If you are here on a visitor visa you CANNOT apply for a spousal visa from inside the UK. If you apply for it while you are in the UK, it will be refused.
You can only apply for the spousal visa from the country where you legally live. You don't legally live in the UK yet, so you must return to the US (or Japan) in order to apply for your spousal visa.
Really, you should have applied for it and received the visa in the US before you left.
As I complete the spouse visa application forms, I’m running into some trouble in how to answer them, especially since I’ve already moved here to the UK. Many of the questions assume I’m not here yet…So if anyone can shed some light, I would really appreciate it.
The reason they assume you are not here yet is because you are not supposed to be here yet - as you can only apply for the spousal visa from outside the UK.
If you were already living in the UK on a different visa (not a visitor visa), you could apply for a FLR(M) visa from inside the UK, in which case, you would fill out a different application form.
> I’ve filled out forms VAF4A (Family settlement application form) and Appendix 2 (Financial Requirement Form) – is that right?
That's correct, though the VAF4a paper form cannot be used, you must apply online and print out the online application, then fill out Appendix 2 by hand.
You'll need to:
- gather all your supporting documents
- fly back to the US
- apply for the visa online
- book and attend a biometrics appointment in the US
- mail your application forms and documents to Sheffield, UK for processing
- when the visa is issued and has been mailed back to you in the US you can move to the UK
Which financial requirement category are you applying under? The category will determine which documents you need to send.
> Can I apply for the spouse visa online from within the UK or do I need to be back in the USA/Japan where I have status?
No, you'll need to go back to the US (assuming your green card is still valid) otherwise it will be back to Japan.
> For contact details (Part 3 – Form VAF4A), should I put our UK address where we’re now or do I need to put our USA address? We’ve already rented our place in the USA – so I’m not sure if that would cause problems in the application review process…
You must use your US address because they will not return your visa or documents to a UK address. You also need to be physically living/present at that address in the US when you apply.
> For children’s information (Part 4 – Your family), it asks whether I live with my children. I do live with them here in the U.K. but since I’m not considered “settled” here in the UK yet, am I supposed to state that they live with their dad in the UK while I’m still in the USA?...
Whichever is most true when you apply. If they are physically in the UK with their dad when you apply for the visa, then put that (you could say that they moved with him).
> How complete should the travel history for the last 10 years have to be? I’ve traveled a fair amount for my work and for personal reasons and not all are stamped on my passport…
As complete as possible. If you don't know all the exact dates, that's fine, but month/year and country should be listed.
> Can employment history in the US suffice to prove English proficiency?
Not sure - I don't know enough details about the requirement for non-native English speakers as most people on the forum are US citizens and so only need to provide their passport for the English language requirement.