Clarification re. answers on traffic ticket and priority option

Hi All,

Apologies for the length of the post.

Firstly, can I say a grateful thanks to the very helpful advice on the forum! It has helped me do a lot of legwork to start with in preparing paperwork and answers!

My fiancee is in the US and I'm her sponsor in the UK. We are getting married in May.

We were originally pursuing the K1 visa path for me, but timelines with wedding plans and everyone's work schedules meant we had to do another path. We had our I-129F NOA2 approved at the petition stage recently, so we've sent in a notarized letter to the NVC to cancel the I-129F petition (I haven't actually applied for the K1 visa yet my end so all should be good). My ESTA is still approved.

Our plan is for me to travel on the VWP, get married and then return to the UK. I know this is legal option (as the US London embassy website confirms this is fine and many have advised it as a good path on various forums). I will also be taking a lot of supporting documentation that shows my ties to the UK such as work letter, new lease etc (though these documents also serve a dual purpose since I'll be leaving them with my soon to be wife to use in her UK spouse visa application).

While over, we will be submitting the UK spouse visa application online shortly after our wedding and booking her biometrics. I will also be leaving all supporting paperwork with her to submit using the VFS courier option to Sheffield. She will then be moving out of UT to be with her parents in MN until the visa comes - so we have entered the 'preferred contact details' address on the online application form to be her MN address - so that her passport can be returned there. She will then fly out to London from MN.

Once she gets her visa to join me, we will then at a suitable time apply for my CR1 US spouse visa using DCF in London.

Would you be able to please advise me on the following for her UK spouse visa:

1. Is my UK birth certificate also required if I have my UK passport copy certified by an accountant?


2. I'll be moving into our new apartment in London about 1.5 weeks before flying out for the wedding. As a result it's unknown if I will get a utility bill or council tax letter in time. Are they even required if I have a:

• most recent bank statement showing the new address
• tenancy agreement
• letter of permission for my spouse to stay if RTR checks are passed from landlord?

3. On the online application, the question asks - "Have you ever been convicted of any criminal offence in the UK or any country?"

We have selected 'YES' (as recommended for traffic offenses by this forum even though the question removed the 'traffic offenses' wording which others have shown used to exist).

She was pulled over on the highway in UT back in early May 2015 and cited with a ticket for a 'Follow too close'. She paid the fine for that citation to the courthouse, though she can't recall the exact way it was done - either over the phone to them or via a check in the mail. She doesn't have a copy of the ticket or receipt of it being paid, nor the exact amount the fine was.

The date of conviction for that citation on her DMV record shows late May 2015. Either way, she confirms the fine was paid.

Her DMV record currently shows the citation details (but no fine amount). The record also thankfully shows 'no arrests on record' and 'no department actions on record'.

Had she not paid it though, there would have been a warrant for her arrest which would have showed on the DMV record - as previously mentioned though, no actions or arrest on record are displayed.

We will be providing her DMV record (showing the citation) as evidence in the supporting documents for her visa application.

Based on what I've explained, are there any issues with what I have described here please? Have we missed anything regarding what needs to be provided please in the application?


4. There is another similar question on the online form below it - "Have you received any other penalty in relation to a criminal offence; for example a caution, reprimand, warning, or similar penalties in the UK or any other country?"

As we disclosed the traffic ticket in the first question before, am I correct in understanding this question answer to be a 'NO' please?


5. In light of the traffic citation offense discussed above, can we even apply on VFS to use the priority visa service for her spouse visa application?

I note VFS in their priority guidelines for settlement visa say our application will not be straightforward in light of committing a criminal offence in any country.


Thank you again for your time and help in giving advice - it is greatly appreciated!

Many thanks!

1.  You don't need the birth certificate

2.  You only need the tenancy agreement and letter from landlord granting her permission to live there after her visa is approved.

3.  TICK NO.  She has a minor traffic infraction NOT a criminal conviction!!!  Don't make a mountain out of a mole hill. 

Yes, you are absolutely fine to use priority processing.  If a traffic ticket made an application not straight forward, none of us would live here.   

Welcome to the forum .

Our plan is for me to travel on the VWP, get married and then return to the UK. I know this is legal option (as the US London embassy website confirms this is fine and many have advised it as a good path on various forums). I will also be taking a lot of supporting documentation that shows my ties to the UK such as work letter, new lease etc (though these documents also serve a dual purpose since I'll be leaving them with my soon to be wife to use in her UK spouse visa application).

Sounds like you're well-prepared . You may not have any issues with getting into the US, but it's always good to have documentation with you just in case.

1. Is my UK birth certificate also required if I have my UK passport copy certified by an accountant?

Nope, not required at all. In fact, you don't need the passport copy certified by an accountant either.

You can either:
- get a copy of your passport photo page certified by a Post Office for about £10
or
- send a regular photocopy of the passport photo page

2. I'll be moving into our new apartment in London about 1.5 weeks before flying out for the wedding. As a result it's unknown if I will get a utility bill or council tax letter in time. Are they even required if I have a:

• most recent bank statement showing the new address
• tenancy agreement
• letter of permission for my spouse to stay if RTR checks are passed from landlord?

You do NOT need:
- bank statement
- council tax
- utility bill

You DO need:
- original tenancy agreement
- letter from the landlord giving your fiancee permission to live in the property

3. On the online application, the question asks - "Have you ever been convicted of any criminal offence in the UK or any country?"

We have selected 'YES' (as recommended for traffic offenses by this forum even though the question removed the 'traffic offenses' wording which others have shown used to exist).

A traffic offence offence is NOT a criminal conviction, so I would actually tick NO.

There is no requirement to disclose the traffic offence, but we recommend declaring it to show you are being honest and have nothing to hide.

So, I would declare the traffic offence in a cover letter/the additional information section and include her driving record.

4. There is another similar question on the online form below it - "Have you received any other penalty in relation to a criminal offence; for example a caution, reprimand, warning, or similar penalties in the UK or any other country?"

That is also a NO.

5. In light of the traffic citation offense discussed above, can we even apply on VFS to use the priority visa service for her spouse visa application?

Yes, because she does not have any criminal convictions, and actually the traffic offence is only being declared just to show transparency and honesty.

I note VFS in their priority guidelines for settlement visa say our application will not be straightforward in light of committing a criminal offence in any country.

But she has not committed a criminal offence.

In fact, even if she did have a criminal conviction, we still recommend using priority because it will get the application looked at much quicker than not using priority.

All priority does is get the application put to the front of the line when it arrives in Sheffield. This happens before they even look at the application and before they even know if you have any criminal convictions.

The only reason they say not to use priority is to cover themselves in the case that it takes longer than expected to process the application.... basically so you don't make a complaint.

@KFdancer @ksand24

Thanks for the forum welcome! Wonderful to meet great people here and hopefully I can also help here where I can!

Thank you both so much for your prompt and greatly appreciated replies. That puts my mind at ease a lot and your help is much appreciated! I will adjust the answers on the online form and as noted - explain the citation in the cover letter/additional info and ensure she includes the DMV record as evidence.

Thankfully, I easily fulfill the income and accommodation requirements so our case should be straightforward. Funnily enough, I'm excited to get married but like all of you, I will be glad to see the back of the visa paperwork.

From what I've seen on people's experiences so far - a priority application seems to average about 30 working days (compared to a 60 working days for a majority of non-priority applications as the UK home office show).

I'm ensuring our case is watertight as the process isn't cheap and we don't want to be apart unnecessarily so doing the preparation and thorough research beforehand (with the help of Google sheets). 

Thank you so much again!

Yup, those are the current processing times.  Soon the summer backlog will start to stack up and the processing times will likely be extended.

Thanks for confirming! We will be submitting her online application on May 16th and I will ensure she sends the hard copy paperwork on the same day she completes her biometrics so hopefully before end of May.

Thank you both so much for your prompt and greatly appreciated replies.

No problem at all .

Thankfully, I easily fulfill the income and accommodation requirements so our case should be straightforward. Funnily enough, I'm excited to get married but like all of you, I will be glad to see the back of the visa paperwork.

If you'd like to post a list of all the documents you are including, we can check that nothing is missing .

Do be prepared though, that you will have 2 more visas to apply for over the next 5 years, both of which will require the same paperwork.

You'll also need evidence of living together for the 5 years, so when she arrives in the UK, you'll want to get her name on as many items of official mail as possible, as well as turning OFF paperless so that you get everything delivered by post, and saving all your mail.

From what I've seen on people's experiences so far - a priority application seems to average about 30 working days (compared to a 60 working days for a majority of non-priority applications as the UK home office show).

We have had a few priority decisions come through quickly in the last week or so (less than 20 working days), but 30 is a good average to work with, especially going into the summer months.

Thanks @ksand24 !!

So here are the list of documents we will be submitting (using a folder with plastic wallets to contain documents). This may be overkill but I have heard that UK Home office have a denial quota and some people got denied even when evidence was provided - hence my paranoia:

APPLICATION FORMS

• Receipt of VFS priority payment receipt- being put at the top of the pile of whole application
• Printed copy of electronic application form
• Appendix 2
• Receipt of NHS surcharge payment
• Receipt of UK Spouse visa payment
• Biometric Appointment Confirmation receipt (stamped)
• VFS courier receipt

APPLICATION'S DOCUMENTS

• Cover letter (explaining anything out of the ordinary e.g. her traffic citation)
• 2 x UK passport colour sized photos (with application's name written on back and put in a clear ziplock bag)
• Supporting love letter from applicant
• Applicant's actual USA passport (also shows her UK visit stamp - we will put this in a zip lock bag)
• Applicant DMV driving record (as discussed)

SPONSOR'S NON-FINANCIAL DOCUMENTS

• Certified copy of UK passport page
• 1 x UK passport color sized photo (with sponsor's name written on back and put in a clear ziplock bag)
• Supporting love letter from sponsor

SPONSOR'S FINANCIAL DOCUMENTS

• 6 months of bank statements showing salary payments into my account - we are submitting the online application on May 16th so I'm including Nov 2017 - Apr 2018 bank statements (most recent will be dated April 26th to ensure 28 day rule followed)
• Employment letter (dated within 28 days of May 16th when online application is submitted - stating all the requirements and mentioning the word GROSS salary - I read somewhere of someone getting denied due to this being missing)
• 6 months of printed payslips (each one stamped and signed) with accompanying company letter from Head of Finance to verify they are authentic (dated within 28 days of May 16th online application form submission)
• End of tax year P60 form - I may or may not be able to get this in time. Is it optional?

N.B. Two things:

1. My salary is paid into my Halifax current account each month on 25th (a £10 bonus reward from my bank is given on this account when putting in a certain amount each month). The same day I move the money over to my Ultimate Reward account but leave a few pennies in the Current (to keep it active). For this purpose I'm including both accounts on the statements to showing my income was paid in and transferred through the two accounts - with the cover letter explaining how this works.

2. My most recent bank statement (that comes via post) may or may not make it in time so if nothing arrives 4th May (I fly out 9th May), I'm going to my bank - who said they can print off and certify the April Current Account statement and the quarterly (Feb - Apr) Ultimate Reward statement as genuine. The rest of my statements are originals received in the post.


ACCOMMODATION DOCUMENTS

• Copy of Tenancy agreement
• Letter from landlord - (dated within 28 days of May 16th online application submission) describing the property, that it is fit for purpose and that my spouse can stay and be added onto the tenancy once she has passed UK RTR checks using her BRP card
• Photos of inside the accommodation - this is optional I believe but figured it helps strengthen the case

RELATIONSHIP DOCUMENTS

• Certified copy of marriage certificate - we are getting married in Vegas on May 15th so will be going on May 16th to the Clerk County recorder's office to file the original marriage certificate and getting 2-3 copies from them (one which will be included in this application)
• Letter of support of relationship from applicant's parents (along with a certified photocopy of their IDs) - may be optional but as they met me in person, I figured it gives strength to genuineness of our relationship
• Letter of support of relationship from sponsor's mother in UK (along with a certified photocopy of her ID) - may be optional again but as my family have met my fiancee in person when she visited the UK - so I figured it gives strength to genuineness of our relationship
• Engagement photos
• Wedding invite
• Wedding photos - will be us with many friends including her parent's
• Screenshots of Facebook messages and Messenger video chats (showing date/time and both of us in a picture) + FB voice calls - one or two per month to be shown. We don't use regular phone as Facebook is free and she doesn't use Skype.
• Evidence of transactions for flowers I've brought her at different times
• Engagement ring receipt
• Wedding ring receipts
• General photos of the two of us - from each visit to each other (including photos with each other's family) but not going overboard.
• Screenshots of Facebook posts - showing when we got engaged as well as married, that she was in London, that I was in USA (also including a post or two from her friends showing us together with them)
• Evidence of Facebook messages to each other - one or two messages from each month to show consistency
• Evidence of my flights to her in USA (tickets / itineraries along with my i-94 page showing I was admitted into USA)
• Evidence of her flights to her in USA (along with my i-94 page showing I was admitted into USA)
• Evidence of honeymoon hotel booking
• Evidence of wedding photographer contract

We will be including original documents as well as a complete copy set. Both of us will be also be keeping a copy of all the documents each (as a safeguard).

1. Do we need to write the GWF reference and priority application on the top right of each page of the original docs? Or only on the copies? We will write it on the main outside envelope too.

2. Some of her documents may not be exact A4 UK size but US equivalent letter size - hopefully this isn't a big deal.

3. Finally, inside the main envelope we will put a spare envelope for the returning the original documents along with the loose pre-paid shipping label (purchased from VFS). On the front of the main outside envelope we will write PRIORITY.

4. Would they send the passport back with your original documents or as a separate envelope?

5. On the online application form, we have given June 18th as the date of intended travel. Though the visa wouldn't necessarily come before then, it was figured that the home office would just give a new date range she can fly out after they approve the application (at the same time we are ensuring that there isn't any unnecessary time apart by putting a date e.g. 3 months into the future to travel).

I will be getting her name on my bank accounts, tenancy agreement, dentist / doctors, council tax and utility bills too so that we have evidence for future UK visas. Thankfully I can be a hoarder of paper documents so evidence shouldn't be a problem.

I've spent a lot of time going through so many forums and guides trying to decipher good vs bad information - quite tiring haha. If I have missed anything, please let me know.

Thanks again for all the advice and help! I appreciate the sacrifices you are making here in giving up your time!

So here are the list of documents we will be submitting (using a folder with plastic wallets to contain documents).

Okay, first off, do not use plastic wallets - it makes the job harder for Sheffield. Just place everything in suitable piles, and you can secure with a paperclip or rubber band if you like.

You do not need the following, so take them all out:
- Supporting love letter from applicant - not required
SPONSOR'S NON-FINANCIAL DOCUMENTS
- 1 x UK passport color sized photo (with sponsor's name written on back and put in a clear ziplock bag) - not required
- Supporting love letter from sponsor -not required, but you do need to send a factual letter stating how you meet each requirement to sponsor her visa.
[/list]
- The ultimate reward account bank statements. All you need to show is the salary being paid INTO the Halifax account.
ACCOMMODATION DOCUMENTS
- Photos of inside the accommodation - this is optional I believe but figured it helps strengthen the case - not required

RELATIONSHIP DOCUMENTS
- Letter of support of relationship from applicant's parents (along with a certified photocopy of their IDs) - CANNOT BE CONSIDERED so does not help in any way as it will not be looked at
- Engagement photos - - not required
- Wedding photos - will be us with many friends including her parent's - not required. You should only send 2 photos maximum, with only you and your spouse in the picture
- Evidence of transactions for flowers I've brought her at different times- - not required.
- General photos of the two of us - from each visit to each other (including photos with each other's family) but not going overboard. - 2 photos maximum
- along with my i-94 page showing I was admitted into USA) - - not required

The following are for fiance visa applications only so should not be included:
- Wedding invite - - not required
- Engagement ring receipt - not required
- Evidence of honeymoon hotel booking - not required

• Evidence of wedding photographer contract

- not required

1. Do we need to write the GWF reference and priority application on the top right of each page of the original docs? Or only on the copies? We will write it on the main outside envelope too.

You don't need it on ANY of the documents.

2. Some of her documents may not be exact A4 UK size but US equivalent letter size - hopefully this isn't a big deal.

Nope, it's fine

3. Finally, inside the main envelope we will put a spare envelope for the returning the original documents along with the loose pre-paid shipping label (purchased from VFS). On the front of the main outside envelope we will write PRIORITY.

Nope, don't include a spare envelope - Sheffield will provide that.

You must write SETTLEMENT PRIORITY SERVICE in very large letters on the outermost packaging

4. Would they send the passport back with your original documents or as a separate envelope?

All will be sent together.[/list][/list]

So, your document list should be as follows (my additions/changes in blue):

APPLICANT DOCUMENTS
- Receipt of VFS priority payment receipt- being put at the top of the pile of whole application
- return shipping label
- Cover letter
- Printed copy of electronic application form
- Appendix 2
- Receipt of NHS surcharge payment
- Receipt of UK Spouse visa payment
- Biometric Appointment Confirmation receipt (stamped)
- Applicant's current US passport
- All previous US passports applicant has held
- 2 x UK passport colour sized photos (no name needed on back)
- Applicant DMV driving record (as discussed)

SPONSOR'S DOCUMENTS
- Certified copy of UK passport page
- sponsor letter of support, outlining the following:
i) how you qualify to sponsor the visa (UK citizenship
ii) employment details and which financial category you meet
iii) where you will live in the UK, including property details
iv) short, factual history of relationship

SPONSOR'S FINANCIAL DOCUMENTS
- 6 months of printed payslips showing at least £1,550 before tax on each one
- 6 months of Halifax bank statements showing deposit of every payslip
- Employment letter stating all of the following:
i) current employment and salary
ii) length of employment
iii) length of time earning current salary
iv) type of employment

Optional but recommended:
- original job contract
- latest P60 you have been issued (this could be last year's)

ACCOMMODATION DOCUMENTS
- Copy of Tenancy agreement - original should be provided, not a copy
- Letter from landlord

RELATIONSHIP DOCUMENTS
- Certified copy of marriage certificate
- 2 photos of only you and your spouse, maybe one from the wedding and one from early in the relationship
- Boarding passes from flights to see each other
- Screenshots of Facebook messages and Messenger video chats (showing date/time and both of us in a picture) + FB voice calls
- Evidence of Facebook messages to each other - one or two messages from each month to show consistency

I would NOT include Facebook posts, just the messages and calls. You don't want to be sending more than 2 pages of messages (no content) and 2 pages of calls.

I don't know where you've heard that UKVI have a refusal quota.  That is 100% not true.  If you meet the requirements and demonstrate that with the required documents, you get the visa.

The visa is absolutely a tick box visa.  Tick each box and you get the visa.  You don't get a bigger or better tick for exceeding the requirements.  For example, they want a single photo simply to prove you've met in person (a requirement).  Sending 50 photos doesn't strengthen the case.  It just makes more work and unfortunately, could cause an important item to be lost among the "noise" in the application.

If you follow ksand's list to the T, you WILL get an approved visa.   

I don't know where you've heard that UKVI have a refusal quota.  That is 100% not true.  If you meet the requirements and demonstrate that with the required documents, you get the visa.

I missed that part of the post, and no, there is definitely not a refusal quota.

UKVI publish their immigration statistics every quarter, and US applicants across all visa types have an approval rate of between 93 and 98%.

Thank you both for the replies and all the extremely helpful advice as well as clarifying what was false information I had read around the place!! You have both given my fiancee and I (who has been reading this too) a great peace of mind!

Thanks also for confirming on the return envelope. The reason I was confused initially about this was due to the UK website saying - Put your return shipping label and envelope inside the package, and keep a copy of the waybill for your records (https://www.gov.uk/government/publications/usa-apply-for-a-uk-visa/apply-for-a-uk-visa-in-the-usa).

Thankfully she only has been issued one passport - her current one, which makes things easy.

I realize now just how overboard I had gone with what documents were required so not complaining that there is less to do than I thought. 

My original job contract was from June 2010 with my salary from 7 years ago (though this was above £18600 anyway) - I presume this won't an issue?

With regards to my landlord's letter - they use a letting agency to take care of a lot of things. Is it permissible that the letting agency can also provide a letter on behalf of the landlord for my fiancee?

Tonight I will be updating my Google sheet with all the correct info. I will keep you updated.

@ksand24 - thank you for the detailed timeline on doing the UK Spouse visa process on another post I was reading - very helpful and appreciated!

Many thanks!

Job contract from 7 years ago won't be an issue.

The letter needs to be from the owner of the property, not the letting agency.

Thank you both for the replies and all the extremely helpful advice as well as clarifying what was false information I had read around the place!! You have both given my fiancee and I (who has been reading this too) a great peace of mind!

No problem .

Thanks also for confirming on the return envelope. The reason I was confused initially about this was due to the UK website saying - Put your return shipping label and envelope inside the package, and keep a copy of the waybill for your records (https://www.gov.uk/government/publications/usa-apply-for-a-uk-visa/apply-for-a-uk-visa-in-the-usa).

In the 11 years I've been on this forum, I don't think an envelope has ever been needed for settlement visas. It might be that if you are applying for a different type of visa through New York, you need to include an envelope, but I'm not sure.

My original job contract was from June 2010 with my salary from 7 years ago (though this was above £18600 anyway) - I presume this won't an issue?

Nope, not a problem .

With regards to my landlord's letter - they use a letting agency to take care of a lot of things. Is it permissible that the letting agency can also provide a letter on behalf of the landlord for my fiancee?

Someone else asked this a couple of days ago, and it might be okay, but I'm not completely sure. The guidance states that the property owner must write the letter, so if you can, I would get one from the landlord (it does NOT need to be dated within 28 days of applying). If you absolutely cannot physically get one from the landlord, you may have to use the letting agency.

@ksand24 - thank you for the detailed timeline on doing the UK Spouse visa process on another post I was reading - very helpful and appreciated!

No problem .