IO said something strange upon entry

So in June I applied for, and received my marriage visit visa.  September we were married October we went back to the States for 3 weeks while I applied for, and received my spouse visa.  Pretty straightforward, right?

When I went through the immigration line with my husband, the woman had to go back and check to make sure it was all legit (because I was refused entry in May) and to request a deletion, meaning I wouldn't be flagged each time I came through immigration.  When she came back she told me that she'd also had to check on it because I left the country to get the spouse visa and that I could have applied for that from the UK.  I told her, I'd been informed that I couldn't because I was on a marriage visit visa.  Again, she reiterated that I could have applied and received it while in the UK.  She spoke as if she'd consulted with someone and they agreed with her.

Is she, and the person she possibly spoke to, off her rocker?  Misinformed?  I was given my info from a very trusted source (Thanks Vicki!!  You saved me lots of money ) so I don't think I'm the wrong one.  If I could have applied from the UK, then there's no point for even having the fiance visa.  Everyone could get marriage visit visas.  Not a big issue, but if these people are the ones determining whether or not people come into the country, they should be more knowledgeable of the rules.

Ummm...wait. You applied for a fiancee visa from the States, came to the UK and got married, went back to the States and applied for your spousal visa?

If I'm correctly interpreting that...well, all's well that ends well, but IO lady was right and you just did something odd and cost yourself an unnecessary grand. You must have confused the heck out of her 

The first visa I got was a marriage visit visa, not a fiance visa.  I was going to apply for the fiance visa, but Vicki said I could just get the visit one since I was going back to the US for a bit after we got married.  I could just apply for the Spouse visa from there, which I did.

No, she applied for and received a marriage visit visa. 

So in June I applied for, and received my marriage visit visa. 

[...]

 I told her, I'd been informed that I couldn't because I was on a marriage visit visa. 

She's right, the IO is wrong, and you've misinterpreted her post.

ETA: xposted with cleo

Oh. Well. Okay. I don't know the difference between a marriage visit visa and a fiancee visa (further confused by the fact my brand spanking new fiancee visa says "marriage" on it). But, in my own defenese, I have been imbibing celebretory adult beverages for nigh on two hours.

The dangers of drunk-posting on immigration topics...they're hard enough understand when you're completely sober! 

Me right.

IO wrong.

 


Vicky

Me right.

IO wrong.

As per normal...  But, Vicky, would it have been possible, if the OP was ill or they faced danger returning to their home country to appeal to change from a Marriage Visit to a Spouse?

Oh. Well. Okay. I don't know the difference between a marriage visit visa and a fiancee visa (further confused by the fact my brand spanking new fiancee visa says "marriage" on it). But, in my own defenese, I have been imbibing celebretory adult beverages for nigh on two hours.

Fiance visa = 6-month visa for the UK, so you can get married in the UK and settle there, applying for the spousal visa from within the UK

Marriage visit visa = visitor's visa which allows you to enter the UK to get married, but not settle there (i.e. two Americans could get a marriage visit visa to marry in England and then return home to live in the US. The US doesn't have this visa so two Brits could get married in the US without getting a visa and then return to the UK).

As per normal...  But, Vicky, would it have been possible, if the OP was ill or they faced danger returning to their home country to appeal to change from a Marriage Visit to a Spouse?

If the OP was ill and couldn't travel, then I would suggest that, to keep within the rules, she extends into a visit visa, and then travels when well again.

If there was another compassionate reason as to why they couldn't go home then an application outside of the rules could be made, and may well succeed under 'Chikwamba' and 'Beoku-Betts', but a) it would take time and b) it would be approved on Human Rights, not on the rules, so would result in a three year visa, which would then have to be extended by another three years before she could ILR, rather than the simple two years to ILR which she would get by leaving the UK and re-entering within the rules.

Vicky

When these things happen, the best strategy is to reach in to your carry-on bag and get your print-out of the relevant rules.  Not as a smart-ass, but rather with a sincere intent to clarify which rule governs which visa.

For an MVV, it's Paragraphs 55D-55F along with Paragraph 41.

For a fiance, it's Paragraphs 289AA - 295.

So on and so forth.

As Vicky says, switching out of an MVV might work and result in the 6 year discretionary leave, plus up to 3 more years probationary status.  If it backfires, they can issue a mandatory 10 year ban if they think the person intended to switch.  Risky.  And silly.