Spousal Visa Applicant, Can She Visit?

Hiya all,

maybe a dumb question but here goes....

My US wife is about to apply for a UK spousal visa. In the meantime, she is due over for a weeks visit to the UK...

My question is , would it be best for her to apply once back in the US after visit or should this not be a problem?

Could she fill the online forms whilst over here and then send all documentation once back in US?

I suppose i was also sort of asking, how long is it between filling in online form and when she sends off relevent docs etc..?


Hope the above makes sense 

Many thanks,

Simon

The time between filling out the online form and sending the documents all depends on when she gets her biometric appointment--it depends on what's available, since she can't send anything off until she has those done (she'll have 2 weeks after the appointment to get everything in). So, it varies depending on when you can schedule her biometrics.

I suppose she could fill out the online portion while she's in the UK, as long as she gives herself enough time to get to the biometrics appointment, since she *has* to be in the US for that, then sending off her documents.

I don't think it'd cause a problem anyway (filling out the online portion in the UK), but if it does, hopefully someone will correct me

She will not be able to travel whilst her visa is under consideration as she will not have her passport...
She can fill out the online form in the UK and then send the docs in once she has returned to the US.  

The procedure is as follows:
1. Online form (Can be done in UK)
2. Biometrics appt (MUST be done in US)
3. Sending in documents (Must be done in US)

Many thanks both.....

There's nothing wrong with her travelling before she applies for her visa, and she can submit the online form from the UK.  She only needs to be in the US for her biometrics and while her application is being considered. 

Theoretically, I agree with the others, but I'm surprised no one has said she might have trouble clearing immigration.

I know people that this has happened to before... if you're married were you both together in the US or UK? ECOs could give her a hard time as they may think she's trying to trump the system and come in and stay without a visa.

If she does decided to travel I'd suggested making sure you can prove her return ticket, if she has a job currently something to prove that, and anything else that will help prove she is not trying to sneak in the UK. Hope that makes sense.

But if they got married in the US, and she doesn't have a settlement application currently under review, how would the IO know or suspect that she's trying to screw the system and overstay a visa? She should have the normal stuff we'd all bring along to prove we're only on holiday (i.e. rental/mortgage paperwork, a note from work, return ticket, etc.) but I figured that was just assumed. His question was more could she fill out the online portion in the UK, which she totally can as long as she goes back to the US to finish the application process.

The IO will have no proof she's married to a Brit, nor that she's intending to fill out an application for a settlement visa. She'll be going to the UK on holiday, and then going back to the US, simple as that. She definitely can't travel while the visa is being processed, but I wouldn't think she'd get any extra hassle if she goes *before* she applies.

Edit: especially since she's only visiting for a week. If it was for a few months or whatever I would be more reserved, but if she has a return ticket, and maybe a job to return to or a house she's responsible for to show to the IO, I doubt they'll question her any more than they'd question anybody else trying to get into the UK for a holiday.

Interesting and to be honest something that we had discussed. She is coming for a max of a week and i did suggest she didnt even mention being married , jsu coming to see a friend.
She will as always bring a return ticket, docs etc as always...

She can apply for a family visitor visa, if you're worried.  However, people have done this before.  Devinshire, who posts on this forum, just returned to the US to apply for her spouse visa after 6 months visiting in the UK with her husband.  I don't think she had a visa either.  She probably has some advice for how to handle immigration, because it's really not a good idea "not to mention being married."  If your wife gets caught lying, even by omission, it could be big trouble.   

Blimy now i am worried

So now she should mention she is coming to visit her husband?

FAO Devinshire, any advice on how my wife should play this??

Prolly the best course of action is to say that she is coming to visit her husband, and be honest--getting caught in a lie can hurt your case, but if she stays honest with the IO and has the stuff you say she carries with her when she travels, I think it'll be okay. This isn't an expert opinion by any means, and prolly someone like Devinshire can post more on her experiences, but it has been done before.

And like historyenne said, if you're overly concerned, apply for a visitor's visa beforehand from the States, so it's squared away before she even leaves.

PS: I wasn't trying to imply that she should lie, I was just saying that if the marriage was in the US there wouldn't be any record of it in the UK, that's all

No totally understood ( we were actually married in Hawaii) and funnily enough are still waiting for our marriage cert

I will await hearing from Devinshire hopefully and in the mean time look into family visitor visa (although she is supposed to be coming in 2 weeks, so i presume this will take some time to organise)

Thanks for all your help

I am planning on doing exactly the same thing (visiting after marriage, but before spousal visa) and have been advised to bring along as many ties to the US as possible (as always advised) and I do plan on being honest that I am there to visit my husband, but ensure that they know I am well aware of and plan on following the rules of immigration.  Historyenne mentioned Devinshire - I dont want to speak on her behalf, but I have spoken to her about this and she eased my mind. Hopefully she can come around and ease yours too.

In my case, I am hoping my Kitson-esque dialogue will go something like this:

IO: What is the reason for your visit?
Me: Visiting my husband.
IO: Your husband? When were you married?
Me: On such and such date.
IO: Do you plan on staying in the UK with your husband?
Me: No, no - just a short visit (offers proof of return ticket). We plan on applying for the spousal visa at such and such time.
IO: Why do you need to return to the states?
Me: Commitments at work.  I must be there until such and such time to finish some projects.  (I will have proof of employment if asked...)
IO: OK. Enjoy your visit.

Does your wife have a job to return to in the US? Does she have proof of ties to the US?
If not, I would apply for the family vistors visa.  If she does, then she should be honest about whom she is visiting. Honesty is always the best policy.  Agreed?

She shouldn't "play this". She should tell the truth. That may get her detained or sent back to the US, but it's better than lying, as being caught in a lie could really complicate getting visas in the future, including the spousal visa. I actually made a post similar to this a couple of weeks ago, and the advice I got could probably help your wife:

Ties to the US, money to support oneselves during the visit, that there is clearly an intent to leave the country and that the purpose of the visit is truly a visit, which means temporary.

A return ticket should take care of the last two, best to have the money on hand (UKBA will in some cases run peoples credit cards through for a pre-authorisation at the border to check available funds, but a reasonable amount of cash in hand for a short visit is your best bet) and ties to the US

If she can provide all of that, she could get through immigration okay (but she could still be detained!). Ties to the US mean things like a letter from her employer saying they expect her back at work in a week. Other people will probably come along with additional examples of proof of ties to the US.

This is the post I'm talking about, in case you want to take a look at the advice I got: http://talk.uk-yankee.com/index.php?topic=51801.0;all

(x-posted with mirrajay!)

Edit: Just to clarify, my situation was not at all identical, as I'm not married yet and I had a previous visa refusal. So my situation was a LOT more precarious than your wife's, and if you look at my thread you do not have to worry like I did.