Spousal visa - how soon is too soon?

I apologize in advance, because I'm sure this has been answered somewhere already, and I've probably even found the answer 7 times tonight, but I have possibly overwhelmed myself and am just not retaining anything at this point

Anyhow, I live in Chicago, boyfriend an English citizen, in London. We're planning on getting married in June or July of 2009 and I'll be moving over there. After we're married, can I apply for the spousal visa right away? Or does it not look good if I apply for the visa after having been married for all of 1 day?   Basically, there's no way for him to come over, the two of us get married, and then be able to plan on going back together, right? He'll only be able to stay for a couple of weeks.

We're just starting to seriously plan all of this. I've got the basic application steps figured out, I think, but it's all of these little logistic issues that are starting to get confusing.

Sorry if that's the most basic question ever! So happy to have found this site. Never in my wildest dreams expected to be planning an international wedding, so it's nice to find a place where I can get some answers.

Thanks!!
Danielle

yes, you can apply straight away, and it doesn't matter.  Plenty of people apply for a spouse visa right after their wedding in the US- it's certainly not unusual!

Just don't book travel until your have your visa in hand!!!!!!!  The boards are littered with people who make that mistake and find out they can't get refunds or changes on their tickets.

We married and got applied for my visa the next day, this was when you could go in person its abit different now as you have to post it in.


Good luck

Indy

Once you get married you can apply right away.. it is true you can no longer go in person but if you choose to use an authorized courier you will get a much quicker turn around.  I used a courier and it was approved the day they took it into the consulate for me.

Just make sure that you have all of your papers in hand and organized before you apply so that you are ready to go and you do not have to wait for paperwork.  Also... I do believe you can actually apply online before the wedding... you just answer the questions as though you were married.  That way you can book your biometrics appointment since there are some places that it takes a few weeks to get an appointment.  I do believe though you have to wait to do the bio appt until after the wedding....  Just once you do the bio appt you have 10 days to get everything into the consulate.

He'll only be able to stay for a couple of weeks.

Don't count on being able to apply and get a reply in less than 2 weeks. Typical waiting times as of now are about 20 days. Could be faster with a courier, but like kitsonk said, don't book your flights to the UK until you have an approved entry clearance in hand.

Also, I may be wrong here...but if getting married in the US, shouldn't you technically have special permission (in form of a marriage visa) either way you go? I know it's been known for people to do it without...but can't the IO make an issue when your fiance arrives in the US to marry on visa waiver?

Make sure you do ALL your homework. Better safe than sorry.

That is something I've been wondering about. I've read things from people on here, actually, that said they didn't need anything to come the US to marry. But I know they're changing some laws and he might have to let the British gov't know he's planning to marry in the US, at which point he might have to have some sort of interview, etc. But I'm not sure if that has gone into effect, or when it will.
We were thinking he could just say he's here to visit...obviously answer all questions but not volunteer anything. But we definitely don't want to get screwed later if he did in fact need to let the government know.
...sort of rambling, I guess. Sorry   Thank God we have almost a year to plan this. In general, it actually seems much more straightforward than either of us originally thought, but it's all the little stuff, and the timing!

Also, I may be wrong here...but if getting married in the US, shouldn't you technically have special permission (in form of a marriage visa) either way you go?

No, it's perfectly legal to get married in the US on visa waiver (tourists do it in Las Vegas all the time!)  The IO can choose to make it an issue if they want, but if you arm yourself with plenty of proof of ties to the UK and the American fiance is planning to move to the UK, you're pretty much in the clear.

Also, I may be wrong here...but if getting married in the US, shouldn't you technically have special permission (in form of a marriage visa) either way you go? I know it's been known for people to do it without...but can't the IO make an issue when your fiance arrives in the US to marry on visa waiver?

As long as the UK half of the couple is not planning to settle in the US, then, as springhaze said, there's no problem at all (and it's much cheaper to marry in the US and apply for a UK spousal visa than to apply for a fiance visa, marry in the UK and then apply for a spousal visa after that). Unlike the UK, which requires a 'visit for marriage visa' to get married in the UK and then settle in the US, the US does not require a visa to marry there and then settle in the UK. You only need a US marriage visa if you will be living in the US after the wedding (and from what I've heard, the US spousal visa takes 6 months to a year to be issued!).

and it's much cheaper to marry in the US and apply for a UK spousal visa than to apply for a fiance visa, marry in the UK and then apply for a spousal visa after that

Speaking in terms of the cost put out for visas alone, yes. But when you calculate in the cost of airfare for your UK fiance(e) to travel to the US and back...you may as well be paying the fiance visa fee right there, especially with the outrageous costs of flights now.

Didn't mean to be picky, but it depends on how you look at it. Either way (to the OP), it's a good job you have so much time to plan things. At least it's not one of these "applying on a wing and a prayer" cases who have posted on here and haven't read up on the most up to date information. Stick around here and you should be fine. 

Speaking in terms of the cost put out for visas alone, yes. But when you calculate in the cost of airfare for your UK fiance(e) to travel to the US and back...you may as well be paying the fiance visa fee right there, especially with the outrageous costs of flights now.

Of course, you're right - yeah, I was just talking about the cost of the visa rather than the cost of travelling between the countries as well, so I probably should have worded it a bit differently .

Thanks so much everybody. I have to say, it's nice that in just a couple days on this site, basically every one of my fears has been calmed. We just started seriously talking about all this when my fiance was here last month. His dad has been offering to take him to immigration lawyers and we were starting to prepare for a maelstrom of stress and confusion, so to have at least a rough outline of how everything needs to be done is extremely comforting to everyone involved

I just went through a similar situation.

My husband proposed to me this June, on my birthday. We were going to apply for a fiance visa, have me move over, and then be married within 6 months. However, in August we received a newsletter from the UK Immigration site that I subscribed to, stating that the visa eligibility age is going to be changed from 18 to 21 effective this December. Well, we're both 19, so that was a huge problem. There was no way we would be able to get a fiance visa, plan a wedding, marry, and get a spouse visa by December; and that's just time wise. The cost was out of the question! He had been visiting until July. So he had to fly back here and we had a backyard wedding. I thought I would be able to go back with him, but they needed his passport and a lot of other paperwork that he needed to be in the UK to get. Things actually just finally sorted themselves out yesterday- I got my visa in the mail today.

Everyone is right, you don't need anything special to marry in the US. All we did was apply for the typical marriage license and we were ready to run.

I'm glad that you have a year to plan this, because it has been the most stressful time in my life. I even started having sress related reactions where I would develop swellings on different parts of my body! It will be a much easier process for you, as opposed to only having a few months. The thing to remember is you have to have evidence to back up and prove every little thing you claim. There's a lot of paperwork involved. I didn't find this site until after I'd submitted my visa, but definitely stick around. These people are amazing, and you will have a much easier go at it all. I know it's confusing, but relax. It'll be fine and it'll be worth it. I wish you luck!