# Spouse visa or fiancee visa?



## Michelle2224 (Dec 4, 2010)

A while ago I traveled to the UK as a US citizen and made the horrific mistake of telling them I wanted to visit but possibly find work and live there. I had planned to do it the legal way (visit for 5 months, get a work sponsor, go back to the US, then come back to the UK and start my job) but tagged with only having $1500 and being unemployed, they sent me right back home.

Months ago, I formally applied for a Tourist visa, provided pay stubs from the two jobs I began to work to pay for my stay, got my boyfriend/sponsor's info, letter from my employer explaining that I would be still be employed during my leave, had over $2500 in my bank account, and shortened my visit to 2 months. They refused my visa on the same grounds as the first visit.

So now we're thinking of applying for fiancee visa or a spousal visa during his visit next month. Is there a significant difference between the two? We know the fiancee visa gives us up to six months to get married in the UK, while I can just apply for the spousal visa if we get married here in the US. The price appears to be the same and both still need to be processed while I'm still waiting here in the US to be with him. My question is the fact that in previous posts, most people are talking about a spousal visa with no mention of a fiancee visa. What are the advantages of a spousal visa versus a fiancee visa? 

During the process do we both require an interview? Will I need a certain amount of money or will his bank accounts be enough to show we will not be living off of UK funds?


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## Joppa (Sep 7, 2009)

Michelle2224 said:


> A while ago I traveled to the UK as a US citizen and made the horrific mistake of telling them I wanted to visit but possibly find work and live there. I had planned to do it the legal way (visit for 5 months, get a work sponsor, go back to the US, then come back to the UK and start my job) but tagged with only having $1500 and being unemployed, they sent me right back home.
> 
> Months ago, I formally applied for a Tourist visa, provided pay stubs from the two jobs I began to work to pay for my stay, got my boyfriend/sponsor's info, letter from my employer explaining that I would be still be employed during my leave, had over $2500 in my bank account, and shortened my visit to 2 months. They refused my visa on the same grounds as the first visit.
> 
> ...


With spouse visa, after marrying in US, you get to live in UK for 27 months, after which you apply for indefinite leave to remain (ILR). With a fiancée visa, after travelling to UK and getting married, you have to apply again for further leave to remain (FLR) valid 2 years. So it involves two applications and two lots of fees. So most people find it easier and cheaper to get wed in US and travel to UK with a spouse visa. UK fiancé can just come over on visa waiver - no special visa required. Check with your local courthouse etc what documents they require for a marriage involving a foreigner.
No interview is normally required - everything is done on paper. You need to meet maintenance (finance) and accommodation requirements - see Maintenance & Accommodation (MAA)


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## Michelle2224 (Dec 4, 2010)

Joppa said:


> With spouse visa, after marrying in US, you get to live in UK for 27 months, after which you apply for indefinite leave to remain (ILR). With a fiancée visa, after travelling to UK and getting married, you have to apply again for further leave to remain (FLR) valid 2 years. So it involves two applications and two lots of fees. So most people find it easier and cheaper to get wed in US and travel to UK with a spouse visa. UK fiancé can just come over on visa waiver - no special visa required. Check with your local courthouse etc what documents they require for a marriage involving a foreigner.
> No interview is normally required - everything is done on paper. You need to meet maintenance (finance) and accommodation requirements - see Maintenance & Accommodation (MAA)


What exactly makes a spousal visa the easier choice of the two?


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## izzysmum04 (Nov 26, 2007)

*It's not that the spousal visa is any more easier for apply for. I believe what Joppa means is that it's much easier (as in less paperwork and less expense) to just get married in the US and apply for a spousal visa straight away. Like Joppa pointed out...if you go the fiance visa route, you will have to apply for two different visas and pay two fees...all within the period of 6 months. Both the fiance & spousal visa's are £750/each. Not to mention, if you were to come over on a fiance visa you would not be allowed to work (or even search for work) in that 6 months. *


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## Michelle2224 (Dec 4, 2010)

Assuming everything goes well and I get the extension for two years, will I be able to visit family within that two year period?


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## Joppa (Sep 7, 2009)

Michelle2224 said:


> Assuming everything goes well and I get the extension for two years, will I be able to visit family within that two year period?


Yes, it's multi-entry so you can go abroad as often as you like.


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## Michelle2224 (Dec 4, 2010)

With the fiance visa, is there a possibility that they would deny my application because of my previous denial when I looked for work? Is there something I could do to expunge having done that? I don't intend to look for work and I want some way to get that across to them.


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## Joppa (Sep 7, 2009)

Michelle2224 said:


> With the fiance visa, is there a possibility that they would deny my application because of my previous denial when I looked for work? Is there something I could do to expunge having done that? I don't intend to look for work and I want some way to get that across to them.


On your visa application, you have to declare your previous denials. They will look them up on their system and find out about the details, the circumstances and so on. The fact that you have been previously refused entry and a tourist visa doesn't mean you will be unsuccessful - you start with a clean slate, as it were, because you are committing your future with your fiancé in UK. Provided all your details are correct and you meet all their requirements (esp the bit about having enough funds not to have to work immediately on arrival), there is no reason why you shouldn't, as your circumstances then were very different. And you can start work as soon as you get your further leave to remain, and if you use same-day premium service (recommended), it can be only days after your wedding.
Of course all my reassurances mean nothing and the decision will be made by the consular staff from all available evidence, but you do have the right of appeal.


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## Michelle2224 (Dec 4, 2010)

Joppa said:


> On your visa application, you have to declare your previous denials. They will look them up on their system and find out about the details, the circumstances and so on. The fact that you have been previously refused entry and a tourist visa doesn't mean you will be unsuccessful - you start with a clean slate, as it were, because you are committing your future with your fiancé in UK. Provided all your details are correct and you meet all their requirements (esp the bit about having enough funds not to have to work immediately on arrival), there is no reason why you shouldn't, as your circumstances then were very different. And you can start work as soon as you get your further leave to remain, and if you use same-day premium service (recommended), it can be only days after your wedding.
> Of course all my reassurances mean nothing and the decision will be made by the consular staff from all available evidence, but you do have the right of appeal.


Will they look at just my funds or both of our funds since I will be living with him?


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## Joppa (Sep 7, 2009)

Michelle2224 said:


> Will they look at just my funds or both of our funds since I will be living with him?


Combined funds, plus any other third-party help such as families, relatives etc.


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