Fiance Visa vs Spousal Visa just beginning the process

Hello. 

A bit about me...  I met my boyfriend 2.5 years ago when we were in school together in London.  We dated all throughout school and in October 2008 my student visa ran out and I moved back to the states.  We have stayed together and done the distance thing since then but now we are getting ready to move back to living in the same country and being together.  At the end of the summer we want to be able to apply for a visa which will allow us to live together in the UK.

I have heard lots of different things and this forum has been so useful but we are still wondering what to do.  Some of our friends have said that we should apply for the fiance visa, and then have a civil ceremony there and then apply for the spousal visa in person in croyden.

But after reading it seems like many of you suggest getting married here with a civil ceremony and then applying for the spousal directly.  FYI I live in Tallahassee Florida but until recently have not thought of this as an option so we have not really looked into the requirements. 

My biggest fear is that we somehow screw this process up and then we will not be able to see each other!  It's such a daunting process to begin.  I would appreiciate any advice.

Thanks in advance.

Personally, I'd recommend marrying in the US and applying for the spousal visa, especially if you are only going to have a civil ceremony.  It's easier and cheaper since you only have to apply for one visa.  The fiance visa is good for people who want to have a big wedding in the UK, or whose British fiances can't travel to the US for some reason.  Also, with the spousal visa you are eligible to work as soon as you arrive in the UK, whereas you cannot work as a fiance. 

It's very unlikely that you will mess up the process, whatever you choose.  As long as you read the requirements carefully and make sure that you meet them, you'll be fine.  This site is a great resource.  Good luck! 

If you chose to go the fiance visa the downside is that you have to pay for 2 visa's (£585 each) within a (max) six month period and then you're six months further down the line for ILR (under the current rules). I went the civil ceremony in the US then did a spousal visa & arrived early last year. The general information for spousal visas can be found in the following links:

The best place to start is here: http://londonelegance.com/transpondia/spouse/

The online application website is here: http://www.visa4uk.fco.gov.uk/Welcome.htm currently the cost is $878.00 +$12.00 to have your documents returned to you by UPS if you do not use an approved facilitator.

Guidance on the application is here: http://www.ukvisas.gov.uk/en/howtoapply/infs/inf4husbandswivespartners

A paper version of the application is here: http://www.ukvisas.gov.uk/resources/en/docs/1903073/vaf4a

And the documents checklist is here: http://www.ukvisas.gov.uk/resources/en/docs/1903073/settlementdocschecklist

If you want to know what the ECO's are looking for when the process spousal applications you can find their internal guidance instructions here: http://www.ukvisas.gov.uk/en/ecg/chapter13/ Spousal instructions start with 13.5.

Just an FYI--if you choose to change your name that adds another step before you apply for your spousal visa. If you get your spousal visa THEN decide to change your name you'd have to carry your passport with the visa in it as well as your new passport with your new name OR pay £165 for UKBA to transfer your visa to your new passport.

I was originally going the fiancee visa route. But since we were only going to have a civil ceremony, we were advised to get married in the US, as you said. It was very easy to arrange the ceremony, and the fact that my husband did not need a special visa made it a less stressful/less expensive time. I also loved that my family could be there... all positive here.

The only downside is that if your fiance has to go back to the UK (back to work) then you will have to spend the time directly following the wedding apart. My husband left 3 days after the wedding and we are currently waiting for the spousal visa. Emotionally it is difficult, but Legally and Financially it is simpler. And if you have lived apart (as we have in the past) you will be equipped to handle it, IMHO.

I think we could handle spending the time after the ceremony apart, thats not a problem.  It's judt daunting looking at the list of stuff we need to do to get ourselves in order lol.

One question about his flat.  Rich rents his flat.  It's a 3br that he shares with 2 other people.  Once I move there we intend to move out by ourselves once I have a job and we have everything in order but we would probably live in his rented flatshare until we found something else (so like for a month or so).  Would that be a problem?  Or as long as the owner says that it would be ok for that period of time then it would be fine?

That's fine as long as the ownder gives written permission and it is not overcrowded.

Vicky

I think we could handle spending the time after the ceremony apart, thats not a problem.  It's judt daunting looking at the list of stuff we need to do to get ourselves in order lol.

One question about his flat.  Rich rents his flat.  It's a 3br that he shares with 2 other people.  Once I move there we intend to move out by ourselves once I have a job and we have everything in order but we would probably live in his rented flatshare until we found something else (so like for a month or so).  Would that be a problem?  Or as long as the owner says that it would be ok for that period of time then it would be fine?

When Vincent and I were looking into a place to live, we read that you need to have at least 6 months on the lease. I can't remember where I read this (I did so much research that month).

That's not true. As long as you explain and show you have the money to get somewhere new, just staying in the shared flat for a month or so is fine.


Vicky

That's not true. As long as you explain and show you have the money to get somewhere new, just staying in the shared flat for a month or so is fine.


Vicky

Ah, okay. Thanks for the verification. We ended up getting on a lease in a great flat because of that though, so I'm glad i read it wrong.

Heheheh!  Perhaps I should just pretend that the rules are 'must have three bedroom apartment or house with huge garden and kitchen, dishwasher and maid'!


Vicky

Heheheh!  Perhaps I should just pretend that the rules are 'must have three bedroom apartment or house with huge garden and kitchen, dishwasher and maid'!


Vicky

I second this! 

Just an FYI--if you choose to change your name that adds another step before you apply for your spousal visa. If you get your spousal visa THEN decide to change your name you'd have to carry your passport with the visa in it as well as your new passport with your new name OR pay £165 for UKBA to transfer your visa to your new passport.

By extra step, do you mean just having to wait for your passport to come back from the US gov't?  Or is there an additional step? 

By extra step, do you mean just having to wait for your passport to come back from the US gov't?  Or is there an additional step? 

I think it's just waiting for the passport to come back from the US government, so you can have your married name in it, and therefore have your visa and paperwork issued under that name.

By extra step, do you mean just having to wait for your passport to come back from the US gov't?  Or is there an additional step? 

Nope, just the additional time & paperwork to have the new passport issued. That's the extra step.

I think it's just waiting for the passport to come back from the US government, so you can have your married name in it, and therefore have your visa and paperwork issued under that name.

*nods* that's what I assumed too, I just wanted to double check!

Nope, just the additional time & paperwork to have the new passport issued. That's the extra step.

Thanks!