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Topic: Where do I begin?  (Read 1816 times)

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Where do I begin?
« on: February 24, 2009, 11:24:35 PM »
I am an US citizen (female, 25) who is interested in getting married to a UK citizen (male, 26).  I am currently in London right now on a visitors visa and would like to also apply for the spouse visa/FLR visa.

I am planning on going back to the US in about a month.  I would like to know all my options on what I am allowed to apply for and where.  I do not mind whether we get married or apply for the visa in the US or UK.  Would prefer the cheaper option if there is one.

I am a bit confused.  I have been looking on-line and through forums to find information pertaining to my situation, but have been unable to find a clear direct answer or maybe a step by step approach for any scenario. Any help would be great, even if it is just links to forums that would help me.

Thank you
 ???


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Re: Where do I begin?
« Reply #1 on: February 24, 2009, 11:30:11 PM »
Option 1:

Return to the US, apply for fiance visa (£515), go to the UK, get married, apply for FLR(M) (£395 or £595 depending on whether it is posted or in-person), live happily ever after.

Option 2:

Return to the US with your fiance, get married there, apply for spousal visa (£515) return to the UK, live happily ever after. 
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: Where do I begin?
« Reply #2 on: February 24, 2009, 11:34:56 PM »
Well, you probablly won't get a step by step approach here, because this whole forum is littered with people in exactly the same situation, but to summerise what you are likely to find upon nosing around further is:

  • You litterally cannot get married in the UK on a visitors visa and there is no way to change from a visitor to any other type of visa without leaving the UK and applying from abroad
  • You can get married in the US.  Your fiancé would not need a visa to marry you in the UK, but marriage laws very from State to State, so you would need to check what the specific requirements and costs are in the State you are getting married in.  This is by far the cheapest route and simplist route.  Once married you would apply for a spousal visa, which once granted would allow you to stay in the UK for 2 years at which point you would apply for additional time in the UK, eventually progressing towards full Citizenship.
  • You can get married in the UK.  You would require a fiancée visa to enter the UK and get married.  You would not be able to work or study while on the fiancée visa.  They are issued for 6 months to come to the UK and get married.  Once you are married, you apply for an in country spousal visa (often called an FLR(M)) which will allow you to extend your stay for an additional 2 years before progressing further down the path towards Citizenship.

Of course this assumes you want to settle in the UK.
WARNING My thoughts and comments are entirely my own.  Especially when it comes to immigration and tax advice, I am not a professional.  My advice is to seek out professional advice.  Your mileage may vary!
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Re: Where do I begin?
« Reply #3 on: February 24, 2009, 11:42:52 PM »
Thank you for the immediate replies:)

Still more and more questions though....

If I choose to get married and apply for the visa in the US, what is the best and easiest way to do so? I have heard people applying online...is there a website that I can go to or is that with an agency?  Is it better to go to a major city for the interview or is mailing it in just as good?  Also have heard rumors about using a private courier service to get it taken care of faster if by mail is this true?
What are the time frames and information that I need to collect for the visa?

If there are other forums that deal with this information more thoroughly please post them...I have had a great deal of confusion when searching throughout the forums and find myself still without the answers I need.  It could just be that I have just been putting in the wrong search words or something:(




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Re: Where do I begin?
« Reply #4 on: February 24, 2009, 11:52:07 PM »
There are all kinds of threads on this forum that deal with the exact questions you're asking.  You don't even need to search to find them, just scroll through the past few weeks of posts in this section. 

You will need to apply for your visa online from within the US, there is no other way.  There is also no interview, you do the online application then mail your supporting documents to the consulate.  If you use an authorized visa expeditor, or courier, your application will be processed more quickly than if you use UPS/USPS/FedEx to deliver the documents.  You'd probably be looking at 2-3 days with a courier, several weeks without, as long as your application is straightforward.

ETA: Here's the site for the online application http://www.visa4uk.fco.gov.uk/
« Last Edit: February 25, 2009, 11:14:15 AM by historyenne »
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: Where do I begin?
« Reply #5 on: February 25, 2009, 07:37:11 AM »
You litterally cannot get married in the UK on a visitors visa

Not to be pedantic, but... ;) yes you can.  A couple of years ago, they started issuing COA's to visitors so now it is *possible* to get married while on a visitor's visa, but not really recommended because it's expensive (and the COA will probably take over a month to process since it's a non-standard situation.) And I think the exception for CoE weddings is still in force, although the vicar in question may or may not demand a fiance visa/CoA anyway.

You do still have to go back home to get a spouse visa, though, that's definitely true.
« Last Edit: February 25, 2009, 07:39:00 AM by springhaze »
Now a triple citizen!

Student visa 9/06-->Int'l Grad Scheme 1/08-->FLR(M) 7/08-->ILR 6/10-->British citizenship 12/12


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Re: Where do I begin?
« Reply #6 on: February 25, 2009, 11:39:23 AM »
Not to be pedantic, but... ;) yes you can.

Really?  While I didn't want to get into the fringes (like CoE marriages and situation where it is Article 8 infringement for the visitor to return), I didn't realise they started issuing CoA to Visitors.  I suspect though with the changes though, it is clear they are trying to create different visitor categories where you attest that you aren't going to try to stay to get around Article 8 issues.
WARNING My thoughts and comments are entirely my own.  Especially when it comes to immigration and tax advice, I am not a professional.  My advice is to seek out professional advice.  Your mileage may vary!
Transpondia
UK Borders Agency (Official Government Site)
Office of Immigration Service Commissioner (Official Government Site)
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Re: Where do I begin?
« Reply #7 on: February 25, 2009, 11:51:00 AM »
yeah, it was after one of the court cases around the COA that they started doing this..as far as I know the whole thing is still tied up in appeals somewhere, but I think this started happening around spring/summer 2007ish.  And we had a member here last year who got a COA to get married as a visitor due partly to her husband being disabled, I think.
Now a triple citizen!

Student visa 9/06-->Int'l Grad Scheme 1/08-->FLR(M) 7/08-->ILR 6/10-->British citizenship 12/12


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Re: Where do I begin?
« Reply #8 on: February 25, 2009, 12:00:21 PM »
CoA's are issued to everyone who applies, unless there is reason to think that it is a marriage of convenience.  It doesn't matter what the status of the applicant is - visitor, illegal, whatever.

Vicky


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Re: Where do I begin?
« Reply #9 on: February 25, 2009, 12:15:49 PM »
CoA's are issued to everyone who applies, unless there is reason to think that it is a marriage of convenience.  It doesn't matter what the status of the applicant is - visitor, illegal, whatever.

Vicky

If that is the case, then why do people need fiance visas?
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: Where do I begin?
« Reply #10 on: February 25, 2009, 12:18:07 PM »
you can't switch to FLR(M) if you're here as a visitor (or illegally for that matter!) So for people coming from overseas to get married and settle here, the fiance visa offers a straighforward path to do so.  For people who are coming to the UK expressly to get married (and then going back to their own country), a marriage visit visa is a lot less hassle and less expensive than a COA. 

The COA is designed for people who are already in the UK on long term visas (student, work visa, etc) to be able to get married here- I got one last year before I could get married in Sheffield.  For most visitors a COA doesn't make any sense, which is why the other paths are used/preferred.
« Last Edit: February 25, 2009, 12:23:28 PM by springhaze »
Now a triple citizen!

Student visa 9/06-->Int'l Grad Scheme 1/08-->FLR(M) 7/08-->ILR 6/10-->British citizenship 12/12


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Re: Where do I begin?
« Reply #11 on: February 25, 2009, 12:19:47 PM »
Ah, OK, that makes sense.  So even if someone did marry here with a CoA, they'd still have to return to the US to get a spousal visa.  Thanks!
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: Where do I begin?
« Reply #12 on: February 25, 2009, 01:52:22 PM »
Coolness...  Learn something new every day...  ;D
WARNING My thoughts and comments are entirely my own.  Especially when it comes to immigration and tax advice, I am not a professional.  My advice is to seek out professional advice.  Your mileage may vary!
Transpondia
UK Borders Agency (Official Government Site)
Office of Immigration Service Commissioner (Official Government Site)
My Blog


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Re: Where do I begin?
« Reply #13 on: February 25, 2009, 03:34:21 PM »
I'm also a fan of Garry's site:

http://www.londonelegance.com/transpondia/

Helps a lot with the specifics regarding documentation.  :)
23 Jan 06 - Met Online
17 Jul 07 - ENGAGED!!! :-D
30 Jun 08 - Applied for Fiance Visa
22 Jul 08 - Received Visa
01 Aug 08 - Arrived in UK!
01 Nov 08 - MARRIED!!!
03 Nov 08 - In-person FLR(M) - GRANTED!!

19 Dec 09 - 1st son born :)

02 Oct 10 - KOL Passed
26 Oct 10 - ILR app (posted Special Delivery)
27 Oct 10 - online tracking confirmed delivery
30 Oct 10 - Confirmation via post
15 Nov 10 - ILR granted/documents returned!!!

05 Nov 13 - 1st daughter born :)


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Re: Where do I begin?
« Reply #14 on: February 25, 2009, 05:59:21 PM »
I'm also a fan of Garry's site:

http://www.londonelegance.com/transpondia/

Helps a lot with the specifics regarding documentation.  :)


I have it bookmarked, too, and will refer to it often over the next 3 years. I don't want to waste one day as we move toward citizenship.  :)


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