Spouse visa questions (name change, US marriage, etc.)

Larrabee, isn't this is one of the two immigration lawyers/groups that are suggested by Ksand?

Yes, they are very good and reputable.  I feel confident they will be upfront and honest with AV as to the success of her situation.

Though it is ALWAYS wise to find out statistics and such.

KFdancer posted the original recommendation, which is what I went by. I could have insisted on communicating with Victoria Sharkey (still could, I suppose), but we were in such a panic that it was nice to get information immediately. Beth is an advisor and Victoria is a partner. Not sure whether that makes a difference for us.

Yes, they are very good and reputable.  I feel confident they will be upfront and honest with AV as to the success of her situation.

Though it is ALWAYS wise to find out statistics and such.

Had a feeling Medivisas was suggested or AV had seen them suggested elsewhere on a different thread. Having a bit of a crap day and didn't see it on my scan of the thread.

KFdancer posted the original recommendation, which is what I went by. I could have insisted on communicating with Victoria Sharkey (still could, I suppose), but we were in such a panic that it was nice to get information immediately. Beth is an advisor and Victoria is a partner. Not sure whether that makes a difference for us.

Beth and Victoria work closely together.  You are in good hands.  Do let us know what you learn.  Helps us advise people in the future!

We recommend Victoria specifically here because she used to be a member of this forum and we know that she knows what she's talking about.

That's not to say that the other immigration advisers at Medivisas are not good, it's just that we know Victoria from the forum so we usually recommend her .

Larrabee, isn't this is one of the two immigration lawyers/groups that are suggested by Ksand?

Hi Lyonaria!  Yes! That's why I said other when I was talking about the lawyers who have caused people to be refused.

I meant that even though AV is considering a recommended lawyer, if she is interested in their statistics, she should ask them specifically   

To be perfectly honest, I was a bit taken aback because Beth said she couldn't give out statistics on their success rate. I understand that nothing is guaranteed, but I'd like to know what percentage of their cases get a successful decision. As my fiancee puts it, it's not just our money and livelihood on the line, it's the months of waiting and getting our hopes up--and putting our lives on hold.

Thank you for the background information. We're going to try calling the other firm as well and do some due diligence with getting paperwork together on our own.

Can anyone help with clarifying self-employment bank statement requirements?

(I may have terms wrong as it's still confusing to me)

Fiancee has her income tax statement (P60?) that goes April-April. However, her limited company's financial year goes from August to August.

She needs 12 months of bank statements to verify her income.

Does that mean 12 months up until the time we apply? (Say, if we apply in March, February 2016 to February 2017)?

Or does she need to include 12 months plus the period of her last tax returns?

Or does it need to be the last financial year? (And if so, which one? Her personal, the April-April? Or August-August for business?)

Thank you!

Also, does the "not eligible for public funds" only mean me and my children (if I had any)?

Or does it include my fiancee's children (UKC), too? I'm suddenly panicked wondering if our marriage would jeopardize her disabled child's PIP application (the DLA if you are 16 or older).

Fiancee has her income tax statement (P60?) that goes April-April. However, her limited company's financial year goes from August to August.

She needs 12 months of bank statements to verify her income.

Does that mean 12 months up until the time we apply? (Say, if we apply in March, February 2016 to February 2017)?

For self-employment you need the 12 months of bank statements corresponding to a FULL TAX YEAR. So, if her company financial year is August to August, she will need to provide bank statements, along with every single required self-employment document from August 2015 to August 2016.

Her income from August 2016 to February 2017 cannot be considered as it won't cover a full financial year.

Or does she need to include 12 months plus the period of her last tax returns?

She includes only the period of the financial year (August to August).

Or does it need to be the last financial year? (And if so, which one? Her personal, the April-April? Or August-August for business?)

It depends what financial requirement category she meets.

Category F: £18,600 earned in total (before tax, but after expenses) in the last full financial year... August 2015 to August 2016.

Category G: £18,600 earned on average over the last 2 full financial years (before tax, but after expenses)... so, you would need to include all the documents from August 2014 to August 2015 AND all the documents from August 2015 to August 2016.

Also, does the "not eligible for public funds" only mean me and my children (if I had any)?

Or does it include my fiancee's children (UKC), too? I'm suddenly panicked wondering if our marriage would jeopardize her disabled child's PIP application (the DLA if you are 16 or older).

No, it's only you, because you are not a UK citizen or permanent resident and are not entitled to claim public funds until you have ILR after 5 years.

However, any children you have in future will be UK citizens, and your fiance's children are UK citizens, so they are all entitled to claim public funds.

Phew! Thank you for the clarification!

Also, for documents proving the genuineness of our relationship (and separation from previous partner), do you think it would be helpful to include an altered will that names me as beneficiary? Fiancee is hesitant, though, as it does still leave the bulk to her children and children's father. (I am adamant that no one can say I've married her for money or taken away anything from her kids, and due to child's disability and associated expenses the dad would need the money more than I would.)

Fiancee thinks we shouldn't include the will. I'm not sure, but don't want to overlook anything that might help our case. What are your thoughts?

Phew! Thank you for the clarification!

Also, for documents proving the genuineness of our relationship (and separation from previous partner), do you think it would be helpful to include an altered will that names me as beneficiary? Fiancee is hesitant, though, as it does still leave the bulk to her children and children's father. (I am adamant that no one can say I've married her for money or taken away anything from her kids, and due to child's disability and associated expenses the dad would need the money more than I would.)

Fiancee thinks we shouldn't include the will. I'm not sure, but don't want to overlook anything that might help our case. What are your thoughts?

Nope, that would be irrelevant and won't have any bearing on the application at all.

What you need to prove is:
- you are either married to each other already (spousal visa) or will marry in the UK (fiance visa)
- you have met each other at least once in person
- you have been in regular contact (a continuing relationship) while living in different countries (i.e. visits to see each other, email/phone/message contact regularly over the length of your relationship

You are proving that your relationship is genuine (you talk to and/or see each other often) and that you aren't in a sham or forced marriage simply to get a visa.

Thank you so much.

Thank you also for the recommendations for legal help. We've consulted with both firms and are impressed with Beth Morrison at MediVisas. Will come back with updates--hopefully good ones!

And now the wedding plans can begin in earnest. Oy vey...

Just an update that we have officially announced our engagement (Coming out to my homophobic, xenophobic pastor was fun--he accused us of committing immigration fraud and me of bigamy. No, neither of us has been married before and we have NO clue what he was on. Most likely was just too cowardly to admit that he was against same-sex marriage despite trying to curry favor with the pro-LGBT factions in our church).

Wedding is next Friday (stateside)!

And we have signed on with Beth Morrison at Medivisas. Cautiously hopeful.

We are both terrified that the visa won't come through after our marriage, and we will be doomed to living apart for the rest of our lives. I'm conservative enough that for me marriage is once and life-long, so that prospect is enough to keep me awake at nights.

Have been reading through the other threads and am very appreciative of all the advice.

A funny tidbit...since my fiancee wanted a courthouse wedding but is agreeing to a church wedding for my sake (bless her, this is just one reason why I love her so much), she's not impressed with the little details of planning a church wedding. Then I can say, "But it will be great relationship evidence if we have photos/invitations/goody bags/etc."

Good luck to everyone else applying and getting ready to apply!

Exciting news!

Sorry your pastor said all those horrible things...     Those who live without sin and all that!