# bev-guidance-please!!



## peppera-ann- (Feb 4, 2008)

alrighty-
can you tell me the probability of ...
Getting accepted if he is still here when we file for the spousal visa.Things are escalating here faster than we thought they would regarding staying at the hotel.
If we were completely honest (would be anyway of course)in explaining our situation on the visa etc.?
I know that if we are denied we have 28 days in which to file an appeal if they deny us? At that time I suppose we could send him home asap and file the appeal?
I know that it is best to send him home asap! but this is my question about hime being here and applying. 
thank you bev-and everyone!
cheers


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## peppera-ann- (Feb 4, 2008)

or anyone????


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## jojo (Sep 20, 2007)

I'm not sure anyone else would know the full history of your problem. I certainly dont, sorry, but I know its complicated and that Bev has been helping you. If its that you want to go to the UK then I personally would say DONT its horrible there, get your husband to move to the US????

Sorry, I'm sure thats the wrong answer for you lol !! Bev, I'm sure will be along shortly

Jo xxx


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## peppera-ann- (Feb 4, 2008)

jojo said:


> I'm not sure anyone else would know the full history of your problem. I certainly dont, sorry, but I know its complicated and that Bev has been helping you. If its that you want to go to the UK then I personally would say DONT its horrible there, get your husband to move to the US????
> 
> Sorry, I'm sure thats the wrong answer for you lol !! Bev, I'm sure will be along shortly
> 
> Jo xxx


well he will be banned from the usa...so really no other option..
but why horrible???


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## Minuvweyna (Aug 6, 2008)

Pepper-Ann,

I mean no offense to Jojo or anyone else who has left the UK because they prefer somewhere else, but I think you will find that there are those that love and hate any country. Their opinions are valid, but they are in fact opinions, and there is no guarantee that you will agree with them (I don't like the US much, but there are many who love it there, and that doesn't make them, or me, wrong). In the end only you and your fiance will be able to determine if the UK will be a good place for the two of you. Since your fiance is a UK citizen he should be able to tell you a lot about it and I'm sure you have discussed the pros and cons of the move.

I've seen a few of your posts, and your situation sounds very complicated. You are almost certainly correct that he will be banned, so living in the US together isn't an option. Always remember though, if the two of you decide you don't like the UK, once you're there, as he is a citizen of an EU member country you will have a lot of flexibility to move around Europe as you wish.

Don't let anyone rattle you about your plan to move to the UK. Just focus on getting married and getting through the visa process for now, you will have plenty of time to see if Spain or France or Italy, etc are more to your liking. That is, of course, if you find the UK not to be to your tastes - and there are many of us that love it in the UK, you may well be one!

I did have a thought, but it will need to be confirmed by those who know more. If your spousal visa to the UK is rejected you might try the EEA Family Permit route (by moving somewhere in the EU together, once married, for 6 months). That might ease your transition to the UK if it came to that. I'm not certain.

I hope someone with more information on your situation can be of more practical help, but I thought I would at least offer a word of reassurance, as you undoubtedly have enough stress just now.

Best of luck,
Elizabeth


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## jojo (Sep 20, 2007)

peppera-ann- said:


> well he will be banned from the usa...so really no other option..
> but why horrible???


As Minuvweyna has pointed out, its just my opinion and we're all different. I found it cold (both in climate and the people), claustrophobic, grey, miserable, opressive, decaying and it seems to me that its seriously falling apart in this economic crisis ( can you tell I dont like it lol). So we live in Spain!!

Jo xxx


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## Fatbrit (May 8, 2008)

peppera-ann- said:


> alrighty-
> can you tell me the probability of ...
> Getting accepted if he is still here when we file for the spousal visa.Things are escalating here faster than we thought they would regarding staying at the hotel.
> If we were completely honest (would be anyway of course)in explaining our situation on the visa etc.?
> ...


Your chances of getting a UK visa increase greatly when he is on the ground in the UK with a job to support you and place for you to live. He needs to get back ASAP and start working on these things so they are current when the time comes for your visa application.


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## Minuvweyna (Aug 6, 2008)

It's really all about where you're from. I come from Michigan in the US. So now that I live in Scotland I find the weather gentle, mild, never too hot or cold, and never so dry that all my skin decides to peel off every winter! I also don't turn into a lobster after less than 10 minutes in the sun during July and August, so I'm one of the people who is a big advocate for British weather. In comparison to midwest manners (or lack thereof) I find most people here to be far more polite and less nosey, which I find a blessing. And the accents are a delightful side bonus.  Economically it's definitely weathering worse than some places and better than others (Michigan has had a mass exodus of population and is still hovering around 12% unemployment, so Scotland doesn't seem so bad to me).

It is all about perspective. I don't know where you are moving from, but I expect you will find some things to be better and may miss some other things, but that would be true if you moved to a distant region of the US (Maine to Texas might be an even bigger culture shock!)

Elizabeth


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## peppera-ann- (Feb 4, 2008)

Minuvweyna said:


> It's really all about where you're from. I come from Michigan in the US. So now that I live in Scotland I find the weather gentle, mild, never too hot or cold, and never so dry that all my skin decides to peel off every winter! I also don't turn into a lobster after less than 10 minutes in the sun during July and August, so I'm one of the people who is a big advocate for British weather. In comparison to midwest manners (or lack thereof) I find most people here to be far more polite and less nosey, which I find a blessing. And the accents are a delightful side bonus.  Economically it's definitely weathering worse than some places and better than others (Michigan has had a mass exodus of population and is still hovering around 12% unemployment, so Scotland doesn't seem so bad to me).
> 
> It is all about perspective. I don't know where you are moving from, but I expect you will find some things to be better and may miss some other things, but that would be true if you moved to a distant region of the US (Maine to Texas might be an even bigger culture shock!)
> 
> Elizabeth


haha and im coming from Central Texas...never been out of the states before. I have done so much research to try and prepare for the culture shock.
We celebrated our 1 year anniversary just 2 days ago and in November will have been living together for 2 years.
We have been looking at the wait times, 5 months i have seen, and I just dont want to be apart for that length of time. We know that it will be better if he was there, I am just curious if anyone has actually gotten an approved visa with the sponsor/spouse still in the other country.


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## peppera-ann- (Feb 4, 2008)

Fatbrit said:


> Your chances of getting a UK visa increase greatly when he is on the ground in the UK with a job to support you and place for you to live. He needs to get back ASAP and start working on these things so they are current when the time comes for your visa application.


yes sir,
but have you seen anyone that has stayed and was still approved? we just dont want to have him go (he will be banned) and then get denied for some reason and then not be able to be with each other.


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## Fatbrit (May 8, 2008)

peppera-ann- said:


> yes sir,
> but have you seen anyone that has stayed and was still approved? we just dont want to have him go (he will be banned) and then get denied for some reason and then not be able to be with each other.


There are no guarantees in immigration -- you just attempt to minimize the risks. He needs to be over in the UK now doing just that!


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## peppera-ann- (Feb 4, 2008)

jojo said:


> As Minuvweyna has pointed out, its just my opinion and we're all different. I found it cold (both in climate and the people), claustrophobic, grey, miserable, opressive, decaying and it seems to me that its seriously falling apart in this economic crisis ( can you tell I dont like it lol). So we live in Spain!!
> 
> Jo xxx


well me coming from Texas...we are very hospititable and it is hot here. So the shock of it all may give me a heart attack


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## Minuvweyna (Aug 6, 2008)

peppera-ann- said:


> yes sir,
> but have you seen anyone that has stayed and was still approved? we just dont want to have him go (he will be banned) and then get denied for some reason and then not be able to be with each other.


If the wait times are up to 5 months, you really might want to think about the EEA Family Permit. It would take 6 months, but I think you wouldn't have trouble staying together. Of course moving to somewhere else in Europe might be difficult if you do not have funds and are relying on help from his family (not sure if you said you were). Language might also be a barrier (but the Republic of Ireland might be one to consider in that case). I know there are threads about the topic. I'm no expert, as I've not gone that route.

Elizabeth


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## Minuvweyna (Aug 6, 2008)

Also, I really think Fatbrit is probably right. If your husband (sorry, I thought you guys were pre-marriage! oops!) stays in the US in breach of his visa and you are refused the spousal visa, then the US is still not going to let him stay and he could be deported at any time. Him staying in the States might just jeopardize your initial application and his quick return during the 28 day appeal period is not going to give him time to find employment, so it might not help your appeal much, simply because you won't have time for his return to the UK to have done any good.


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## peppera-ann- (Feb 4, 2008)

Fatbrit said:


> There are no guarantees in immigration -- you just attempt to minimize the risks. He needs to be over in the UK now doing just that!


again, yes sir we know that. My question to everyone is , has anyone been granted with the type of situation i am in?
I realize what should be done. But am wondering (because it states on the website) if it says spouse/sponsor is coming with you or in current country already....
if we could do that?
thank
pepper


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## peppera-ann- (Feb 4, 2008)

Minuvweyna said:


> Also, I really think Fatbrit is probably right. If your husband (sorry, I thought you guys were pre-marriage! oops!) stays in the US in breach of his visa and you are refused the spousal visa, then the US is still not going to let him stay and he could be deported at any time. Him staying in the States might just jeopardize your initial application and his quick return during the 28 day appeal period is not going to give him time to find employment, so it might not help your appeal much, simply because you won't have time for his return to the UK to have done any good.


yes mam, that is just it. funds...ugh.
he came in on his passport 90 day you know. We honestly didnt even know it would be an issue.I wish i had now.


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## jojo (Sep 20, 2007)

peppera-ann- said:


> again, yes sir we know that. My question to everyone is , has anyone been granted with the type of situation i am in?
> I realize what should be done. But am wondering (because it states on the website) if it says spouse/sponsor is coming with you or in current country already....
> if we could do that?
> thank
> pepper


I think the answer to your question is "probably but who knows!"

Jo xxx


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## Fatbrit (May 8, 2008)

peppera-ann- said:


> again, yes sir we know that. My question to everyone is , has anyone been granted with the type of situation i am in?
> I realize what should be done. But am wondering (because it states on the website) if it says spouse/sponsor is coming with you or in current country already....
> if we could do that?
> thank
> pepper


US immigration is a lot easier in one (and probably only one!) respect: they give you clear rules for the financial obligation. With UK immigration you're guessing a bit. But with nowhere to live in the UK, no income and no capital....you're heading for a no. Two of those you could put right now -- and then you're in with a good chance. But you (or rather he) needs to do it rather than think about it.


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## peppera-ann- (Feb 4, 2008)

Fatbrit said:


> US immigration is a lot easier in one (and probably only one!) respect: they give you clear rules for the financial obligation. With UK immigration you're guessing a bit. But with nowhere to live in the UK, no income and no capital....you're heading for a no. Two of those you could put right now -- and then you're in with a good chance. But you (or rather he) needs to do it rather than think about it.


well we will have money in his account in the uk, and we are saving some here. should have 3k there and enough here to get the visa and tickets with about 1k left over.
Also will be living with his parents in 3bedroom home. He also has a job possibly waiting on him when we get there.his friend owns his own business and said he can work there.He will provide a letter as well stating it...I just dont want to ruin our chances, but we also dont want to be apart for a 1/2 a year


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## Fatbrit (May 8, 2008)

peppera-ann- said:


> well we will have money in his account in the uk, and we are saving some here. should have 3k there and enough here to get the visa and tickets with about 1k left over.
> Also will be living with his parents in 3bedroom home. He also has a job possibly waiting on him when we get there.his friend owns his own business and said he can work there.He will provide a letter as well stating it...I just dont want to ruin our chances, but we also dont want to be apart for a 1/2 a year


Not sure where the 6 months is coming from? You should be there within a month or two from application -- albeit with more hoops to jump through. But your chances would be greater if he were already working the job.


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## peppera-ann- (Feb 4, 2008)

Fatbrit said:


> Not sure where the 6 months is coming from? You should be there within a month or two from application -- albeit with more hoops to jump through. But your chances would be greater if he were already working the job.


the wait time on most websites ive seen is like 90 working days. and ive been on other forums and most ppl are on like day 96 and such.


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## Minuvweyna (Aug 6, 2008)

Fatbrit sounds like your soundest advice here. I think you need to do everything you can in order to make sure your initial application is approved. If you are turned down, the likelihood of being approved on appeal is almost certainly low. Being turned down is your biggest problem, because he cannot stay in the US. (I know a lady that is married to an Albanian man. They were married for I think a year and then he was deported because he was illegal. That was in June 2005. Their efforts to get him approved to return to the States have been entirely unsuccessful. Four years later they are apart, and since moving to Albania is a poor option, since he is relying on her ability to make money in the US, as he has found no real work there, they are unlikely to be reunited in a permanent sense.)

I would not risk it, I would send him to the UK and make as strong an application as you can, while you can. Each of us that applies for a spousal visa really only gets one chance. I sympathise with your fear; I share it when it comes to my own application next year. But I would hate to see you in the same situation as my friend and her Albanian husband simply because you didn't send your husband to the UK to get things as ready as he can.

Having him stay until you get a 'yes' or 'no' answer will not make you more likely to stay together. If you get a 'no' that is when you really risk being separated, and then things become much, much harder.

I know you plan to send him on ahead when you get your notice from your employer. But in the current economy, no matter where you are going, three months is not as much time as it seems to both secure a job and start drawing a paycheck so that his new earnings can be used to support the argument that you will be able to support yourselves without recourse to public support. You have extra time; you would do well to use it to the best advantage.


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## Fatbrit (May 8, 2008)

peppera-ann- said:


> the wait time on most websites ive seen is like 90 working days. and ive been on other forums and most ppl are on like day 96 and such.


Your info is wrong. Look it up here:Guide to visa processing times

88% of settlement visas are processed within 60 days, and 24% within 10 days. If you hurray along for your biometrics as soon as you get your letter, that'll keep your time shorter.


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## peppera-ann- (Feb 4, 2008)

Minuvweyna said:


> Fatbrit sounds like your soundest advice here. I think you need to do everything you can in order to make sure your initial application is approved. If you are turned down, the likelihood of being approved on appeal is almost certainly low. Being turned down is your biggest problem, because he cannot stay in the US. (I know a lady that is married to an Albanian man. They were married for I think a year and then he was deported because he was illegal. That was in June 2005. Their efforts to get him approved to return to the States have been entirely unsuccessful. Four years later they are apart, and since moving to Albania is a poor option, since he is relying on her ability to make money in the US, as he has found no real work there, they are unlikely to be reunited in a permanent sense.)
> 
> I would not risk it, I would send him to the UK and make as strong an application as you can, while you can. Each of us that applies for a spousal visa really only gets one chance. I sympathise with your fear; I share it when it comes to my own application next year. But I would hate to see you in the same situation as my friend and her Albanian husband simply because you didn't send your husband to the UK to get things as ready as he can.
> 
> ...


well I certainly see everyones point.  And i sure appreciate everyones input. its just so frustrating because there are never any definitive answers from gov websites. and if they want him there with a job...why even put the false hope of "are you coming to uk alone, or is spouse/sponsor coming with"??? ugh.
I honestly thought that with some money (4k or 5) and a guaranteed place to live-and being married that it wouldnt be a problem. no criminal backgrounds from either of us. we just want to work and be together...GRRRRR 
anywho.
cheers and all that
 pepper


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## peppera-ann- (Feb 4, 2008)

Fatbrit said:


> Your info is wrong. Look it up here:Guide to visa processing times
> 
> 88% of settlement visas are processed within 60 days, and 24% within 10 days. If you hurray along for your biometrics as soon as you get your letter, that'll keep your time shorter.


well i know that is what i saw when i started the intiall research. but last night i saw one some where that said 90 working days. i almost had a heart attack.
and then on forums where ppl blog and stuff they keep saying how long its taking. like 80+ working days they are on. Idk
but thanks for looking it up to verify! :clap2:


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## Fatbrit (May 8, 2008)

peppera-ann- said:


> well i know that is what i saw when i started the intiall research. but last night i saw one some where that said 90 working days. i almost had a heart attack.
> and then on forums where ppl blog and stuff they keep saying how long its taking. like 80+ working days they are on. Idk
> but thanks for looking it up to verify! :clap2:


People post more often on forums because they have run into problems and need help. Hence, the sample you are observing is skewed.


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## peppera-ann- (Feb 4, 2008)

Fatbrit said:


> People post more often on forums because they have run into problems and need help. Hence, the sample you are observing is skewed.


your right, i never thought of it like that.
Thanks
pepper


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## Bevdeforges (Nov 16, 2007)

Hi Peppera-Ann,
What fatbrit said. I'm currently in the US and running later in the day than I usually do - hence the late response.

Basically, it's next to impossible to predict the chances of your getting your visa. What you want to do is to submit the best case you have - and as fatbrit says, the ideal situation for you really would be for him to be back in the UK, making preparations for your arrival by finding a job and looking for a flat. That way the "little issue" of his being illegal in the US becomes moot. If he stays in the US, it looks like he isn't serious about bringing you to the UK.

Ultimately, they can't really refuse a UK national the right to bring his lawful spouse to live with him, but he needs to show that he's able and willing to provide for her. And that's lots easier to "prove" with him in the UK, actively looking for work at a minimum.
Cheers,
Bev


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## peppera-ann- (Feb 4, 2008)

Bevdeforges said:


> Hi Peppera-Ann,
> What fatbrit said. I'm currently in the US and running later in the day than I usually do - hence the late response.
> 
> Basically, it's next to impossible to predict the chances of your getting your visa. What you want to do is to submit the best case you have - and as fatbrit says, the ideal situation for you really would be for him to be back in the UK, making preparations for your arrival by finding a job and looking for a flat. That way the "little issue" of his being illegal in the US becomes moot. If he stays in the US, it looks like he isn't serious about bringing you to the UK.
> ...


ok bev-thanks-
say if we do go ahead and try it this way (we will be able to have more money this way as well to try again) is it possible to try again? other post's have said that you basically get 1 chance with a spousal visa. even if i have to pay the app fee again if the appeal doesnt work?


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## jojo (Sep 20, 2007)

Am I right in assuming that your husband isnt working in the USA?? How is he funding you both?? Surely he should be desperate to get back to the UK so that he can get a job and provide for you?? So dont stop him doing that. Once he is self sufficient in the UK, theres no reason why you wouldnt be able to join him I'm sure! So try not to worry about what might happen and let him get over to the UK and get himself a job. The sooner you get on with it, the sooner you'll be sorted!

Jo xxx


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## peppera-ann- (Feb 4, 2008)

jojo said:


> Am I right in assuming that your husband isnt working in the USA?? How is he funding you both?? Surely he should be desperate to get back to the UK so that he can get a job and provide for you?? So dont stop him doing that. Once he is self sufficient in the UK, theres no reason why you wouldnt be able to join him I'm sure! So try not to worry about what might happen and let him get over to the UK and get himself a job. The sooner you get on with it, the sooner you'll be sorted!
> 
> Jo xxx


welll...we are both working....ummm so..
yes he wants to go home, but he doesnt want to leave me either. He is in thinking that we can try it here, if we are denied, then send him home and try again that way. I am applying for my passport this weekend, Am going to give up my vehicle (save $600 a month on just that) and we are ferreting away our pennies. We just dont want to be apart for ages....and especially because he is banned from here and I cant leave my job unless I LEAVE my job to go see him during the wait time.


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## Bevdeforges (Nov 16, 2007)

peppera-ann- said:


> welll...we are both working....ummm so..
> yes he wants to go home, but he doesnt want to leave me either. He is in thinking that we can try it here, if we are denied, then send him home and try again that way. I am applying for my passport this weekend, Am going to give up my vehicle (save $600 a month on just that) and we are ferreting away our pennies. We just dont want to be apart for ages....and especially because he is banned from here and I cant leave my job unless I LEAVE my job to go see him during the wait time.


You'll be in a much stronger position for the visa with DH (dear hubby) having current income in the UK than with a slightly larger sum in savings in the bank in the US. 
Cheers,
Bev


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## thegirl (Sep 8, 2009)

peppera-ann- said:


> welll...we are both working....ummm so..
> yes he wants to go home, but he doesnt want to leave me either. He is in thinking that we can try it here, if we are denied, then send him home and try again that way. I am applying for my passport this weekend, Am going to give up my vehicle (save $600 a month on just that) and we are ferreting away our pennies. We just dont want to be apart for ages....and especially because he is banned from here and I cant leave my job unless I LEAVE my job to go see him during the wait time.


i think you really underestimate how difficult round 2 will be if you get denied. once you have been denied a visa once, the chances are slim that you'll be granted one on a second attempt. 

please believe us when we say its a much better idea to get your ducks in a row now than to be depending on having a second chance.


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