Complicated visa situation - which would you do?

I am *this* close to applying for my Settlement visa (as a spouse), but I am concerned because of the bank statement issue (statements not in DH name only, but in DH & EX name). DH wants me to risk it and is completely un-accepting of the fact that I could very well be denied because of this (oh, they have to be understanding, there's no reason to deny, they'll just account for 50% of my salary, I'll explain in a letter...etc...). While I HOPE he is correct and I HOPE the officer takes 50% of his salary into account (which would JUST meet the minimum!), I just don't know if I should risk this?

So...I've come up with two options. Which would you pick and why?

A) Apply for settlement visa and hope they just accept it as is, or take 50% of salary, which still makes 18,600 and go for it.

B) Apply for a visitor visa and go over for 6 months, then come back to the US (I'd probably stay with my mom) while applying for the visa and then go back to the UK once I have it. The problem with this is that I wouldn't be able to work or look for a job AND I'd have to leave my kids there as paying for 3 airline tickets is cost-prohibitive. BUT this means being away from my kids and leaving him with 3 kids for however long it takes.

Under option A, I *assume* (may be wrong) that if I get denied for a Settlement visa, that they will not let me in on a visitor visa (just 3 months) with a denial on my record? They will think I'm trying to sneak in and won't leave? So I need to do option B first, if that's what we go with?

If you go to the UK for 6 months as a visitor, would that be to give him the time to earn the financial requirement but with just his name on the statements? So that when you finally apply for the visa, you wouldn't have the worry of the statements issue.

My initial instinct would be to go for Option A and hope for the best. But I guess only you can weigh up the pros and cons of the options and decide which is best for you.

Bear in mind that the spousal visa fee is likely to increase by AT LEAST £500 in April (expected NHS levy of £200 per year of the visa, plus any regular fee increases)

Option A:
- If the visa is granted, great... you can move to the UK right away.

- If the visa is not granted:
    - you've lost the £885 visa fee (plus $510 if you pay priority)
    - you will have to stay in the US for the next few months while he earns the financial requirement without her name on the statements, but you will be able to work and be with your kids
    - you'll have to pay at least another £1,300 (plus priority if you choose to) for the next visa application

Option B:
- You have to pay for your flight to the UK
- you may not be allowed into the UK for 6 months as a visitor
- the visitor visa rules are changing soon and seem to be becoming stricter (i.e. they may only allow people in for the length of their return ticket and not a full 6 months)
- you will have to show you have no intention of moving to the UK
- you will have to prove you have a job, a home and a life to return to in the UK
- you won't be able to work or see your kids for up to 6 months
- your spousal visa application will be much more expensive if you apply after April.

Under option A, I *assume* (may be wrong) that if I get denied for a Settlement visa, that they will not let me in on a visitor visa (just 3 months) with a denial on my record? They will think I'm trying to sneak in and won't leave? So I need to do option B first, if that's what we go with?

No, it would look very suspicious if you tried to enter as a visitor right after a spousal visa refusal - you will have just applied for a visa to move to the UK permanently and then will be trying to enter the UK as a visitor who has no intention of living in the UK... so how will you convince them that you are just a visitor with a life to go back to in the US, especially when you have a UK citizen husband living in the UK? It could also look like you're so desperate to move to the UK that you would try to move illegally on a visitor visa when the proper channels didn't work.

I vote Option A.

I've been wondering if you had applied yet.  I honestly don't think you'll have any problems, based on my own personal experience (parents names on my account).

I'm confused by the 50% issue. Are you saying that because his ex's name is on the account, that your DH's salary should be cut in half for purposes of fulfilling the requirement? That makes no sense to me.

I'm confused by the 50% issue. Are you saying that because his ex's name is on the account, that your DH's salary should be cut in half for purposes of fulfilling the requirement? That makes no sense to me.

That's what Anonymiss kept telling her.  I was in need of backup!

That makes no sense at all.

Honestly, I think it will be fine too.

They only count the actual amount of his job salary for the visa requirements - as long as the money going INTO the account is at least £1,550 per month, he meets the requirements.

The only reason they need to see the bank statements is to prove that the money is actually deposited into his account each month and that it doesn't go to someone else - they only technically need to see that one deposit of the salary each month... what happens to it after it is in the account should be irrelevant

Honestly, I think it will be fine too.

They only count the actual amount of his job salary for the visa requirements - as long as the money going INTO the account is at least £1,550 per month, he meets the requirements.

The only reason they need to see the bank statements is to prove that the money is actually deposited into his account each month and that it doesn't go to someone else - they only technically need to see that one deposit of the salary each month... what happens to it after it is in the account should be irrelevant

MAN OH MAN DO I HOPE THIS IS TRUE! 

Ksand and everyone else, thank you so much for your spelling out of the details and pros/cons. I didn't realize the prices were going up after April. I think we will go with option A too and just cross my fingers. If I have to apply twice, boy would that SUCK, but it would just be for the 6 months of bank statements.

Honestly, the price of two visa applications would probably be about the same as flying back and forth a couple of times anyway.

Lots of crossed fingers would really help.  I'm hoping to have my marriage certificate by Friday so I can submit the application this weekend.

That makes no sense at all.

It makes perfect sense.   If you have a joint account with someone they are entitled to 1/2 of everything in the account.  That includes the other's salary.  His ex-wife never actually accessed the account after they divorced but she was still entitled to 1/2 of the account.  If the OP's husband is making a salary in excess of £37,200 then  her option A  will be fine.  

It makes perfect sense.   If you have a joint account with someone they are entitled to 1/2 of everything in the account.  That includes the other's salary.  His ex-wife never actually accessed the account after they divorced but she was still entitled to 1/2 of the account.  If the OP's husband is making a salary in excess of £37,200 then  her option A  will be fine.  

But where in the visa rules does it say that if the account is in two names, they will split the amount of the salary going into it?

It doesn't, as far as I can see... and therefore we don't know for sure how they will treat the account. As he meets the requirements even if the salary is split in half, that shouldn't make a difference anyway.

I think the only problem could be if they will not accept the account unless it is in his name only. But as KFDancer said, her visa was approved even with her parents' names on her account.

Can you please provide a reference to where that is stated in the rules or guidance?

If you have a joint account, either account holder can take all of the money out at any point. I could walk into my bank and take all of the cash out of my joint account without my husband's consent. So the 50% rule makes no sense. 

And what does it matter as to what could have happened over the past number of years? At any point, the ex-wife could have taken any and all cash out of the account, but she didn't.

Well, I guess we will know soon enough, because we have decided to go for it and see what happens.

I will very likely apply priority because I would like to leave by the end of February because I can use my frequent flyer miles to buy tickets for all 3 of us (if they are still available) and, if I'm going to be denied, I guess I would rather know sooner than later. It's cheaper for me to pay priority than to pay for a plane ticket, and the FF mile special is only valid through the end of February.

Of course, if I get denied, or the FF tickets sell out, this is all moot...but I am attempting to remain hopeful!

It doesn't matter that she didn't take the money.  She was still entitled to it.  It's no different than having a joint savings account with someone other than your spouse if you are using Category D. The other party is entitled to 1/2 of the account even if they don't take it out.

From FM -SE:

Bank statements must:

in relation to personal bank statements be only in the name of:

(1) the applicant's partner, the applicant or both as appropriate

When in April are the VISA prices going up? With my luck it will probably be early in the month.

When in April are the VISA prices going up? With my luck it will probably be early in the month.

It's usually on April 6th each year - as it's the first day of the new financial/tax year.