# Deciding on which: UK fiance or Spousal visa application



## Hartley (Apr 14, 2010)

Hi all,
We are yet another couple stumped by the mine of information available on viable visa options for a US citizen (me) planning to move to the UK, to be with my other half (UK citizen).
We have known each other for over a year, and over the past 6 months, my OH has spent a combined 5 months with me in the US, on 3 seperate trips on the Visa Waiver Program. We are both aged over 30, neither of us having been married before. Since my OH's most recent return to the US, we have decided to get married, but are unsure of the best way to proceed. 
We have been offered rent free accommodation in the UK (courtesy of my future mother in law) and my OH has £30,000 in savings, although no current job, as she has been studying full time for her second degree. I am currently a self employed designer, with minimal savings. Subsequently, we will be living off of my OH's savings for my first 6 months in the UK. Longer term plan is that I recommence my design work once I have permission to work there, in conjunction with my OH. 
I've read various and sundry bits of information, some recommending that the couple get married in the US, _then_ the US citizen apply for a UK spousal visa. On the other hand, some other sources recommend applying for UK fiance entry clearance _first and only then _travel to the UK to get married, with application to stay submitted afterwards. 
We are obviously looking to spend as little time apart as possible. However, we both realise that months worth of waiting may be ahead of us while whichever application is processed.
Any clarification on the pros and cons of both would be greatly appreciated by us... The more we look into this, the more complicated and contradictory advice we seem to come across: we are utterly confused!
Many thanks for reading,
H.


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## Enchanted*Natalia (Mar 21, 2010)

Hi Hartly, I've been searching the boards on behalf of my busy American fiance
and we too are in the exact same predicament. Though your partner's savings are WAY
more than we could ever imagine to save ourselves so at least you have the stressful 
money side of things well sorted there. The planning for this is IMMENSE isn't it just!?!
We've been together for almost 4 years now and STILL don't know which 
overwhelming Visa path to take!!! ... The shame of it 
Believe me, it only continues to get more complicated and contradictory ....
Though these kinds of great forums and boards are such a blessing and haven for finding
answers and info to all those extra niggles and queries that creep up on us.
I have various links and websites that have helped me a ton so far, if you need more
advice just let me know and I'll send those along.
I'm hoping the wise and wonderful people here will share their 
words and help on this one, too however 

From a London lady that has waited an eternity to be with her true Love!! ~ N


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## Joppa (Sep 7, 2009)

Hartley said:


> Hi all,
> We are yet another couple stumped by the mine of information available on viable visa options for a US citizen (me) planning to move to the UK, to be with my other half (UK citizen).
> We have known each other for over a year, and over the past 6 months, my OH has spent a combined 5 months with me in the US, on 3 seperate trips on the Visa Waiver Program. We are both aged over 30, neither of us having been married before. Since my OH's most recent return to the US, we have decided to get married, but are unsure of the best way to proceed.
> We have been offered rent free accommodation in the UK (courtesy of my future mother in law) and my OH has £30,000 in savings, although no current job, as she has been studying full time for her second degree. I am currently a self employed designer, with minimal savings. Subsequently, we will be living off of my OH's savings for my first 6 months in the UK. Longer term plan is that I recommence my design work once I have permission to work there, in conjunction with my OH.
> ...


You can go down either route: marry in UK on fiancé visa, and after marriage apply for spouse leave to remain valid 2 years, and then indefinite leave to remain; or marry in US (having met all local rules, vary from state to state), and apply for your spouse visa at the British consulate. There isn't much difference in terms of documentation required, but since with the first you need to make two separate applications initially, the cost will mount up. Many couples find it more convenient to get married in US, and while the US partner makes their visa application (it can take up to 3 months to come through, though a month is more common), the British partner returns to UK to set up home, find job and get established in readiness for the start their married life.


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## Hartley (Apr 14, 2010)

Hey, thanks very much to both for posting. 
Natalia, a list of those informative links and websites you mentioned would be really useful to browse through. Could you post them to this thread please?


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## Enchanted*Natalia (Mar 21, 2010)

Hey again, no worries at all 
I'm aparantly not allowed to post URL's so I will try to send privately if that's possible.

-----------------------------------------------------------------------------------------------------------------

I think all the other niggles n queries can pretty much be found and 
answered in this forum and others like it.
From the endless streams of stories and advice I've read, it would seem if you've got
the funds and ability to have your fiancee travel and stay with you whilst you go through
the entire wedding and visa application process then that would be the better option
for the least amount of time spent apart.
Of course, no one knows for sure exactly how long the process can take to be approved
as each case is obviously individual and there always seems to be new delays in each 
of the relevant British consulates.

If your fiancee isn't in full time employment and can afford to join you for an 
open amount of time then I would look to finding out your State's marriage laws.
Only issue to consider is that most couples are able to fly back to the UK together
with their shiny approved visa in hand, yet with a return ticket 
(that your partner would of needed to get to you in the first place) surely we must
(as the UK citizen) keep to that return date, and try then to get our husband
on the very same flight. Just wondering how easy that would be!?
And that's only if the visa had been approved within an estimated time of the return date.
And so if it takes longer then naturally your partner must return and await for your
arrival which probably wouldn't be that long after anyhow.

Whether you go the Fiance or Spouse visa route you have to get every bit of the 
supporting documentation sorted before anything else, which I'm sure you know already.
I just believe this part to be the biggest headache of all.

Either way, I would recommend finding the right visa expeditor covering your area.
There's a few threads on people's personal experiences with different expeditor services
floating around these forums. ~ Do a search on google and you should find a fair few to
read through. Often these services also help guide the applicants through sticky moments
and further questions that may arise later as well as getting your visa delivered 
and returned extra speedily. 
Definitely worth the slight extra cost in my eyes!!!

Good luck with figuring out what's best for your situation, please let me know what you 
decide and how you get along whatever you do


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## Enchanted*Natalia (Mar 21, 2010)

It won't allow me to send anything Hartley, I'm sorry ...
I don't mind putting my email addy here but that's forbidden, too. lol.
Just look me up on My Space : enchanted_italia
... And if you can just send me a mail there and I'll reply  *fingers crossed*


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## tigtao (May 2, 2012)

Hi! I am currently in the UK on a work visa that will expire in the next 6 months. We traveled back to the US on holiday 6 months ago where I married my husband, who is a Brit. We have lived together now for approx 18 months.. 6 married and one year prior to that. My questions are does the two year time limit begin from the time we lived together or the time we married? Do I have to wait for my work visa to expire before I can apply for my spousal? Will I be able to continue to work once I apply for my spousal?
Thanks!


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## 2farapart (Aug 18, 2011)

I can offer insight onto the UK fiancée visa in case it helps.

As Joppa points out, it does mean paying for a visa TWICE (and going through the same documentation procedure - within six months of battling the first one)! Costly and a nice bit of stress too! However, you can live together with immediate effect in the UK without the prerequisite of ever having lived together before or marrying overseas first. For us, the additional cost of two visas was offset by the amount it would have cost for me to fly out and marry in the US (my partner would have had to travel approx 1000 miles to the nearest state offering same-sex unions too, so it would have cost us a LOT in travel and accommodation) - as well as having to live apart for even longer than we had already. Another consideration was guests: with most family in Europe and the UK, it made more sense for us to become civil partners in the UK instead. Therefore, the decision comes down to how soon you want to be together,and how affordable and practical your choice happens to be. Is it cheaper to marry in the UK despite the cost of two visas, or is the US your better choice? And think about any guests you'd like to see there too.

The fiancée visa must be applied for from overseas and, in the US, typically takes about a week to 2 weeks (including biometrics appointment) for the whole process (the UKBA (NY) takes approx 2-5 days to decide depending on whether you use their premium service). Once granted, you can typically move to the UK pretty much immediately unless you specified a different date in your application. You then need to marry or become civil partners in the UK within 6 months and then switch to the Further Leave To Remain (FLR) visa (can be granted same day if paying for the UKBA Premium Service) which then extends for the same 2-year period as the Spouse visa before being able to apply for ILR.

Hope this helps!


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## AnAmericanInScotland (Feb 8, 2012)

tigtao said:


> Hi! I am currently in the UK on a work visa that will expire in the next 6 months. We traveled back to the US on holiday 6 months ago where I married my husband, who is a Brit. We have lived together now for approx 18 months.. 6 married and one year prior to that. My questions are does the two year time limit begin from the time we lived together or the time we married? Do I have to wait for my work visa to expire before I can apply for my spousal? Will I be able to continue to work once I apply for my spousal?
> Thanks!


Check the UKBA site for switching under your type of visa. I think there are some work visas that do permit you to switch to a spouse visa as soon as you are married. The settlement rules have changed recently for work visas, so you need to check the site for the new info.


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