Advice and Help Appreciated!

Hi everyone!

Myself (British guy) and my fiancee (American woman) are starting to wrap our heads around what seems to be a difficult task of getting her a fiancee visa to come to the UK to get married and then live here together, however as with every situation ours is slightly different from the norm and we would really appreciate help and advice!

First to note is that we have of course both met in person, and that we are engaged, while I visited her in the USA. As of now I am back in the UK and she is in the USA.

We are aware of the financial requirement for the visa, however we are both still looking for jobs, though hoping to both have one in the near future. Obviously the financial requirement seems like a daunting figure for us at the moment, and we would like to be together as soon as possible, is there a clear and simple way to explain the best and quickest way for us to meet the financial requirement?

We would also appreciate an explanation as to how far a 'sponsor' (possibly parents) could  help meet this requirement. Is there any statistic showing people with sponsors being more/less likely to get approved?

Secondly to note, my fiancee tried to visit me in the UK without a visa last October and was unfortunately turned away at border control and sent back to the US. Will this have any major impact on our application? She was not deported or sent away for any criminal reason, just the fact she had lack of evidence of ties to the US (showing she meant to return, such as a return plane ticket).

Thirdly, is it worth getting an immigration lawyer to look over our application before sending? Does anyone recommend a specific lawyer who helped them?

Thank you all so much for your time, it really is appreciated,

J&C

Unfortunately, your options are limited. 3d party support is not allowed.  Period.  Your parents can give you a gift of £62,500 which you must hold untouched for 6 months before your fiancé can apply.  This must be a gift, not a loan.  Or, you must get a job earning £18,600 and once you have been employed for 6 months and have 6 pay slips of £1550/ month or more then she can apply.

Being refused entry means that all future visa applications will take longer as they'll require further scrutiny.

There is no way around meeting the financial requirement. 

How are you both supporting yourselves?

Thank you both for the replies!

We are both currently staying with our parents temporarily, just in the interest of saving as much money as we can while out of work, although neither of us currently have much. We are in our 20s and understand the need for the UK citizen to have their own property to show I can support, which in time I shall.
 We love each other very much and it's extremely difficult being apart without knowing how long we have to be apart for, so all constructive help and advice is greatly welcomed, thank you

You don't need to have property.  You need to meet the financial, accommodation and relationship requirements. 

To meet the accommodation requirement you can own, rent or be staying with parents with permission.

I was aware on the rental, but not staying with parents/family with permission, that's nice to know thank you,

Does staying with parents lessen the chance of visa approval or no?

thank you,

J&C

It doesn't really affect it.

As long as you have strong documentation, it makes no difference.

We would also appreciate an explanation as to how far a 'sponsor' (possibly parents) could  help meet this requirement. Is there any statistic showing people with sponsors being more/less likely to get approved?

To clarify, every fiance/spousal visa MUST have a sponsor.

There is only one person who is allowed to be the sponsor and that is you (the UK citizen fiance/spouse).

It used to be that 'third party financial support' (i.e. from parents) was allowed for a fiance/spousal visa, but since the rules changed in July 2012 and the new financial requirement was introduced, the third party support allowance was stopped.

Secondly to note, my fiancee tried to visit me in the UK without a visa last October and was unfortunately turned away at border control and sent back to the US. Will this have any major impact on our application?

It won't prevent her from getting a fiance or spousal visa, but it will mean that she will need a visa to enter the UK from now on (even if she's just visiting) and also that all future visa applications will take longer to process as they have to look into the reason for the refused entry.

Also, it means that for future visa applications made in the UK, she will not be able to apply in person, she will have to apply by post, because only straightforward applications can be processed same-day at an in-person appointment.

But this all only affects the time it takes to get the visa, not the chance of the visa being granted.

Thirdly, is it worth getting an immigration lawyer to look over our application before sending? Does anyone recommend a specific lawyer who helped them?

If the only complication is one refused entry, then it's probably not worth using a lawyer. There's lots of information on the UKBA website about how to apply, and plenty of help here at UK-Y, so you shouldn't need to pay for a lawyer to help you.

Does staying with parents lessen the chance of visa approval or no?

It makes absolutely no difference.

For meeting the accommodation requirement, if you are staying with parents you would need the following documentation:
- a letter from your parents giving you and your fiance permission to live in the home and stating that it won't be overcrowded with you both there
- their land registry document or deed
- their most recent mortgage statements, if they have a mortgage

Third party support IS allowed for the reverse situation of relocating to the US.  So if you want to be together sooner rather than later, it may be in your best interest to move to the US to be with her.

Thank you so much for the information, it's nice to hear something constructive and positive we really appreciate it

Just to confirm, it wouldn't matter if I was making £1500 a month doing multiple jobs to reach the financial requirement, right? Can't see how that would be a problem but just wanted to be sure, thanks a lot, J&C

You need to be earning £1550/month.