# US Girlfriend & UK Boyfriend - Help Needed On Visas?



## SWDoctor (May 3, 2015)

Hello, I'm in a situation here in regards to what to do. 
I'm Sam, and my girlfriend and I have been dating for about 2 and a half years online. Speak to her daily and FaceTime almost every single day. She lives in New York and we're looking to move her over here after her graduation next year, but I am struggling on what Visa would be best for the situation we're in. We want to be able to live together and for her to migrate to the UK permanently, as issues at her home aren't great and she'd rather not spend anymore time than she needs to there. I'm trying my best to look at what requirements, eligibility and such I would need for her to migrate over. Obviously we've been dating online, but i'm not sure the UK government consider that a 'genuine' relationship, as we need to have been living together for that period of time.

I'm honestly stumped at to what to do and need some advice on what options we have in order to get her over here.

(Please also be gentle. This is my first post on this forum  )


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## Crawford (Jan 23, 2011)

You have the options of:

She qualifies under her own right to enter the UK with a work or study visa. If granted such a visa you do have the option of marrying while on such a visa.

You get married and apply for a spouse visa. Since you have not been living together for any length of time the unmarried partner option is not open to you.

If you marry YOU will have to show that you can sponsor her and fulfill the financial requirements.

The financial requirements are below:

https://www.gov.uk/government/uploa...pendix_FM_Annex_1_7_Financial_Requirement.pdf


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## nyclon (Apr 3, 2011)

Your choices are limited. To qualify for a Tier 2 work visa she has to find an employer to sponsor her. As a recent university graduate with little or no experience, she's fighting an uphill battle. If her job isn't on the shortage occupation list and employer has to do a resident labour market test to prove there in no one who doesn't need a visa who can fill the position. Again, with little or no work experience the chances are pretty slim. 

She can enroll in a degree program. She'll pay international student fees and the visa does not lead to settlement. If she can't find a job after graduating, she'll have to return to the US.

She can't apply for a fiance visa to marry in the UK because you have never met.

You could go to the US, marry and then provided you can meet the financial, accommodation and relationship requirements she can apply for a spouse visa from the US and once granted she can move to the UK.


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## SWDoctor (May 3, 2015)

Thank you for the quick responses! It seems like it would carry a lot of legality questions if I marry in the US and then bring her back to the UK. Is there a 'cooling off' period I should know about? How soon after we marry can we return to the UK? Also would I need to return and she return with me or on her own? Apologies for the questions!


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## nyclon (Apr 3, 2011)

I don't think anyone will advise you to jump on a plane and marry someone you've never met in person however, you don't need a visa to marry in the US. You can marry on a regular tourist visa. 

She can't come to the UK until she applies for a receives a spouse visa and as stated you need to meet the financial, accommodation and relationship requirements. What may cause you a problem is getting married the 1st time that you meet. It could be construed as a marriage of convenience. You really should make an attempt to meet once or twice so you can better establish your relationship in the eyes of UKVI, before you apply for a visa.


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## SWDoctor (May 3, 2015)

Of course! She's hopefully coming over this Christmas/New Year to spend some time with us so that's not an issue.


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## Water Dragon (Jun 28, 2011)

SWDoctor said:


> Thank you for the quick responses! It seems like it would carry a lot of legality questions if I marry in the US and then bring her back to the UK. Is there a 'cooling off' period I should know about? How soon after we marry can we return to the UK? Also would I need to return and she return with me or on her own? Apologies for the questions!


As long as you've met and can provide relationship documentation, there's no time requirement for getting married. It is actually cheaper to marry in the US and apply for the spouse visa. Otherwise, you have to pay for the 6 month fiancee visa and as soon as you're married in the UK, she would have to apply for the spouse visa as well, so you end up paying twice as much within a 6 month period. She also cannot work on a fiancee visa, but can work immediately once granted the spouse visa.

My husband and I knew each other for 3 years and he visited me in the US 3 times prior to coming over for our wedding on August 3, 2013. My visa took 10 days and I arrived in Scotland on Sept. 27, 2013. My husband had to return to work 10 days after the wedding, so I traveled over on my own.

Be sure to read through this forum and ask plenty of questions before you do any applications. It will save you a lot of time, stress and possibly money.


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## SWDoctor (May 3, 2015)

Me again on this same post, seen as I didn't feel the need to make a new one. We're planning on marrying next year, but would we need to wait for any length of time to apply for the visa? Just asking incase excitement takes over. I don't want to ruin things at that late stage.


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## Water Dragon (Jun 28, 2011)

SWDoctor said:


> Me again on this same post, seen as I didn't feel the need to make a new one. We're planning on marrying next year, but would we need to wait for any length of time to apply for the visa? Just asking incase excitement takes over. I don't want to ruin things at that late stage.


Your next steps depend on whether you want to get married in the US or in the UK. If she gets to visit here and you make a trip to the US prior to getting married, it would benefit her application. Again, if you marry in the US, she only has to apply for the spouse visa as soon as she can get the official copy of the marriage certificate - there's no set timeframe. The hardest part of that is to coordinate your documentation - payslips, bank statements, etc. (My husband returned to Scotland after our wedding and I joined him here less than a month later upon getting my visa.)

If you want to get married in the UK, she would have to appy for the fiancee visa which is good for 6 months and then she would have to reapply for FLR(M) as soon as you are married. This is financially difficult due to the large fees involved within a 6 month period, in addition to wedding costs, etc.

So....you both need to decide this, then work out the time line for all the documentation and application steps necessary.


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## SWDoctor (May 3, 2015)

Would she need to come here to visit? As I am arranging to visit her in the US


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## Water Dragon (Jun 28, 2011)

SWDoctor said:


> Would she need to come here to visit? As I am arranging to visit her in the US


It isn't a requirement (in your previous post, you said she was visiting over the holidays). I was suggesting it since it sounds like you will otherwise only meet once before getting married. I'd never visited Scotland before we married, but my husband came to the US 3 times over a 2 year period prior to his fourth visit for our wedding. In our case, the length of our relationship and his several visits were sufficient (plus we were both over 50  ).


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## SWDoctor (May 3, 2015)

Yeah it's come to be apparent that she won't be able to visit here, but I'll be able to visit her. I see, not a requirement but a safety measure it seems  still, it's an excuse to see her none the less


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## nyclon (Apr 3, 2011)

Has she ever been to the UK?


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## SWDoctor (May 3, 2015)

She has not. I'm only able to visit her due to personal issues.


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## nyclon (Apr 3, 2011)

Where do you live in the UK? Where does she live in New York? Love is one thing but picking up lock, stock and barrel to move to a foreign country you've never even visited is a huge risk. Some people adjust easily. Some don't. You both need to give this some thought.


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## SWDoctor (May 3, 2015)

I've already spoken to her about this. But problems at home involving her and her family, private matters, she'd rather leave and take the chances than stay. I understand it's unorthodox but she wants to do this.


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## Crawford (Jan 23, 2011)

SWDoctor said:


> I've already spoken to her about this. But problems at home involving her and her family, private matters, she'd rather leave and take the chances than stay. I understand it's unorthodox but she wants to do this.


Have you looked at the financial requirements you have to fulfill?

All your plans are 'moot' if you cannot afford to sponsor her.


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## SWDoctor (May 3, 2015)

Yes I have. I can meet the requirements. Does she also have to meet the requirements or not?


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## secretlobster (Mar 2, 2015)

She doesn't need to come to the UK to visit, you just need to prove that you've met and have a substantial relationship. I would highly recommend getting married in the US instead of the UK, it's FAR easier and less expensive. My husband and I married in my town of residence in Connecticut and it was almost too easy - I picked him up from the airport, we drove to the town clerk's office, had a licence in 10 minutes, went to the justice of the peace we'd made an appointment with beforehand, and we were married. It just doesn't make sense to get married in the UK unless you really have a compelling reason; the 28-70 day waiting period and visa fees made that decision easy for us.


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## SWDoctor (May 3, 2015)

We will be marrying in the US. I'll be meeting her around September this year and going back to marry in June time next year


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## Crawford (Jan 23, 2011)

SWDoctor said:


> Yes I have. I can meet the requirements. Does she also have to meet the requirements or not?


Read the document ......


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## SWDoctor (May 3, 2015)

Crawford said:


> Read the document ......


It says: 
• You must have enough money to support yourselves (and any dependents) without claiming public funds.
• Your sponsoring partner must earn more than £18,600 per year or have enough savings to be able to sponsor you. The minimum financial requirement is higher if they are also sponsoring dependant children.

She is currently looking for a job and has a couple of interviews lined up. I also am working and do earn that requirement. I'm sure that covers that side of the Visa, correct?


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## nyclon (Apr 3, 2011)

If she is not living in the UK on a visa which allows her to work then the financial requirement falls to you.


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## SWDoctor (May 3, 2015)

nyclon said:


> If she is not living in the UK on a visa which allows her to work then the financial requirement falls to you.


So it would just be me that would need to earn £18,600 to meet the requirements. Okay, thank you. I apologise for the amount of questions too, not exactly done this before.


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## Poco (May 6, 2015)

SWdoctor 

1st, there is no need to apologise, this is what the forum is for. To make things clear. And you have people like Joppa, Nyclon, Crawford and many others who know what they are talking about and share their opinions. 

Just a quick note, someone suggested that ur partner should visit before moving lock stock and barrel. I completely agree!! I am in the applicant's seat. My fiance is from the UK. We met while he was on cricket tour a couple years back and have been dating over the "cyberspace" for almost a year. We were meant to marry in 2017, but its been difficult. I am in finance here and i've been successful in what i do. but it begs the question of whether it's worth building your career here (South Africa) or rather taking your experience over to the UK and building a future there. (As i intend to move in 2 years anyway.) 

Suffice to say, we have decided to bring the move forward to August 2015 on a marriage visa and then when i return to SA i will apply for a spouse visa. We are doing this so I can spend a few months settling in the UK and getting a feel for things before I jump into work and the big move.

LONG STORY SHORT, the only advice i can give you on RELATIONSHIPS, being in the same boat as you is: 
1) Long distance relationships can be easy for some people and to manage it for 2.5years is impressive BUT, you need to understand that chatting over the phone and being with the person are 2 completely different things. the first time my fiance and I met after we started dating, was bliss. It was amazing. We were still in that honeymoon stage of being together and enjoying that. the second and 3rd times meeting, we came across real life problems that all couples go through. Y its only human for you to think you know the person well. I speak to my fiance every single day like you do. But being apart you pull out all the good qualities and overlook the bad. So in most cases, when you are finally together, the other person falls short of your expectations because you've built up this perfect person in your head. 

The only advice I can offer is that before you marry out of the "better life" theory, know who you are marrying first. Take your time to meet her a couple times. This may not make much sense now, but it will in time. 

2) The UK lifestyle, weather and food are all huge changes from the US and SA. I've been to the UK a couple time on holiday, the first few times i got homesick after a month. It's gotten better over time. I would strongly advise that you take your time with many face to face trips to see each other and get to know the land. 

Sorry to deviate from the initial question but I thought i would share my thoughts on a comment made somewhere along the way  

Good luck though, wish you all the best (esp being in the same boat as you).


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## SWDoctor (May 3, 2015)

Thank you for your thoughts and opinions. I truly appreciate them all, unfortunately however there are reasons why she can't come here to visit and why it is all a bit of a rush. I can't explain them due to them being personal but I've discussed with her the things we've spoken about here but she'd rather take her chances. She's stubborn like that lol.


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## Poco (May 6, 2015)

lol.. well all i can say is Good Luck Swdoctor. Really hope everything works out.


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