr visa before the 9th july. if i'm earning 670 a month, living with my parents in an adequately sized house and not paying rent but my bank account is consistently -1400 to -2000 overdrawn on a graduate overdraft, will that affect my economic requirements? my income is enough to support both of us with my current housing situation, i just have a bit of debt. as long as i'm earning enough money in wages and have a letter signed by my parents, mortgage papers etc, will i be okay? if we get married and apply for an FLR/spouse visa/i dont even know anymore and don't get it, i'll be devastated. i ordered 12 months of bank statements, if they show my account not having much money in it will i still be okay?
> 
> also what is the date of our application? is it the date we pay? if we pay before july 9th are we okay? what if we cant get an appointment for biometrics until after then? if we pay before the 9th and get biometrics done after will that be okay?


Ordinarily, I don't believe an overdraft _per se_ affects the outcome of a visa application, and students are usually expected to have overdrafts. If you are within the overdraft limits of your account and the overdraft isn't growing bigger and bigger each month (ie it is under your control), then it should be okay.


----------



## Bjarku (Jun 18, 2012)

WestCoastCanadianGirl said:


> There is a w*rkaround that would conceivably allow your fiancée to book her biometrics _now_ so that she has the time confirmed when she submits her application.
> 
> 1) Have her go to the UKBA Visa Application Page and start an application with them. She can "pause" the application process and it will tell her that she has to come back to work on it some more within the next 7 days (it will give her a "best before" date) and it will also generate a Visa Application Reference Number. She should write it down (although, they do also email this to you).
> 
> ...


hi! thanks a lot for the advice. so she can't apply for her FLR until she does biometrics, correct? so she might not be able to apply before july 9th if they dont give her an appointment before then?  or can you send off your application before biometrics is/are(?) done? :S basically do we have ANY chance of getting this done if we get married on the 1st july, say and start gathering paperwork right now?


----------



## Bjarku (Jun 18, 2012)

aaaaaaagh this is driving me insane. we tried to apply online and it directed us to a VA4k something, NOT an FLR which is what i thought we needed once we're married. aaagh. the VA thing says we need to have been married for 4 years. this is a complete nightmare. pleaaase somebody tell me once we're married in the US how does my fiance apply to come and live over here?  please. and what are our chances of getting it done before July 9th if i fly over there in 10 days?


----------



## 2farapart (Aug 18, 2011)

Ah - no, not FLR.

If you decide to marry in the US first, then you need to apply for a Spouse visa (married/civil partners spouse - and the form you were directed to). If you decide to marry in the UK, you need to apply for the Fiancée/Proposed Civil Partners visa - and this is possibly the quicker option for you because you won't have to pack a marriage in between you flying out there and applying (you can arrange dates now but not have to worry about it until after your fiancée is here). But as said, the fiancée visa is costlier because it requires TWO visa payments - but given the flight for you to the US to get married costs almost as much, the difference probably isn't all that great.


----------



## nyclon (Apr 3, 2011)

Bjarku said:


> aaaaaaagh this is driving me insane. we tried to apply online and it directed us to a VA4k something, NOT an FLR which is what i thought we needed once we're married. aaagh. the VA thing says we need to have been married for 4 years. this is a complete nightmare. pleaaase somebody tell me once we're married in the US how does my fiance apply to come and live over here?  please. and what are our chances of getting it done before July 9th if i fly over there in 10 days?


If you are getting married in the US and so applying for a spouse visa from outside the UK, then you were directed to the correct form. FLR is the visa you apply for after you have been married in the UK whilst on a fiance visa.


----------



## AnAmericanInScotland (Feb 8, 2012)

Bjarku said:


> hi! thanks a lot for the advice. so she can't apply for her FLR until she does biometrics, correct? so she might not be able to apply before july 9th if they dont give her an appointment before then?  or can you send off your application before biometrics is/are(?) done? :S basically do we have ANY chance of getting this done if we get married on the 1st july, say and start gathering paperwork right now?


VERY IMPORTANT: It is NOT an FLR. It's a fiance(e) visa. Important distinction-getting it wrong will cost you fees and time.

She can begin the application for the fiance(e) visa now. She can probably book her appointment without paying-HOWEVER, in the US, she can't CONFIRM the appointment until she pays for the application. 

Once she pays for the application, it is in the system, and the date she paid and her payment was accepted is the date of the application-this is a good thing if you can get it paid for on or before 8 July.

After housing costs are deducted from your income, you have to have £111.45 left over per week. They don't do a credit check. 

Download and print out the fiance(e) application form, and the Guidance Notes (on the UKBA site under 'Fiance(e)s. 

Read the two publications carefully. Use a highlighter to highlight the sections that apply to your unique situation.

And make note of any questions that arise whilst carefully reading the Guidance Notes, and the application form-we'll be glad to help answer those questions.


----------



## Bjarku (Jun 18, 2012)

AnAmericanInScotland said:


> VERY IMPORTANT: It is NOT an FLR. It's a fiance(e) visa. Important distinction-getting it wrong will cost you fees and time.
> 
> She can begin the application for the fiance(e) visa now. She can probably book her appointment without paying-HOWEVER, in the US, she can't CONFIRM the appointment until she pays for the application.
> 
> ...


Thanks again for your info  We've decided not to go for the fiance visa but to simply fly me over there instead and get married in like 10 days and apply for a Spouse visa. They will need months of my bank statements for that though, right? my fiance is literally crying with happiness since i told her that the date of application is the date we pay so thank you 

we've decided we're probably more likely to be accepted if we get married right now first and then apply for a spouse visa so we're going down that route instead, and just hoping it gets accepted :/

god, thank you so much for your help everybody this is so stressful. this july 9th deadline is so ****ed up, just think of all the couples who love each other who wont be able to be together after that date


----------



## Bjarku (Jun 18, 2012)

She has had a DUI in California and they ask her if she's ever had any traffic offences but i dont think she's ever been charged for it. will this stop her application?


----------



## 2farapart (Aug 18, 2011)

Not if she was never charged. The form is asking for any convictions, so unless she was called before court for it, no need to mention.


----------



## AnAmericanInScotland (Feb 8, 2012)

Bjarku said:


> Thanks again for your info  We've decided not to go for the fiance visa but to simply fly me over there instead and get married in like 10 days and apply for a Spouse visa. They will need months of my bank statements for that though, right? my fiance is literally crying with happiness since i told her that the date of application is the date we pay so thank you
> 
> we've decided we're probably more likely to be accepted if we get married right now first and then apply for a spouse visa so we're going down that route instead, and just hoping it gets accepted :/
> 
> god, thank you so much for your help everybody this is so stressful. this july 9th deadline is so ****ed up, just think of all the couples who love each other who wont be able to be together after that date


OK, spouse visa. 

**Download the form and Guidance Notes. Print it out. Use a highlighter. 

**There is a list of suggested supporting documents on the form and the Notes. Not all will apply to you. 

**Be sure you can meet the financial requirement of £111.45 per week left over. Line up 3rd-party sponsorship (information on the form and Guidance Notes) if needed. 

**Your parent's offer to provide accommodation as a private room for you and your new wife needs to be written down and submitted with your application and supporting documents. 

**Your parents can also offer to support you and your new wife financially, in a letter, noting the amount of money they will give you to make up the shortfall (if any) between your income and the requirement of £111.45 left over each week. 

**Since you state that you make £670 per month, I'm going to assume that is net-if yes, you WILL PROBABLY NOT NEED A 3rd-PARTY SPONSOR.

**If it is gross, you might need a 3rd-party sponsor, and that can be your parents. 

Let us know if you have any more questions after you have read through the spouse visa application and Guidance Notes. You will. Everyone does. 

Please note-this is an extremely stressful time. Try. To. Stay. Calm.    

(Not easy, but doable.)


----------



## Bjarku (Jun 18, 2012)

2farapart said:


> Not if she was never charged. The form is asking for any convictions, so unless she was called before court for it, no need to mention.


she never showed up to court in california and moved to portland so we're not sure if she was charged in absentia in that state or not  it was in Dec 2010. Never paid fines and moved out of state but went to traffic school for it. she doesnt know if she's been convicted yet but the last time she spoke to the lawyer it hadnt even gone to court yet. she's going to call up and see if she was ever convicted.    so worrying.


----------



## AnAmericanInScotland (Feb 8, 2012)

Bjarku said:


> she never showed up to court in california and moved to portland so we're not sure if she was charged in absentia in that state or not  it was in Dec 2010. Never paid fines and moved out of state but went to traffic school for it. she doesnt know if she's been convicted yet but the last time she spoke to the lawyer it hadnt even gone to court yet. she's going to call up and see if she was ever convicted.    so worrying.


Traffic school? Then she's discharged the conviction. 

Mention it on the application, and that she did traffic school. 

Mention that she understands drink driving is a deeply serious criminal offensive and she is horrified that she did it that one time and has never, nor will ever, do it again, especially, like OMG, in the UK.

Srs'ly


----------



## Bjarku (Jun 18, 2012)

AnAmericanInScotland said:


> OK, spouse visa.
> 
> **Download the form and Guidance Notes. Print it out. Use a highlighter.
> 
> ...


agh thank you so much for your help. the £670 is gross pay minus a £70 payment for my motorbike each month, so £600 is all mine as i dont pay any rent at all. im planning to include mortgage documents, deeds, etc from my parents and a letter saying they're going to let us live here as long as is necessary.

now its just this DUI we have to worry about. one thing after another with this


----------



## Bjarku (Jun 18, 2012)

AnAmericanInScotland said:


> Traffic school? Then she's discharged the conviction.
> 
> Mention it on the application, and that she did traffic school.
> 
> ...


aaaah thanks. best to just be honest then? it wouldnt have attracted a 12 month sentence in the UK so is it even counted as a criminal conviction here? it just worries me that the whole thing could be denied because of this and especially because she skipped out of the state and evaded the charges which would be seen as pretty baad.


----------



## Bjarku (Jun 18, 2012)

thank you so much everybody for taking the time to reply to me. i feel so awful taking up everybody's time for my application but i hope everybody here can understand how stressful it all is having been through it themselves.


----------



## 2farapart (Aug 18, 2011)

Bjarku said:


> thank you so much everybody for taking the time to reply to me. i feel so awful taking up everybody's time for my application but i hope everybody here can understand how stressful it all is having been through it themselves.


Oh we do. Many of us are here paying back for all the help we had when we were going through the same. Many of us are part way through the process (me and my partner are currently on the FLR route waiting to apply for ILR in just under 2 years' time). So we've all had the "but what about this?!" and "will we be rejected if" moments.

For your income calculation, don't worry about deducting your motorbike payment - JUST your rent/council tax contribution if any.


----------



## Bjarku (Jun 18, 2012)

2farapart said:


> Oh we do. Many of us are here paying back for all the help we had when we were going through the same. Many of us are part way through the process (me and my partner are currently on the FLR route waiting to apply for ILR in just under 2 years' time). So we've all had the "but what about this?!" and "will we be rejected if" moments.
> 
> For your income calculation, don't worry about deducting your motorbike payment - JUST your rent/council tax contribution if any.


 right now we've hit a real stumbling block. she never completed her sentence for the DUI in california and just moved out of state. if she admits that thats really bad, right? but if she doesnt admit it its also really bad.


----------



## AnAmericanInScotland (Feb 8, 2012)

Bjarku said:


> right now we've hit a real stumbling block. she never completed her sentence for the DUI in california and just moved out of state. if she admits that thats really bad, right? but if she doesnt admit it its also really bad.


Traffic school in California is usually ordered instead of a conviction. Attendance and sign-off means it will be on the driving record only for tracking purposes (as in for next time. Which there shouldn't ever be).

If she went to traffic school, she should be ok with California DMV and CHP. 

Did she finish traffic school, and get the sign-off?

Why do you say she never completed her sentence?


----------



## Bjarku (Jun 18, 2012)

AnAmericanInScotland said:


> Traffic school in California is usually ordered instead of a conviction. Attendance and sign-off means it will be on the driving record only for tracking purposes (as in for next time. Which there shouldn't ever be).
> 
> If she went to traffic school, she should be ok with California DMV and CHP.
> 
> ...


she did get the sign off and shes okay with the DMV and CHP. her lawyer commuted the charge to a wet reckless but there's one more trial on the 16th july where they'll finalise a $3000 fine and 5 days of AA classes. so its all very confusing. she doesnt have a warrant out or anything but there is another court date which only her lawyer has to attend. not sure what to do, whether we should list it or not :/ is a wet reckless considered spent? do we even have a uk equivalent? should we just be honest and list it to avoid getting banned for 10 years?

quick edit: she has 2 years probation in the state of CA for this


----------



## JHoward (Jun 7, 2012)

I suggest you admit to it instead of hiding it. My husband didn't admit to a minor in possession arrest when he was here in the states on a J1 visa 4 years ago and when he applied for another J1 visa to come back to the US they found it when they completed a background check on him. It ended up severely setting his application back, cost him more money and almost cost him his visa! They DO NOT like lying on applications! Honesty is always best when it comes to visas!


----------



## Bjarku (Jun 18, 2012)

JHoward said:


> I suggest you admit to it instead of hiding it. My husband didn't admit to a minor in possession arrest when he was here in the states on a J1 visa 4 years ago and when he applied for another J1 visa to come back to the US they found it when they completed a background check on him. It ended up severely setting his application back, cost him more money and almost cost him his visa! They DO NOT like lying on applications! Honesty is always best when it comes to visas!


i think thats what we're going to do honestly


----------



## mehemlynn (Nov 16, 2011)

Bjarku said:


> i think thats what we're going to do honestly


Bjarku,

If you are going the spouse visa route in the US, one thing for your fiancee to do now is to find out how to get a marriage certificate in your hands as soon as possible after the wedding. 

You do NOT want to mail it in and have them mail you the copies. I've been married for 11 years, so don't remember the options for getting it right away.

You will need that marriage certificate to send with your paperwork.

M


----------



## Rndebidee (Jan 8, 2012)

Bjarku said:


> she did get the sign off and shes okay with the DMV and CHP. her lawyer commuted the charge to a wet reckless but there's one more trial on the 16th july where they'll finalise a $3000 fine and 5 days of AA classes. so its all very confusing. she doesnt have a warrant out or anything but there is another court date which only her lawyer has to attend. not sure what to do, whether we should list it or not :/ is a wet reckless considered spent? do we even have a uk equivalent? should we just be honest and list it to avoid getting banned for 10 years?
> 
> quick edit: she has 2 years probation in the state of CA for this


Sounds to me like she was convicted on drink driving hence the sentence of attending driving school, Alcoholics Anonymous (AA) classes, and a $3000.00 fine that she skipped out on. Sounds to me like there could still be pending charges against her (perhaps r/t her fleeing the state and not completing her original sentence), and so it is still an active case in the courts. Did she ever attend the AA classes? What is the likelihood that they will issue her a visa if she indeed has been convicted of drink driving just 2 years ago and then skipped out on completing her sentence? That surely will not be looked at in a positive manner and will they honestly think she is sincere in saying that it was an isolated incident and she is remorseful. Not trying to be so negative, as it is a LOT of money to put forward especially if it is likely going to result in a visa denied. I'm sure Joppa would have the best answer to this dilemma.


----------



## Bjarkash (Jun 19, 2012)

Rndebidee said:


> Sounds to me like she was convicted on drink driving hence the sentence of attending driving school, Alcoholics Anonymous (AA) classes, and a $3000.00 fine that she skipped out on. Sounds to me like there could still be pending charges against her (perhaps r/t her fleeing the state and not completing her original sentence), and so it is still an active case in the courts. Did she ever attend the AA classes? What is the likelihood that they will issue her a visa if she indeed has been convicted of drink driving just 2 years ago and then skipped out on completing her sentence? That surely will not be looked at in a positive manner and will they honestly think she is sincere in saying that it was an isolated incident and she is remorseful. Not trying to be so negative, as it is a LOT of money to put forward especially if it is likely going to result in a visa denied. I'm sure Joppa would have the best answer to this dilemma.


Hihi, Fiancee here...

I didn't skip out on anything, the DMV has their own court in the US and convicted me of a DUI so I took the courses necessary and got my license back, I have my certificate of completion for the very lengthy classes I took. My court date kept getting pushed back, I got the DUI in Dec 2010 and it JUST NOW (June 14 2012) saw court. It was reduced to a wet reckless by a jury - I owe about $2800 which I can make in very small payments, and I don't even officially owe it or have to start paying it until late July. My lawyer also said she doesn't think he sentenced me to any type of AA, and if he did it's the type I could complete quickly online (within a few hours, literally). The probation is pro-rated so I believe I've done at least a year of it, I have no prior run ins with the law whatsoever!!!. 

I (my lawyer) showed up to all court dates. I was a good girl, I didn't skip out on anything, and I even have the DMV police report that states I wasn't even in the driver's seat of the car, and I barely blew over the limit, just barely, hence no jail time or community service. I'll start paying and my lawyer is mailing me the official papers next week to sign, nothing has even been finalized except the sentencing and it won't be until late July that I have to pay the courts. That's the story! I'd say since I love Bjarku so much, trying is better than not trying at all. Just thought I'd explain


----------



## AnAmericanInScotland (Feb 8, 2012)

Bjarkash said:


> Hihi, Fiancee here...
> 
> I didn't skip out on anything, the DMV has their own court in the US and convicted me of a DUI so I took the courses necessary and got my license back, I have my certificate of completion for the very lengthy classes I took. My court date kept getting pushed back, I got the DUI in Dec 2010 and it JUST NOW (June 14 2012) saw court. It was reduced to a wet reckless by a jury - I owe about $2800 which I can make in very small payments, and I don't even officially owe it or have to start paying it until late July. My lawyer also said she doesn't think he sentenced me to any type of AA, and if he did it's the type I could complete quickly online (within a few hours, literally). The probation is pro-rated so I believe I've done at least a year of it, I have no prior run ins with the law whatsoever!!!.
> 
> I (my lawyer) showed up to all court dates. I was a good girl, I didn't skip out on anything, and I even have the DMV police report that states I wasn't even in the driver's seat of the car, and I barely blew over the limit, just barely, hence no jail time or community service. I'll start paying and my lawyer is mailing me the official papers next week to sign, nothing has even been finalized except the sentencing and it won't be until late July that I have to pay the courts. That's the story! I'd say since I love Bjarku so much, trying is better than not trying at all. Just thought I'd explain


Thank-you for the clarification. I had a feeling it was something like this when your fiance wrote you'd had traffic school.

DUI (Drink Driving) in the UK is considered a very serious offense, and I've read posts suggesting it might make things difficult re application approval. 

The best thing to do is write an explanatory and very ashamed/apologetic letter to the effect that you understand how very serious it is, and that you have 'learned your lesson'. 

Do not try to lessen the impact of the DUI by explaining the mitigating circumstances (although I am curious as to how you were charged for DUI if you were not in the driver's seat, unless you traded seats in an attempt to avoid being caught as a drinks driver?), do not say anything anywhere near like '... barely blew over the limit, just barely...' because that will make it look as though you don't recognise the very serious wrongness of drinks driving. 

If you have a copy of the breathalyzer results, include them as that will speak to the low amount of alcohol in your system, but make sure that the tone of your explanatory note is one of complete contrition. 

You're in the process of completing the court ordered 'remedies' for the offense but until that's completed you may not be considered as having a 'spent' condition-I'm not too clear on what constitutes 'spent' so you need to find that out. UKBA is really tightening up and if your situation is considered 'unspent' it may cost you the approval. 

Hopefully Joppa (our Mod) will post in on the DUI.


----------



## Bjarkash (Jun 19, 2012)

Thanks, I learned early on after I got the wet reckless that being apologetic and apologizing for your behavior is the best way to go. I'm just hoping that they'll consider it a minor offense since I couldn't have been imprisoned for 12+ months... I don't even know at this point. I'll write a cover letter and stick the court papers in the bundle along with all other required documents -- that is what I should do, right?? 

I've had 2 or 3 nice jobs here in the US with my DUI convictions even though they did a background check... and now they've been lowered to wet reckless 

*Sigh* I don't know. It's literally terrifying to think that one mistake could make it so you can't be with the person you love and that they take so much of your money for even trying. Emotional roller-coaster.

I didn't trade seats or anything... I was just parked near a friends house sitting on a curb with a flat tire waiting for a tow since we were parked on an incline and couldn't jack the car up .... cop rolled up and accused me of drinking and arrested me  Said he just deduced I had been recently driving.


----------



## AnAmericanInScotland (Feb 8, 2012)

Bjarkash said:


> Thanks, I learned early on after I got the wet reckless that being apologetic and apologizing for your behavior is the best way to go. I'm just hoping that they'll consider it a minor offense since I couldn't have been imprisoned for 12+ months... I don't even know at this point. I'll write a cover letter and stick the court papers in the bundle along with all other required documents -- that is what I should do, right??
> 
> I've had 2 or 3 nice jobs here in the US with my DUI convictions even though they did a background check... and now they've been lowered to wet reckless
> 
> ...


You had a good lawyer Still, the word 'reckless' is bound to attract attention. Including all the court documents would be a very good idea.

Keep us posted. We have a thread for posting visa timelines that everyone follows-after you attend your biometrics appointment and send off your documents be sure to post in on that thread so we can follow yours. 

And don't hesitate to post any other questions you may have during the process. As I mentioned to your fiance, this is a very stressful time in your life, and the virtual support here is fantastic!


----------



## Joppa (Sep 7, 2009)

DUI or drink-driving is indeed very seriously treated and is socially unacceptable (it wasn't always so). For fiancee or spouse visa (i.e. current 24/27 month probationary leave), it should not disqualify you but you should still show remorse etc in a covering letter. It's when you apply for ILR that unspent criminal conviction including serious motoring offence can disqualify you. Criminality issue is being re-addressed in the new rules so if you will be affected by the change, you should read up on it in the Statement of Intent on UKBA site.


----------



## Bjarku (Jun 18, 2012)

So I talked to some marriage visa help company on Skype and they said I'm going to need a Property Inspection Report of my parents house and also that the fact that I have a student overdraft of £-2000 could be an instant refusal because i cant even support myself without recourse to credit let alone my fiance so i'd need third party financial aid and a covering letter explaining my overdraft basically. but even if i pay it off, my bank statements from the last year all consistently show an overdrawn account. these people are charging £700 on a no win, no fee basis if i decide to use their help. i'm not sure if they're just trying to scare me into using their services though. she sent me this from a client who was recently refused for the same reason:

"REFUSAL: “… I note that you have submitted Alliance & Leicester bank statements for account number [DELETED FOR PRIVACY REASONS] covering the period from 12th October 2011 to 30th March 2012. These statements are in the name of [DELETED FOR PRIVACY REASONS], your sponsor, and are regularly overdrawn. I am therefore not satisfied that your sponsor has sufficient funds to be able to maintain you both adequately without recourse to public funds (paragraph 281 of the HC395 as amended). I therefore refuse your application”."

so I don't know what we should do. my fiance has $4400 from selling her car, she'll have $2000 left after my ticket and her visa, could we put that into a savings account somehow maybe? i dont know what we can even do about this.  we read that US spousal visas have a 97% acceptance rate though, maybe we'll be okay? agh what can i do about this overdraft situation?

just to be clear, it's a STUDENT overdraft, will this make a difference? i have steady income coming into the account.


----------



## 2farapart (Aug 18, 2011)

Bjarku said:


> So I talked to some marriage visa help company on Skype and they said I'm going to need a Property Inspection Report of my parents house and also that the fact that I have a student overdraft of £-2000 could be an instant refusal because i cant even support myself without recourse to credit let alone my fiance so i'd need third party financial aid and a covering letter explaining my overdraft basically. but even if i pay it off, my bank statements from the last year all consistently show an overdrawn account. these people are charging £700 on a no win, no fee basis if i decide to use their help. i'm not sure if they're just trying to scare me into using their services though. she sent me this from a client who was recently refused for the same reason:
> 
> "REFUSAL: “… I note that you have submitted Alliance & Leicester bank statements for account number [DELETED FOR PRIVACY REASONS] covering the period from 12th October 2011 to 30th March 2012. These statements are in the name of [DELETED FOR PRIVACY REASONS], your sponsor, and are regularly overdrawn. I am therefore not satisfied that your sponsor has sufficient funds to be able to maintain you both adequately without recourse to public funds (paragraph 281 of the HC395 as amended). I therefore refuse your application”."
> 
> ...


I SO want to bang on with "And here we go AGAIN with so-called experts" but there are a couple of points. However, I don't believe you need a property inspection report AT ALL (and I bet they would be the ones to commission - ie blag the money from you for it). That sounds like utter nonsense! You need a letter from your parents together with proof they own the house (deeds, mortgage statements etc), and if there are others in the house besides your parents, maybe photographs of individual bedrooms to prove there are plenty to go around without overcrowding. 

If you were the ONLY sponsor, then there would be some issues with your ability to sponsor, but students DO carry a £2000-£3000 overdraft routinely. If you can document that this is primarily because of your studies, and if you can also document how you'll be paying it off, then that would help, but I think it wouldn't be that likely (with your parents co-sponsoring) that an overdraft on its own is going to necessarily disqualify your visa. The overdraft combined with your low income might be tricky, but try to pull together as much cash as you can (the more immediately available to you, the better - even at this late stage adding cash to your accounts with the savings you both have so far shows there IS some cash available) and see what your parents are prepared to do in terms of declaring their support for you. Emphasis is convincing the UKBA that you really DO have that spare £111.45 per week after housing costs so that they are satisfied your fiancée won't need public funds.

And call me suspicious and cynical, but yes, I do think they're trying to scare you out of a much-needed £700. For all we know, the sponsor they allude to also had to pay for housing and maybe the overdraft they had wasn't so readily explained in the way a student overdraft might be. I'm not saying you don't have some issues to overcome with funds and the DUI, but these situations cannot be alleviated by such experts anyway.


----------



## Bjarkash (Jun 19, 2012)

Joppa said:


> DUI or drink-driving is indeed very seriously treated and is socially unacceptable (it wasn't always so). For fiancee or spouse visa (i.e. current 24/27 month probationary leave), it should not disqualify you but you should still show remorse etc in a covering letter. It's when you apply for ILR that unspent criminal conviction including serious motoring offence can disqualify you. Criminality issue is being re-addressed in the new rules so if you will be affected by the change, you should read up on it in the Statement of Intent on UKBA site.


Thanks for posting this - I was fretting despite what you said about the Spousal 2 year visa... upon further investigation I should be fine just like you stated; it's during the actual application for naturalization that it won't be unspent since I was just convicted finally this year. It should be simple now for the visa ECO considering it falls under the traffic violation area of their guide books with a clearly stated max 6 month jail time. 

I suppose Bjarku and I can figure out how to deal with this in a year, for now getting me over there and working is priority. Just being together. It really is so stressful, thank you so much to AnAmericanInScotland and really all of you on the forums for being supportive - it really is crazy how I can have an anxiety attack and then just re read some of the information posted in this thread, research it, and be calmed down. The only problem is that I keep having to do it over and over again!! Haha. Once a day! 

Anyway... I saw that this thread is google indexed, so however this turns out, maybe future applicants with similar situations can know our outcome  In the meantime Bjarku gets to come to the US and marry me AND help me finish my visa application, all in time for the deadline, so I think we're doing the best we can  We'll keep you posted and again many thanks for the responses to our questions


----------



## Bjarkash (Jun 19, 2012)

Do you guys think I should include the *full court sentencing documents* or just state the charge and include a letter of apology and my certificate of wet reckless driving course completion? Confused.

Thanks in advance!


----------



## Bjarku (Jun 18, 2012)

Hi, We're looking for third party sponsorship from my parents to demonstrate that we're not going to need to claim benefits when my fiance gets over here. what kind of documents are we going to need to show that they can support us? just a signed letter and mortgage statements? what else might we need?


----------



## AnAmericanInScotland (Feb 8, 2012)

Bjarkash said:


> Do you guys think I should include the *full court sentencing documents* or just state the charge and include a letter of apology and my certificate of wet reckless driving course completion? Confused.
> 
> Thanks in advance!


How many pages are in the full court sentencing documents? Because of the very serious nature of the conviction, the full set might have information that could put it in a less negative light. Breathalyzer results showing a very low number over the legal limit in that state and other mitigating information (wasn't caught in the midst of an actual moving violation, wasn't argumentative, etc) might (stress on the 'might') be helpful.

Also, the full set will show the sentence and remedies-some of which you've completed (driving school). 

You definitely need to include the letter and cert from the course.

I looked up 'spent/unspent' convictions, depending on your sentence (custodial or fines, etc) you might have a 'spent' conviction by the time you apply or at least by the time the ILR application should be made. See the following for a chart showing timetables:

Spent and Unspent Criminal Convictions in relation to an Enhanced CRB Check


----------



## AnAmericanInScotland (Feb 8, 2012)

Bjarku said:


> Hi, We're looking for third party sponsorship from my parents to demonstrate that we're not going to need to claim benefits when my fiance gets over here. what kind of documents are we going to need to show that they can support us? just a signed letter and mortgage statements? what else might we need?


The suggested/required documents are listed on the form and the Guidance Notes for the visa you are going for; generally for a 3rd party sponsor who is providing both financial and accommodation assistance, you'll need bank statements, something official on the housing like mortgage or title info, and a letter stating the extent of the assistance they are going to provide. 

There is a form called Sponsor Undertaking that you'll see at some point in the process, and you'll wonder if your parents should fill that out-right now in your visa category it isn't required; it is a legal document that obligates the sponsor for the entire probationary period. You don't need that and the UKBA will probably ignore it if you decide to send it. 

If you provide the documents noted on the form and Guidance Notes, you should be ok on the 3rd-party sponsor info they need to make a determination.


----------



## Bjarku (Jun 18, 2012)

Just an update for anyone who reads this thread in the future, we got our visa!


----------

