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Topic: Spouse visa questions (name change, US marriage, etc.)  (Read 5984 times)

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Re: Spouse visa questions (name change, US marriage, etc.)
« Reply #120 on: April 27, 2017, 10:23:26 PM »
Quick question.

Since my UKC wife is married to a USC now, does she have any special rights when entering the US?

Say, if she wanted to come and visit me (if the visa takes a long time to come through)?

Would it be a risk for her to come on an open-ended plane ticket (risking US immigration officials questioning whether she would try to stay indefinitely)? And/or would she be limited to the 90 day visa waiver program/ESTA requirements for UKCs?

Thank you!
Online application submitted April 5, 2017
Biometrics & shipping to UK April 17, 2017
Email confirmation from Sheffield April 24, 2017
Submitted ToR May 12, 2017
Decision email: June 2, 2017


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Spouse visa questions (name change, US marriage, etc.)
« Reply #121 on: April 27, 2017, 10:33:20 PM »
No, she will get no special
considerations unless she has been granted a US spousal visa.

So, if she comes to visit, she will be treated the same as any other UK visitor: she will need a return ticket and she will be granted entry under the 90 day visa waiver/ESTA.

The same applies if you visit the US together in the future after you have moved to the UK - she will have no right to live in the US, so will need to prove she is a genuine visitor under ESTA.


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« Last Edit: April 27, 2017, 10:36:08 PM by ksand24 »


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Re: Spouse visa questions (name change, US marriage, etc.)
« Reply #122 on: April 27, 2017, 10:36:47 PM »
Figured so, but thought it didn't hurt to ask. Thanks!
Online application submitted April 5, 2017
Biometrics & shipping to UK April 17, 2017
Email confirmation from Sheffield April 24, 2017
Submitted ToR May 12, 2017
Decision email: June 2, 2017


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Re: Spouse visa questions (name change, US marriage, etc.)
« Reply #123 on: April 27, 2017, 10:40:43 PM »
No, she will get no special
considerations unless she has been granted a US spousal visa.

So, if she comes to visit, she will be treated the same as any other UK visitor: she will need a return ticket and she will be granted entry under the 90 day visa waiver/ESTA.

The same applies if you visit the US together in the future after you have moved to the UK - she will have no right to live in the US, so will need to prove she is a genuine visitor under ESTA.


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So does getting an open-ended ticket send a red flag? That is, if she came here while we waited for my visa to come through? Ideally, we'd want to fly to the UK together (but we may be dreaming).

Also, is she allowed to come through the USC immigration line when we visit the US together in the future?
Online application submitted April 5, 2017
Biometrics & shipping to UK April 17, 2017
Email confirmation from Sheffield April 24, 2017
Submitted ToR May 12, 2017
Decision email: June 2, 2017


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Re: Spouse visa questions (name change, US marriage, etc.)
« Reply #124 on: April 27, 2017, 10:50:06 PM »
Yes, it would - if you are still
in the US and she is visiting you, that alone may raise a red flag because she is married to a US citizen and may try to stay in the US illegally to be with you.

If they start asking questions, normally the first thing they will want to see is evidence of a return ticket - I has been asked twice in the past to show my return ticket when entering the US.

To be safe, she should also bring with her evidence of money to support her trip and evidence of a life to return to in the UK (job etc.) to prove she won't try to stay in the US longer than 90 days.

If you are travelling together in future - both to the US and the UK, you should go through the same immigration line together. This will probably be the USC line when entering the US and the UKC line when entering the UK, but sometimes you may need to ask which line you should go through.

By the way, all of this would also apply to you if you visited her in the UK before applying for your spousal visa. Simply being married to a native citizen gives you no rights to enter the US pr the U.K. at all - if you want rights you need to get the spousal visa first.


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Re: Spouse visa questions (name change, US marriage, etc.)
« Reply #125 on: May 01, 2017, 12:52:06 PM »
Question about shipping. Since the threshold for import duty is the laughingly low £30, my clever wife has found this application for transfer of residency to get an exemption from import duty:

https://www.gov.uk/government/publications/application-for-transfer-of-residence-tor-relief-tor01

But I'm assuming I need to have visa in hand to qualify, right?

Is that correct?
Online application submitted April 5, 2017
Biometrics & shipping to UK April 17, 2017
Email confirmation from Sheffield April 24, 2017
Submitted ToR May 12, 2017
Decision email: June 2, 2017


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Re: Spouse visa questions (name change, US marriage, etc.)
« Reply #126 on: May 01, 2017, 02:27:28 PM »
Every single time we've flown to the US together, they've asked about my husband's return ticket, for what it's worth.


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Re: Spouse visa questions (name change, US marriage, etc.)
« Reply #127 on: May 01, 2017, 03:44:23 PM »
Question about shipping. Since the threshold for import duty is the laughingly low £30, my clever wife has found this application for transfer of residency to get an exemption from import duty:

https://www.gov.uk/government/publications/application-for-transfer-of-residence-tor-relief-tor01

But I'm assuming I need to have visa in hand to qualify, right?

Is that correct?

Are you talking about bringing things with you in your luggage when you move? Cause I brought all my worldly possessions in 2 checked bags and a carry-on and had absolutely no issue getting them into the country.  No one even looked at me twice and i didnt do anything special. I brought in a laptop, iPad, and other electronics.

If you've owned an item for more than 6 months you don't have to pay import duty.
The usual. American girl meets British guy. They fall into like, then into love. Then there was the big decision. The American traveled across the pond to join the Brit. And life was never the same again.


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Re: Spouse visa questions (name change, US marriage, etc.)
« Reply #128 on: May 01, 2017, 04:01:21 PM »
Are you talking about bringing things with you in your luggage when you move? Cause I brought all my worldly possessions in 2 checked bags and a carry-on and had absolutely no issue getting them into the country.  No one even looked at me twice and i didnt do anything special. I brought in a laptop, iPad, and other electronics.

If you've owned an item for more than 6 months you don't have to pay import duty.

How about shipping (books) in advance? Do you need to wait to get the entry clearance for customs purposes? I'd love to ship the boxes I've packed but was told it's best to wait. Is this true?
Met UK 30/05/2016
Married US 03/03/2017
Applied spouse visa 17/04/2017
Decision 31/05/2017
**Visa Approved**


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Re: Spouse visa questions (name change, US marriage, etc.)
« Reply #129 on: May 01, 2017, 04:06:17 PM »
How about shipping (books) in advance? Do you need to wait to get the entry clearance for customs purposes? I'd love to ship the boxes I've packed but was told it's best to wait. Is this true?

I haven't shipped anything to the UK yet. I literally moved with just my bags.

Someone else might know.
The usual. American girl meets British guy. They fall into like, then into love. Then there was the big decision. The American traveled across the pond to join the Brit. And life was never the same again.


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Re: Spouse visa questions (name change, US marriage, etc.)
« Reply #130 on: May 01, 2017, 05:09:17 PM »
How about shipping (books) in advance? Do you need to wait to get the entry clearance for customs purposes? I'd love to ship the boxes I've packed but was told it's best to wait. Is this true?

Remember that import duty threshold is £30. Even with a small box of books, and even considering resale rather than purchase value, that adds up fast.

I'm talking about shipping items, not suitcases I bring with me.
Online application submitted April 5, 2017
Biometrics & shipping to UK April 17, 2017
Email confirmation from Sheffield April 24, 2017
Submitted ToR May 12, 2017
Decision email: June 2, 2017


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Re: Spouse visa questions (name change, US marriage, etc.)
« Reply #131 on: May 01, 2017, 05:13:19 PM »
Remember that import duty threshold is £30. Even with a small box of books, and even considering resale rather than purchase value, that adds up fast.

I'm talking about shipping items, not suitcases I bring with me.

If it's your own personal items and you've owned them for more than 6 months I didnt think their should be any taxes or import duty.
The usual. American girl meets British guy. They fall into like, then into love. Then there was the big decision. The American traveled across the pond to join the Brit. And life was never the same again.


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Re: Spouse visa questions (name change, US marriage, etc.)
« Reply #132 on: May 01, 2017, 05:17:07 PM »
I've shipped several boxes of my own belongings (clothes, books, paperwork), along with a bicycle, from the US to the UK and I've never had to pay customs fees... because they were my personal belongings.

However, if I order something from a US retailer (like Amazon) which is worth more than £15, I usually get stuck with an £11 customs charge - because it is something I am buying new and not personal belongings.


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Re: Spouse visa questions (name change, US marriage, etc.)
« Reply #133 on: May 01, 2017, 06:11:14 PM »
I've shipped several boxes of my own belongings (clothes, books, paperwork), along with a bicycle, from the US to the UK and I've never had to pay customs fees... because they were my personal belongings.

However, if I order something from a US retailer (like Amazon) which is worth more than £15, I usually get stuck with an £11 customs charge - because it is something I am buying new and not personal belongings.


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Do you know if I need to wait until my visa is approved to ship my personal belongings, or if while I'm waiting I can ship items to my husband?
Met UK 30/05/2016
Married US 03/03/2017
Applied spouse visa 17/04/2017
Decision 31/05/2017
**Visa Approved**


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Re: Spouse visa questions (name change, US marriage, etc.)
« Reply #134 on: May 01, 2017, 07:59:27 PM »
I fedex'd a box to myself prior to having an approved settlement visa and received a bill from FedEx for import fees.  This was fall 2016.

FWIW, I'm shipping some sentimental items from the US that I didn't want to part with (and couldn't bring in a carryon), and had to fill out a Transfer of Residence (ToR) application in order to be exempt from paying customs fees.  The ToR requires you to meet certain conditions, one of which is that the items you are shipping have been in your possession for more than six months.  The ToR process is new as of April 1, and may have replaced more lax requirements.  More ToR info is here: http://www.gov.uk/guidance/customs-clearance-for-transfers-of-residence-to-the-uk-and-eu .  You may also want to check out the Moving forum on UK-Y as there may be more knowledge on those pages.  It took me about three weeks from submitting the ToR to getting my approval number, and my settlement visa was approved before I applied for the ToR (though I'm not sure if it's a requirement to have it approved before applying.)



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