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Topic: New with some questions  (Read 928 times)

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New with some questions
« on: April 01, 2009, 09:17:38 PM »
First of all I'm so glad I found this site, this is going to help us out so much. I'm 18 and live in the UK, I met my fiancée Mary, 19, a couple years ago on the internet and we've since met up a number of times and fallen completely head-over-heels in love. I am (hopefully) starting Birmingham Uni in September, and our plan is that once I graduate from uni in July 2012 I hopefully can get a full time job, and we can then apply for a fiancée visa. Obviously this is a while away yet but if we can get a good knowledge of how to go about all this now, it can speed up the process in 3 years time, hopefully. Id like to know if our plan sounds feasible and how could we improve it. Also, what is the difference in cost, time, and possible complications between marrying in the UK with a fiancée visa, or marrying in the US and going straight to the spouse. Also, will my student loan affect the decision in any way? When applying for a spouse visa does it have to be done in the US? So if we get married over there, will Mary have to stay there to get the visa? Alternatively if we get married in the UK will she have to fly home to receive the spouse visa? Approximately how much is the whole process going to cost and how much money would you recommend we save? For us I think that if we are to be rejected it will be because of financial support. Id just like some advice really on the best way of going about the whole process, because although there are plenty of people who successfully do this, I've heard some real horror stories and we really want to avoid that.

Thanks

Mike and Mary


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Re: New with some questions
« Reply #1 on: April 01, 2009, 09:38:01 PM »
Quote from: M&M on April 01, 2009, 09:17:38 PM
Also, what is the difference in cost, time, and possible complications between marrying in the UK with a fiancée visa, or marrying in the US and going straight to the spouse.

In most cases, marrying in the US is cheaper

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Also, will my student loan affect the decision in any way?

No, as long as you factor the repayments into your budget and still have enough money

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When applying for a spouse visa does it have to be done in the US?

Yes

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So if we get married over there, will Mary have to stay there to get the visa?

Yes

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Alternatively if we get married in the UK will she have to fly home to receive the spouse visa?

No, she can switch in-country

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Approximately how much is the whole process going to cost and how much money would you recommend we save?

In three years' time who knows?  The fees continue to increase, and the rules are continually changing.  While your attempt to prepare is admirable, there are some things you just won't be able to know until you are ready to make the actual application.  The best advice for you at the moment is to keep your ear to the ground and pay attention to any changes in the immigration rules that will affect your future plans.  This forum is a great resource.  Good luck to both of you. 
On s'envolera du même quai
Les yeux dans les mêmes reflets,
Pour cette vie et celle d'après
Tu seras mon unique projet.

Je t'aimais, je t'aime, et je t'aimerai.

--Francis Cabrel


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Re: New with some questions
« Reply #2 on: April 01, 2009, 09:39:33 PM »
You will find the answer to many of your questions if you do a search on this board.  There are many threads re: marriage in the US vs marriage in the UK.  Take a look at those and let us know if you have any specific questions.  Basically, marriage in the US is going to be cheaper and quicker in most situations.

Do keep in mind that rules may change by the time you apply for your visa, but here is how it stands now:
Your student loans will have no negative impact on your application as long as they are being paid regularly per the terms of the loan.
Spouse and Fiance visas must be applied for in the US.  If you get married in the US, she will have to stay in the US pending approval
If you get a Fiance visa and marry in the UK, she will apply for FLR (further leave to remain in lieu of a spousal visa) in the UK.

xposted with historyenne


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Re: New with some questions
« Reply #3 on: April 01, 2009, 09:51:12 PM »
Your student loans will have no negative impact on your application as long as they are being paid regularly per the terms of the loan.

Also, with UK student loans, you don't have to start paying them off until the April after you graduate (so about 9 months later) and you also don't start paying them back until you earn a salary of £15,000 a year or more (unless you have the money to pay it back earlier) - so the student loan may not even be a factor in the application. Plus, if you do PAYE repayments, the money is automatically deducted from your paycheque every month anyway, so you don't have to worry about ensuring that you make regular payments.

I graduated from my undergraduate degree in July 2005 and I haven't even started paying my loan back yet. After graduating, I worked for a year in retail (earning below £15,000), then I did a masters degree (working part-time as well), then after that, I moved to the US (was there 8 months last year) and when I returned I got my old retail job back (still under £15,000) - so I won't start paying off my loan until I finally get a graduate job (and at this rate, it could be a while!). My brother graduated from uni last summer and will start paying his loan back via his paycheques from this month onwards.


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Re: New with some questions
« Reply #4 on: April 01, 2009, 10:09:45 PM »
A couple of quick points for your post:

-to get either a spousal or fiance visa, she'll have to apply from the US
-in order for you to marry in the UK, she'll have to apply for the fiance visa, otherwise, you have to marry in the US and get a spousal visa
-people sometimes find it cheaper and easier to go the spousal visa route instead of fiance; you're only technically paying for the one visa (spousal) instead of two (fiance, then FLR once she's in the UK). Plus, on a spousal visa, she can work from the get-go; on a fiance visa, she can only work once she gets her FLR. It just depends on each individual situation, methinks.
-application times and fees between the two visas are fairly similar--if it's fairly straightforward, and the consulate isn't too bogged down, and you use a courier, it can have a turnaround of a couple days
-as for how much money to save, that's difficult to say; loads of things can change in the next couple of years, but generally the ECO looks for the household to have 95 GBP left over per week after bills. The important thing is that the ECOs are looking to see that she won't need public funds while she's there on a spousal visa, and that you two as a couple will be able to support yourself without public money (you can claim any benefits or credits you would be able to get on your own, but you can't claim any extra on her behalf).

It's good to be informed, but a lot is going to change in the next few years, so just be aware of that. Whatever we tell you now may very well (and prolly will) be different.

x-posted with everyone else
Met fiance (online): 2001
Started dating: 12/2005
Met fiance: 09/2006; 06/2007
UK Trip: 03/2008; 10/2008
Engaged: 11/2008
Married: 05/27/2009
Spousal visa app: 06/02/2009
Biometrics: 06/26/2009
Consulate received app: 07/01/2009
Approved: 07/02/2009
Moving Date: 09/04/2009

*I'm not any sort of immigration expert; I just play one on the telly*


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