Which is easier/quicker... Fiance or spousal visa

Hi,

I need some advice, I am the UK citizen and my fiance is from the US.  Our wedding is planned for April 2006, but we haven't applied for any type of visa yet... We were wondering which would be quicker and easier to obtain?

Here is a little info on our situation...

We have been together for 3 years and have a one year old son.  I am going to be doing a PGCE in September and I won't have a teaching job until 1st July 2006.  I am currently living in a rented council flat, I contribute a little towards the rent and the rest is covered by housing benefit (the only support I am receiving).  Obviously, when I begin work I will be off benefits.  Will we be declined on this?

He is a licensed fork lift driver, but he only has a high school diploma, but he is in regular employment.

We were planning to marry and then go to NY for the spousal visa.  But now he says that we should get a fiance visa.  Can anyone advise?

I'm confused, are you wanting a visa for the US or does your fiance want a visa for the UK? Which country are you getting married in?

I'm confused, are you wanting a visa for the US or does your fiance want a visa for the UK? Which country are you getting married in?

We are getting married in the UK.  Either visa would be for the UK.

You need a fiance visa to get married in the UK and then stay there.

To get a spousal visa, you have to get married outside the UK. You would only be allowed to enter the UK as a resident after you were already married.

Hmmm, I didn't have a fiance visa when Rich and I got married.  We got married in the UK.  I left to go home. (To prepare for the big wedding in the US, wedding in UK was at a registry) We got the spousal visa right before the big wedding in NY.

didn't the rules change in the spring of this year?

Hmmm, I didn't have a fiance visa when Rich and I got married.  We got married in the UK.  I left to go home. (To prepare for the big wedding in the US, wedding in UK was at a registry) We got the spousal visa right before the big wedding in NY.

How long ago did you get married? Since February, to get married in the UK without a fiance visa, you have to get a certificate of approval from the Home Office or a marriage visitor's visa.

edit: Brownin, I am confused about your current status. Are you and you fiance both living in the UK now? I don't understand exactly what you mean when you say you've been together for three years? Do you mean you are both living together? If so, on what basis is your fiance allowed to live in the UK now?

Also, if you get a fiance visa you have to get married within 6 months after the issuance of the visa.

They've changed the rules about getting married in the UK -- your fiance will need a fiance visa and you will need to apply for Certificate of Approval, which is basically permission to get married in the UK.  You need to factor in time for giving notice of your wedding -- your fiance can't just show up on a Friday and expect to get married on Saturday, so check out what the residence requirement is for your area.  Just under two years after he enters the UK to settle, your husband will apply for ILR, which gives him the right to live here indefinitley.

If you were to marry in the US, you would just need to obtain a spousal visa for your husband following the wedding.  I applied in person at the NYC consulate and it was a pretty simple process (click on the little www icon under my name to read the story).

When applying for either the fiance or spousal visa, it is up to you to prove that you can provide a decent place to live and support the family until your husband starts working.  Being on benefits won't automatically disqualify you, but you might need to show that either you or your husband have some savings or you might want to get someone to co-sponsor your application...do you have family who would be willing to say they'd help you out in the event of financial difficulty?

Just to add that your fiance will not be able to work while he is in the UK while on a fiance visa. He can work with a spousal visa.

Just to add that your fiance will not be able to work while he is in the UK while on a fiance visa. He can work with a spousal visa.

Of course, as you pointed out earlier, sweetpeach, we have no idea where he's located at this point.  The OP says he's working - if he's working here in the UK, then you would like to think he's legal to work somehow now.  If he's not and he's been working...

So I guess we need a bit more info on the logistics.

You're right Peedal, we need more info. My post revealed my confusion.

Ahh, got married January 2004, didn't know the rules changed AGAIN!!!!!  Man they change things way too often!

Of course, as you pointed out earlier, sweetpeach, we have no idea where he's located at this point.  The OP says he's working - if he's working here in the UK, then you would like to think he's legal to work somehow now.  If he's not and he's been working...

So I guess we need a bit more info on the logistics.

He is working in the States at the moment.  I am studying here in the UK.

I hadn't realized that the rules had changed, thanks for letting me know that he would have had to get approval to marry in the UK even if he was going back to US after the wedding (to get the spousal visa)... With that info in mind, we have decided to push the wedding back until July 2006, I should have received an employment offer by a school in April/June so it should help us with the fiance visa.

Is a month a long enough time to allow for the visa to be processed?