ILR refusal - next step

Hi,
I got a letter from the Home office this morning saying that my wife's application for ILR had been rejected as her 2 years living here wasn't up until August 1st. I applied early as I wanted our passports back as we plan to go to the states in August. I was just wondering if anyone had any ideas what would be the best course of action. Should I apply again now for ILR and risk rejection again or can I apply for a new spousal visa for another 2 years for my wife.
Any help would be much appreciated.

I think that applying 3 months early is a bit too early.

If I were you -- I would try and postpone the trip to the US and apply when the time is right (August).  You might also want to include a letter explaining the trip and to ask if they could return the passport asap. (not an easy thing since the home office needs it to put the new visa in)

         Best of luck 

You're not supposed to apply any sooner than 4 weeks before the expiry of the FLR, so it isn't surprising they refused you. 

DUC's suggestion is sound - if it's REALLY important to you you can throw good money after bad and apply in person.  It will cost you £500, but you'll walk out with the passports that day.

Ok thanks for the advice.
Would an alternative be to apply for another spousal visa for 2 years as we will probably apply for dual citizenship after 3 years anyway.

Thanks

Ok thanks for the advice.
Would an alternative be to apply for another spousal visa for 2 years as we will probably apply for dual citizenship after 3 years anyway.

Thanks

There's no such thing as 'another spousal visa'.  That is what her ILR is - Indefinite Leave to Remain based on her marriage to you. 

A naturalisation applicant must have had ILR for at least 11 months prior to applying to naturalise. 

If you're set on going to the US, your best bet would be to apply to get her ILR in person before she leaves.  This, as peedal mentioned, is going to cost you, but it's the only way to assure she has her passport in time to go.  If the application is posted, the Home Office cannot guarantee a processing time and/or return of documents time.

It might, however, be cheaper to rearrange your travel plans.

No - your spouse will need to have ILR in order to apply for citizenship.  There is no benefit to applying for another round of FLR - if you would even be allowed.  The cost is the same.

And if you're applying for citizenship by way of marriage to a UK citizen, you simply have to be in possession of ILR at the time of application - there is no length of time you have to have had it.

OK thanks for the help