# Please help re Conflicting info fiance/spouse visas



## Eleanor1981 (Jun 22, 2010)

Hi there,
I am british and my boyfriend is american. We want to get married and he wants to live here in london with me.
We thought the best way to do this is for me to go to the states and us to marry there. Me to come back and then arrange for an agent to sort out an application for spouse visa (average cost quoted so far £1200 + £664 embassy fee)
But today I spoke to an agent operating on a 'no visa full refund' service, they told me that rather then going to the states getting married and flying back to file a spouse visa, that I should apply for a fiance visa so that my boyfriend can come to britain we get married straight away and upgrade our fiance visa to spouse visa for no extra cost and he wont have to leave the uk (which saves us on airline fees). Now ive dont alot of research on the internet and as far as i can see you not only have to pay for a fiance visa but you have to pay for a spouse visa on top of that so are they lying? How are they allowed to get away with this if so? Its very tempting to pay them the fee and save on the airline costs of me flying there to get married and flying back. We dont have alot of money and Im worried we'll end up paying more because we tried to take shortcuts. I really dont know what to do and any help on this would be appreciatted.
Thanks,
Eleanor


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## Joppa (Sep 7, 2009)

Eleanor1981 said:


> Hi there,
> I am british and my boyfriend is american. We want to get married and he wants to live here in london with me.
> We thought the best way to do this is for me to go to the states and us to marry there. Me to come back and then arrange for an agent to sort out an application for spouse visa (average cost quoted so far £1200 + £664 embassy fee)
> But today I spoke to an agent operating on a 'no visa full refund' service, they told me that rather then going to the states getting married and flying back to file a spouse visa, that I should apply for a fiance visa so that my boyfriend can come to britain we get married straight away and upgrade our fiance visa to spouse visa for no extra cost and he wont have to leave the uk (which saves us on airline fees). Now ive dont alot of research on the internet and as far as i can see you not only have to pay for a fiance visa but you have to pay for a spouse visa on top of that so are they lying? How are they allowed to get away with this if so? Its very tempting to pay them the fee and save on the airline costs of me flying there to get married and flying back. We dont have alot of money and Im worried we'll end up paying more because we tried to take shortcuts. I really dont know what to do and any help on this would be appreciatted.
> ...


I suppose if they are a UK-based visa agent, it's in their interest to persuade you to go for two-stage fiance visa followed by further leave to remain (FLR) as a spouse, for which they get their fees because you apply for it in UK. On your original plan, you only need to pay for your settlement visa following your marriage in US, which is valid up to 27 months, and you can apply for indefinite leave to remain (ILR) after 2 years' residence. Do whatever you feel will suit your needs and preference. You can have a very quiet wedding in US just involving immediate families (and they may contribute to the cost), and airfare needs not be crippling if you avoid peak times like Christmas/New Year and July/August. You can probably stay with your future in-laws to save on hotel costs. You can do your visa application without using an agent, though some people say that using a visa expediter can cut the processing time from weeks down to days and it's money well spent.


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## Eleanor1981 (Jun 22, 2010)

Joppa said:


> I suppose if they are a UK-based visa agent, it's in their interest to persuade you to go for two-stage fiance visa followed by further leave to remain (FLR) as a spouse, for which they get their fees because you apply for it in UK. On your original plan, you only need to pay for your settlement visa following your marriage in US, which is valid up to 27 months, and you can apply for indefinite leave to remain (ILR) after 2 years' residence. Do whatever you feel will suit your needs and preference. You can have a very quiet wedding in US just involving immediate families (and they may contribute to the cost), and airfare needs not be crippling if you avoid peak times like Christmas/New Year and July/August. You can probably stay with your future in-laws to save on hotel costs. You can do your visa application without using an agent, though some people say that using a visa expediter can cut the processing time from weeks down to days and it's money well spent.



Thanks Joppa,
the only thing is he was trying to persuade me that its the cheaper way to go about it by applying for the fiance visa I asked him three times if we'd have to pay for the spouse visa and he said no each time. Im just trying to figure out the cheapest option and scared to get conned by this too good to be true offer he's making me, I did a check on this company and they are run by a firm of solicitors in london and I cant see any reviews about their service. It would be the best thing ever if he came here on a fiance visa and we only had to pay one embassy visa fee and for one single flight . I asked him to re iterate what he told me in an email and he said he didnt have the time, sounds dodge right? I just dont know if its worth taking the risk and how people are allowed to do this?


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## Joppa (Sep 7, 2009)

I can definitely confirm that if you are going to get married in UK, you will have to pay twice - once for a fiance visa in US and again for a settlement visa (spouse) in UK, effectively doubling your visa fees.


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## izzysmum04 (Nov 26, 2007)

*Hi, Eleanor. I'm not an expert by any means, but you would definitely have to pay for both the fiance visa, then turn around and pay for his spousal visa once married. I had a friend who went through this same process, and she had to shell out money for both visas. She wishes she would just have gotten married in the US, and paid for the spousal visa, as it would have been cheaper. You can't just switch from a fiance visa to a spousal visa without doing the proper paperwork and paying the fee. 

*


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## Eleanor1981 (Jun 22, 2010)

Thankyou Izzysmum and Joppa you've confirmed what I thought was true and I'm definately not going to go through with these agents they cant be trusted at all!
I will go with my original idea of flying to the states and getting married then applying for the spouse visa on my return.
Many Thanks again!


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## Joppa (Sep 7, 2009)

izzysmum04 said:


> Hi, Eleanor. I'm not an expert by any means, but you would definitely have to pay for both the fiance visa, then turn around and pay for his spousal visa once married. I had a friend who went through this same process, and she had to shell out money for both visas. She wishes she would just have gotten married in the US, and paid for the spousal visa, as it would have been cheaper. You can't just switch from a fiance visa to a spousal visa without doing the proper paperwork and paying the fee.


The thing is, a fiance visa, which costs $966, only allows your boyfriend to come to UK to be married within 6 months. After marriage, he will have to apply for further leave to remain as someone married to a British citizen, on form FLR(M), which costs £475 by post or £735 in person for same-day service. If you get married in US, your boyfriend only pays the same $966 for a spouse visa (settlement visa for someone married to a British citizen) and there is nothing further to pay after moving to UK, until he applies for indefinite leave to remain after 2 years.


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## Joppa (Sep 7, 2009)

Eleanor1981 said:


> Thankyou Izzysmum and Joppa you've confirmed what I thought was true and I'm definately not going to go through with these agents they cant be trusted at all!
> I will go with my original idea of flying to the states and getting married then applying for the spouse visa on my return.
> Many Thanks again!


Your boyfriend applies for his spouse visa *while he is still in US following your wedding*. It can take a few days to several weeks for the visa to come through, and what most couples do is for the British partner to return home first to await their US spouse to join them with a settlement visa.


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## Eleanor1981 (Jun 22, 2010)

Joppa said:


> Your boyfriend applies for his spouse visa *while he is still in US following your wedding*. It can take a few days to several weeks for the visa to come through, and what most couples do is for the British partner to return home first to await their US spouse to join them with a settlement visa.


I was thinking maybe to start preparing documents that we do have now, then once we have enough for the embassy fee to take these docs and papers with me and get married, submit the application with the marriage cert etc and then come home and wait for him? Sounds like the better of the two. I dont think we'll get an agent to do I'm hoping it'll be straight forward enough to complete by ourselves we're quite low on funds so its difficult to ay agents fees.


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## izzysmum04 (Nov 26, 2007)

*Honestly, Eleanor, I wouldn't bother with an agent. I can say, from first hand experience, it's not that difficult. The whole process is pretty straightforward, and easy to follow. Good luck with everything! x*


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## Eleanor1981 (Jun 22, 2010)

ok thanks izzysmum will try doing it ourselves but i'm sure ill b back on here asking more questions!


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## Joppa (Sep 7, 2009)

Eleanor1981 said:


> I was thinking maybe to start preparing documents that we do have now, then once we have enough for the embassy fee to take these docs and papers with me and get married, submit the application with the marriage cert etc and then come home and wait for him? Sounds like the better of the two. I dont think we'll get an agent to do I'm hoping it'll be straight forward enough to complete by ourselves we're quite low on funds so its difficult to ay agents fees.


Look around this forum for previous threads on applying for UK settlement visa in US. Plenty of first-hand experiences, do's and don'ts, and handy hints. Yes, start collecting documentary evidence now for the settlement visa application.


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## Eleanor1981 (Jun 22, 2010)

Joppa said:


> Look around this forum for previous threads on applying for UK settlement visa in US. Plenty of first-hand experiences, do's and don'ts, and handy hints. Yes, start collecting documentary evidence now for the settlement visa application.


Thanks Joppa will do!


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## Marc de Winnaar (Jun 23, 2010)

*Fiance/Spouse Visa*

Hi Eleanor,

Not sure if you have managed to find out further information elsewhere, but I will be happy to provide some clarity on the options available to you. Essentially, you are faced with two options: 

1) Go to the USA and get married, thereafter your boyfriend can apply for a Settlement Spouse Visa (valid for 27 months, costs £644 - USA $ equivalent). 

2) If you would like to marry in the UK, your boyfriend will first need to make an application for a Fiance Visa (valid for 6 months, costs £644 equivalent), then enter the UK on this visa and give notice to marry. After you are married, your boyfriend (spouse at that time) will be eligible to apply for a Marriage Visa (valid for 24 months, costs £475 for a postal application or £730 for a priority application). He will be able to switch visa statuses within the UK.

The above options do not take into account agent fees, however, £1200 seems a bit extreme. You will obviously also need to factor in the cost of a flight if you decide to go with the first option. 

Hope this helps! 

Regards,

Marc de Winnaar





Joppa said:


> Look around this forum for previous threads on applying for UK settlement visa in US. Plenty of first-hand experiences, do's and don'ts, and handy hints. Yes, start collecting documentary evidence now for the settlement visa application.


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## Eleanor1981 (Jun 22, 2010)

Marc de Winnaar said:


> Hi Eleanor,
> 
> Not sure if you have managed to find out further information elsewhere, but I will be happy to provide some clarity on the options available to you. Essentially, you are faced with two options:
> 
> ...



Hi Marc,
well Im definately going ahead with flying to the states getting married there, but I thought we would apply for a spouse visa without paying an agent but today I spoke to what seemed like a very clued up consultant and wasnt pushy at all. He said they would charge us £700 to prepare the application, which we could pay 50% to get the ball rolling and then the other 50% plus £730 embassy fees when its time to apply at the embassy. Apparently because my boyfriends drivers license is registered in the state of florida he has to give the embassy in chicago his application. So now Im thinking once we have all the documentation ready and remaining fees to fly to chicago and meet my boyfriend, get married and then straight to the embassy hand in the papers (the agent told me usually the visa is issued on the day paying the £730) then me and my now husband leave the states together. Is that a realistic plan??? Or am I throwing away money going thru this agent?


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## izzysmum04 (Nov 26, 2007)

*Eleanor, unfortunately you can no longer apply in person for a spousal visa. Within the US, it must be done online, and then sent through the post. This link from the UK Border Agency website gives you the full steps on how to apply for a visa. As I said before, it really isn't all that hard. Good luck with whatever you decide.  *


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## Marc de Winnaar (Jun 23, 2010)

*Fiance/Spouse Visa*

Hi Eleanor,

Okay, so now that you have decided where you would like to marry, it makes it a bit easier to advise on your steps moving forward.

You mentioned that you spoke to an agent who advised you of an application fee of £730. However, this fee refers to a priority application which takes place within the UK and is therefore not applicable. Any fees which you will pay for this application will be paid in US Dollars and I have included these below: 

Embassy Fees payable in USA:

Application fee for the settlement application payable in US Dollars is currently $966. An additional $300 + Tax is payable should you decide to use the priority processing service for the settlement application. There are a few important things to note about using the priority service and I have copied and pasted these in blue below:

----------------------------------------------------------------------------------------------------
*Settlement priority service*

This service is available at the UK Border Agency in Los Angeles, New York or Chicago. Please note that this service is only available to applicants based in the United States.

Cost: $300 USD + taxes

Applicants must ensure that they have submitted their biometrics at their chosen Application Support Center before sending their visa application to the UK Border Agency. Applicants should only purchase the settlement priority service on the day they intend to send their visa application to their designated visa application centre. Applicants must ensure that they identify their designated visa application centre location at the time of purchase, based on their state of residence as advised on the online application system.

Settlement priority service applications will be processed ahead of other settlement applications. Under normal circumstances, settlement priority service applications will be processed within 15 working days (not including public holidays) from the date of receipt at the UK Border Agency. After purchasing this service, applicants must write ‘Settlement Priority Service’ and your WorldBridge payment reference code on the outside of your visa application envelope. This will enable the UK Border Agency staff to identify your visa application as priority. You must also print out your WorldBridge payment receipt and include it with your visa application. Please ensure that you place your receipt at the top of your application documents package inside the envelope.

The amount paid for the settlement priority service, as well as visa fees, is not refundable if the visa application is refused or, in exceptional cases, takes longer than 15 working days to process the application.

This service is available for settlement category applications only and is only available for applicants who meet the following requirements:

1. Have not previously been refused a visa for the UK, and/or; 

2. Have not been refused leave to enter the UK, and/or 

3. Have not previously been deported, removed, or otherwise required to leave the UK, and/or; 

4. Have not overstayed a period of leave in the UK, and/or; 

5. Have not been refused leave to remain in the UK by the Home Office, and/or; 

6. Have not previously been refused a visa for Australia, Canada, New Zealand, United States of America or the Schengen countries. 

7. Have not been convicted of a criminal offence in the UK or the USA. 

*Important notes: *

The UK Border Agency strongly recommends that applicants with any form of adverse immigration history do not use this service. 

This service does not guarantee in any way that applicants applying for this scheme will be successful in their visa application. All applicants using the service must qualify against the requirements of the UK immigration rules to be issued a visa. 

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As you will be able to see from the above info, the priority service is available to those applying in Chicago, as well as a few other cities. However, I don't believe that the place of issue of your partner's driver's license has any to do with where he needs to apply. Provided he is able to submit his application in Chicago, he will be able to use the priority processing service - assuming he does not fall short on any of the points listed in the above link.

£700 as an agent fee is still quite high in comparison to what we would charge.

Regards,

Marc de Winnaar




Eleanor1981 said:


> Hi Marc,
> well Im definately going ahead with flying to the states getting married there, but I thought we would apply for a spouse visa without paying an agent but today I spoke to what seemed like a very clued up consultant and wasnt pushy at all. He said they would charge us £700 to prepare the application, which we could pay 50% to get the ball rolling and then the other 50% plus £730 embassy fees when its time to apply at the embassy. Apparently because my boyfriends drivers license is registered in the state of florida he has to give the embassy in chicago his application. So now Im thinking once we have all the documentation ready and remaining fees to fly to chicago and meet my boyfriend, get married and then straight to the embassy hand in the papers (the agent told me usually the visa is issued on the day paying the £730) then me and my now husband leave the states together. Is that a realistic plan??? Or am I throwing away money going thru this agent?


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## izzysmum04 (Nov 26, 2007)

*It is true that his licence has nothing to do with where he will apply. It's the state he is a resident in that determines where the application will be sent.

Here is also another good website that breaks down applying for the spousal visa in a lot easier terms.*


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## Eleanor1981 (Jun 22, 2010)

izzysmum04 said:


> *Eleanor, unfortunately you can no longer apply in person for a spousal visa. Within the US, it must be done online, and then sent through the post. This link from the UK Border Agency website gives you the full steps on how to apply for a visa. As I said before, it really isn't all that hard. Good luck with whatever you decide.  *



Oh no! Thanks for the info, so then we wont get it on the day?


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## Eleanor1981 (Jun 22, 2010)

Thaks Izzysmum and Marc this is really important to note and I didnt realise this so if I marry in America we have to apply online and pay the fees off $966 (is this plus tax?) and then $300 plus tax if its the priority service which isnt a same day service it'll be done within 15 working days?
If we marry in the UK then we apply for the spouse visa here and pay the £730 in person as a priority service then assuming?
After a long discussion and looking at our financial situation it really looks like we wont be hiring an agent so we will have to do this ourselves, Im quite scared of our application being rejected and losing all that money. Is there a service that exists anywhere that doesnt arrange the application but will review it before you submit? This is really nerve wrecking!!!


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## Marc de Winnaar (Jun 23, 2010)

No, doesn't look like you will get the visa on the day. Although it states 15 working days as the average turnaround time, if you go with the priority service I am hoping you will only have to wait a week or so for a result. 

Please note that the British Embassy in USA will not guarantee any turnaround time so it will be difficult for you to make any definite travel plans. It is possible to submit the application without your passport, which means you will be free to travel back to the UK when you wish; however, your partner will not be able to travel to the UK until he has his passport and settlement visa.

Regards,

Marc de Winnaar


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## izzysmum04 (Nov 26, 2007)

Eleanor1981 said:


> Oh no! Thanks for the info, so then we wont get it on the day?


*Unfortunately, no. Even the purchasing of the settlement priority service will take (normally) about 2 weeks. It says on the UKBA website, "Settlement priority service applications will be processed ahead of other settlement applications. Under normal circumstances, settlement priority service applications will be processed within 15 working days (not including public holidays) from the date of receipt at the UK Border Agency.

Sorry x-posted w/ Marc*


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## izzysmum04 (Nov 26, 2007)

Eleanor1981 said:


> If we marry in the UK then we apply for the spouse visa here and pay the £730 in person as a priority service then assuming?


*He can't apply for the spousal visa here. If you were to marry here in the UK, he would have to return to the US to apply there. You have to apply from your country of origin, unfortunately. 
*


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## Joppa (Sep 7, 2009)

izzysmum04 said:


> He can't apply for the spousal visa here. If you were to marry here in the UK, he would have to return to the US to apply there. You have to apply from your country of origin, unfortunately.


To get married in UK *and* to stay on, your fiance has to get in advance a fiance visa in US, which gives him a window of six months to get married after his arrival in UK (he cannot work during this time). Then he will make an application to the Home Office, while in UK, for a spouse visa (further leave to remain). So no need to return to US - but has to pay twice for two visas.


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## Marc de Winnaar (Jun 23, 2010)

*Fiance/Spouse Visa*

Eleanor, Joppa is correct. If your partner was to enter the UK on a Fiance Visa, he will have 6 months in which to get married. You are normally required to give 15 days notice before marrying. Once you are married, your partner (then spouse) will be eligible to apply for a Spouse/Marriage Visa from within the UK. i.e. He will not need to return to USA to make the application. 

Please refer to my initial response where I discussed the two options available to you. Here I have detailed the costs involved with this approach.

Regards,

Marc de Winnaar




Joppa said:


> To get married in UK *and* to stay on, your fiance has to get in advance a fiance visa in US, which gives him a window of six months to get married after his arrival in UK (he cannot work during this time). Then he will make an application to the Home Office, while in UK, for a spouse visa (further leave to remain). So no need to return to US - but has to pay twice for two visas.


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## Eleanor1981 (Jun 22, 2010)

Thanks guys for all of this information and because of what ive read we've changed our minds again!!!!
We want to apply for a fiance visa without help from an agent ive printed the application for off and I'm reading through it, it doesnt seem so bad how much different is this from the ILR form I suppose alot of the supporting documents used for this can be used for the spouse visa too?
I spoke to my friend who deals alot with employee visas she told me that my boyfriend will need £800 in his account and have it there for atleast 3 months without spending it. That shouldnt be a problem but we're worried as instead of a bank account he actually uses a prepaid visa card that his salary goes into, do any of you know if this could cause a problem? Also my boyfriend has a really bad credit history (which is why he hasnt got a bank account) how much will this affect the application?
Anyway so the plan is then that if successful he will fly here and stay with me while I continue working and we get married shortly after, then fill out the application and pay the fee for him to stay for two years. This idea appeals to me because I dont have to take time off work and even though he wont have much money when he finds a job he can pay me back. Btw does anyone have any idea how much money he has to enter the country with? 
Thanks again for all your advice!


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