Need Help with Fiance Visa Process (US Male, UK Female Citizen)

It's probably too late now, since you already have the wedding planned, but did you consider getting married in the US and applying directly for a spousal visa?

It's much quicker and easier than marrying in the UK, since she wouldn't need a visa to marry in the US and there's no waiting period (other than 24-48 hours) so she would only have to visit for a few days.

It would mean one less visa to apply for (saving at least £1,000 in visa fees) and you could work, study and use the NHS for 'free' immediately upon arriving in the UK. Then if you wanted, you could have a large celebration in July as just a 'blessing ceremony' without the legal bit.

Plus, since you would only need to apply for one visa, you wouldn't have to worry about meeting the financial requirement in the summer as well.

Ah, I missed that you would be staying there until after you were married. In fact, you could just include her parents' house information and not her flat information.

For her parents' house, you will need:
- their Land Registry document (from the website)
- an original letter from her parents giving you permission to live there, confirming the property details and that the home will not be overcrowded with you living there.

She really wanted to get married in the UK, and rightfully so.  Maybe had we known it would have been easier and saved money to get married here, we might have considered that more, but it wasn't necessarily an option and probably isn't now since we have A LOT of the wedding planned.  We've already met with a registry office in the UK and we're just trying to get it all together without losing what we have left of our sanity.

On confirmation the home would not be overcrowded, is this why a property inspection report had to be done?

On confirmation the home would not be overcrowded, is this why a property inspection report had to be done?

No, a property inspection report is not needed at all (and any lawyer who tells you it is doesn't know what they are talking about).

All they need to do is write a sentence or two in the letter stating the total number of bedrooms + living rooms and the total number of people who will be living in the house (including you).

The big take away from this is that until she can re-meet the financial requirement to sponsor you for FLR(M), you won't be able to work, volunteer, or use the NHS without cost.  So that's something to consider.  And if you apply by post, that could add an additional two months onto the processing.

On that, please be sure to have insurance to cover for any medical needs.  Without insurance, you will be billed 150% the cost of any treatment.  Plus an unpaid bill of £500 will result in an automatic refusal of FLR(M).

I imagine we have completely overwhelmed you two today.  Try to take a few deep breaths, work on the list ksand provided, and evaluate all your options.  It may be that you want to consider legally marrying in the USA first or her postponing changing jobs until after you have FLR(M).

Dang. That really sucks. I knew I wouldn't be able to work until I got the FLR(M) but didn't realize it would take that long.  It is extremely short notice and she has quite a bit to deal with regarding work at the moment that I'm not sure she would be able to come over to get married. 

Do you mean she would have to make an additional 18,600 after meeting the first 18,600? Or she would have to wait until she has officially made the first 18,600 rather than lowest payslip before tax x 12?

And if we somehow manage to marry legally in US, how does that affect our process? Do we have to begin the waiting period all over? Will we be able to legally marry in UK as well?  Would the information we gave the Registry Office complicate matters? 

No, a property inspection report is not needed at all (and any lawyer who tells you it is doesn't know what they are talking about).

All they need to do is write a sentence or two in the letter stating the total number of bedrooms + living rooms and the total number of people who will be living in the house (including you).

Got it. I'm going to be studying your option of getting married in the US and doing a spousal visa instead.  I'll probably have loads of questions and I'm sorry if I bother you with them.  What would the document list look like if we do get married in US and try to go the spousal visa route?

Dang. That really sucks. I knew I wouldn't be able to work until I got the FLR(M) but didn't realize it would take that long.  It is extremely short notice and she has quite a bit to deal with regarding work at the moment that I'm not sure she would be able to come over to get married.

You can apply in person at a Premium Centre for a same-day decision, but it costs several hundred pounds more. Plus, the IHS surcharge will be doubling sometime this year and the visa fees and priority/premium service prices will be increasing too.

Current prices:
Fiance visa:
- £1,464 visa fee (but this will increase from April)
- £551 for priority processing (but this will increase from April)

FLR(M)
- £993 visa fee (but this could be a few hundred more from April)
- £500 IHS surcharge (but this will increase to £1,000 sometime this year)
- £590 to apply in person (but this will increase from April)

Or just doing a spousal visa:
- £1,464 visa fee (but this will increase from April)
- £600 IHS surcharge (this will double to £1,200 sometime this year)
- £551 priority processing (this will increase from April)

Do you mean she would have to make an additional 18,600 after meeting the first 18,600? Or she would have to wait until she has officially made the first 18,600 rather than lowest payslip before tax x 12?

What she shows is:
- She has a current job paying a salary of £18,600 or more per year, but she hasn't been there for 6 months yet... so she just provides any payslips and bank statements she has already received from the new job so far, along with the letter from her employer
AND
- She has earned a total of £18,600 from any and all jobs in the last 12 months, so she provides 12 months of payslips and bank statements

And if we somehow manage to marry legally in US, how does that affect our process? Do we have to begin the waiting period all over? Will we be able to legally marry in UK as well?  Would the information we gave the Registry Office complicate matters?

You can't legally marry again in the UK, but you could hold a blessing ceremony where they do everything except signing the legal papers.

So, what would happen is:
- she flies to the US
- you get married
- you apply for the spousal visa
- you move to the UK, where you can work, study and use the NHS from day one
- you hold a blessing ceremony in the UK at your convenience.

So you could still hold everything on July 22nd, but just not sign the legal papers during the ceremony.

I have a friend who moved to the US on a fiance visa, then got married there so she could change her immigration status (which has to be done within 90 days in the US), and returned to the UK a few months later for the big family wedding. So to everyone on Facebook, and probably everyone at the wedding, it looked like she got legally married in the UK... but actually it wasn't a legal ceremony because they were already married. I only realised it wasn't a legal wedding because I know how the US visas work and knew there was no way for her to have moved there without getting married in the US within 90 days.

You can apply in person at a Premium Centre for a same-day decision, but it costs several hundred pounds more. Plus, the IHS surcharge will be doubling sometime this year and the visa fees and priority/premium service prices will be increasing too.

Current prices:
Fiance visa:
- £1,464 visa fee (but this will increase from April)
- £551 for priority processing (but this will increase from April)

FLR(M)
- £993 visa fee (but this could be a few hundred more from April)
- £500 IHS surcharge (but this will increase to £1,000 sometime this year)
- £590 to apply in person (but this will increase from April)

Or just doing a spousal visa:
- £1,464 visa fee (but this will increase from April)
- £600 IHS surcharge (this will double to £1,200 sometime this year)
- £551 priority processing (this will increase from April)

What she shows is:
- She has a current job paying a salary of £18,600 or more per year, but she hasn't been there for 6 months yet... so she just provides any payslips and bank statements she has already received from the new job so far, along with the letter from her employer
AND
- She has earned a total of £18,600 from any and all jobs in the last 12 months, so she provides 12 months of payslips and bank statements

You can't legally marry again in the UK, but you could hold a blessing ceremony where they do everything except signing the legal papers.

So, what would happen is:
- she flies to the US
- you get married
- you apply for the spousal visa
- you move to the UK, where you can work, study and use the NHS from day one
- you hold a blessing ceremony in the UK at your convenience.

So you could still hold everything on July 22nd, but just not sign the legal papers during the ceremony.

I have a friend who moved to the US on a fiance visa, then got married there so she could change her immigration status (which has to be done within 90 days in the US), and returned to the UK a few months later for the big family wedding. So to everyone on Facebook, and probably everyone at the wedding, it looked like she got legally married in the UK... but actually it wasn't a legal ceremony because they were already married. I only realised it wasn't a legal wedding because I know how the US visas work and knew there was no way for her to have moved there without getting married in the US within 90 days.

So am I correct in stating that she doesn't need a fiance visa for the US if she does fly over and we get legally married in the US sometime around Easter?  Then she would fly back to the UK and continue working, and I would have to remain in the US to submit the spousal visa after we get legally married? 

Just talked to her and she is open to getting married in US, having celebration in UK in July.  What all do we need to do in case we decide to get married in US, it would be around Easter when/if it happens.

So am I correct in stating that she doesn't need a fiance visa for the US if she does fly over and we get legally married in the US sometime around Easter?  Then she would fly back to the UK and continue working, and I would have to remain in the US to submit the spousal visa after we get legally married? 

Yes, that's all correct.

The US Embassy website even states that if she does not plan to live in the US after the wedding, she should just enter visa-free on the ESTA to marry. See: https://uk.usembassy.gov/visas/fiancee-2/

From that page:

Please note: if you do not intend taking up indefinite residence but will continue to live and work outside the United States after the marriage ceremony, you should apply for a B-2 visa, or if eligible, travel visa free under the Visa Waiver Program.

Just talked to her and she is open to getting married in US, having celebration in UK in July.  What all do we need to do in case we decide to get married in US, it would be around Easter when/if it happens.

Nothing different from what you are already doing. The only difference between the fiance and spousal visa applications and documents is that instead of showing plans to marry in the UK, you provide your marriage certificate.

If she can try to get all the documents in order to bring out with her, then you could apply for the visa as soon as you have the marriage certificate.

We're expecting what could be hefty visa fee increases on April 6th, so if there's any way for you to marry and submit the online application before that happens, you could save a lot of money. It'd be tight though, with the timing of the Easter holidays, so not sure if you would be able to do it (you don't want to rush unnecessarily and risk a visa refusal because you weren't completely ready to apply).

Yes, that's all correct.

The US Embassy website even states that if she does not plan to live in the US after the wedding, she should just enter visa-free on the ESTA to marry. See: https://uk.usembassy.gov/visas/fiancee-2/

From that page:
Nothing different from what you are already doing. The only difference between the fiance and spousal visa applications and documents is that instead of showing plans to marry in the UK, you provide your marriage certificate.

If she can try to get all the documents in order to bring out with her, then you could apply for the visa as soon as you have the marriage certificate.

We're expecting what could be hefty visa fee increases on April 6th, so if there's any way for you to marry and submit the online application before that happens, you could save a lot of money. It'd be tight though, with the timing of the Easter holidays, so not sure if you would be able to do it (you don't want to rush unnecessarily and risk a visa refusal because you weren't completely ready to apply).

We are both worried that it will look like we were playing the system and because of this, the ECO would refuse our application because we went through a loophole.  We are willing to get married in the US if we can work everything out and if we aren't refused because we "tried to play the system."

I believe we could get all of the documents needed before then and that we could get it in time, we were hoping to get our fiance visa done before then so I'm sure we would be able to get the spousal visa done with a little more time.

What would she need to bring in order for us to get married?  I read that the people applying both need Social Security Numbers, but I would be the only one with that.  What would she need?

We are both worried that it will look like we were playing the system and because of this, the ECO would refuse our application because we went through a loophole.

Nope, won't be an issue at all. The majority of people here on the forum have done it this way because it's quicker, cheaper and easier than marrying in the UK.

It's a tick-box visa, as long as you tick the boxes to show you meet each requirement, and provide all the documents they can't refuse the visa.

I believe we could get all of the documents needed before then and that we could get it in time, we were hoping to get our fiance visa done before then so I'm sure we would be able to get the spousal visa done with a little more time.

Sounds good . If you do find something is missing, you might just have to wait until she gets back to the UK and can mail you the documents, before you apply.

What would she need to bring in order for us to get married?  I read that the people applying both need Social Security Numbers, but I would be the only one with that.  What would she need?

You'd have to check with the local court house in the county where you will marry and see what documents they require. After all, tourists fly to the US to marry all the time (think Vegas weddings) and they don't have SSNs. I believe you will only need proof of ID, but I'd check to make sure.

I would also find out how long you have to wait between giving notice and getting married (might be same-day, might be 24 hours, might be 48 hours), and also when you will receive the marriage certificate - again, could be same day, or you might have to wait for it to be mailed/issued.

Nope, won't be an issue at all. The majority of people here on the forum have done it this way because it's quicker, cheaper and easier than marrying in the UK.

It's a tick-box visa, as long as you tick the boxes to show you meet each requirement, and provide all the documents they can't refuse the visa.

Sounds good . If you do find something is missing, you might just have to wait until she gets back to the UK and can mail you the documents, before you apply.

You'd have to check with the local court house in the county where you will marry and see what documents they require. After all, tourists fly to the US to marry all the time (think Vegas weddings) and they don't have SSNs. I believe you will only need proof of ID, but I'd check to make sure.

I would also find out how long you have to wait between giving notice and getting married (might be same-day, might be 24 hours, might be 48 hours), and also when you will receive the marriage certificate - again, could be same day, or you might have to wait for it to be mailed/issued.

You are an absolute angel and I am so thankful to have you guys.  I will call my state's court house/clerk and find out what all is required.  Even if we had to wait for her to get back for her to mail something, with priority processing we won't be delayed all that long, plus I'd be able to actually work when I got into England which is very nice.  Thanks again, I'll be sure to let you know if I have any questions.

My fiancee just asked what she would need to tell the US border forces when they ask for the purpose of her trip to the US when/if we decide to get legally married here.  Would she get denied entry if she stated her purpose was to get married in the US? Would she just clarify she intends to return home after the wedding/getting legally married?

By the way,  I'm from NC as well. Raleigh area. Just flew back to Scotland on Saturday after a week long visit.

You asked about the NHS fee. You won't pay the NHS fee on the fiance visa. You will only pay it on a visa valid for longer than 6 months so the spousal visa (If you get married in the US) or the FLR(M) if you get married in the UK.  (See what I meant about the names of those two visas being important as they are different.)



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By the way,  I'm from NC as well. Raleigh area. Just flew back to Scotland on Saturday after a week long visit.

You asked about the NHS fee. You won't pay the NHS fee on the fiance visa. You will only pay it on a visa valid for longer than 6 months so the spousal visa (If you get married in the US) or the FLR(M) if you get married in the UK.  (See what I meant about the names of those two visas being important as they are different.)



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I feel really stupid for not realizing that from your username until now hahaha.  Even if we pay the NHS fee for the spousal visa that's fine with me as I'll be allowed to work much earlier than if I were just doing fiance visa+FLR(M).  Massive difference, and again another misunderstanding caused by the immigration lawyers.  Would be lovely if we could get back the 500 quid we paid them.

From the Charlotte area, but have been known to travel up to the Raleigh area to see the Canes!  Also had to take a couple of classes for my business at a NC State location. Hate the drive, but I love hockey more lol

We are both worried that it will look like we were playing the system and because of this, the ECO would refuse our application because we went through a loophole.  We are willing to get married in the US if we can work everything out and if we aren't refused because we "tried to play the system."

You won't find anyone on this forum suggesting anything which would be considered playing the system, we're not that kind of place! 

You won't find anyone on this forum suggesting anything which would be considered playing the system, we're not that kind of place! 

Thanks you guys are great, and a completely different world from that immigration lawyer's office

I for one can honestly say, that I owe my visa and probably most of my sanity to the incredible people on this forum. I have been in Scotland just over a year now and I will be here asking for more help on my next visa FLR(m). Listen to their advice, they know what they are talking about and WILL get you and your fiancé through this with only a few gray hairs. As NCTami  can attest I lost quite a few hairs and added some gray on my journey here. Thank the heavens for UK Yankee!