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Topic: more fiance visa questions  (Read 3500 times)

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more fiance visa questions
« on: March 10, 2009, 02:08:19 AM »
Haha..sorry. I have more questions!

I've just emailed global VIP to use as my courier. In the email she sent me back she requested a number of documents I didn't even think I needed! I've been using the transpodia list for gathering my documents and here are a few I have questions about on her list that perhaps some of you can clarify for me:

- * Termination of any previous marriage – divorce papers showing the date the divorce became final (original or notarized copy)

My divorce is not final, so I am including the initial filed papers along with the petition for default divorce. My decree should arrived around the end of April by mail with no court date or anything needed since we're filing for default. This should be okay right? Our wedding date is June 27th, but assuming I get my visa I planned to come to Scotland at the end of March.

Travel Document - One copy of your round trip Confirmed Flight Reservation (You may reserve flights but do not purchase the ticket before the Visa is issued)

What the devil does that mean?? I'm not purchasing any tickets until I get my visa.. how would one even reserve flights without purchasing them??? And why would I get a roundtrip ticket if we are marrying???

Recent bank statements (for both of you) for most recent 3 months and savings account showing sufficient means of support while employment is sought in the UK or for indefinite support if no employment is planned:

Why do my bank statements need to be included? I thought we only needed his?? We have no savings, although he's just sold his bicycle for 1,100 pounds to pay off his overdraft so that he has no debt before we apply.

Educational or vocational certificates and C.V. to demonstrate qualification for potential employment in the area in which you plan to live;

I've no problem including this, I've worked solidly for the last three years, 1.5 of which was in my field of study as an assistant to a photographer (i've my bachelors degree in fine art). But is this strictly necessary?

    * References from previous employers with approved leave (if applicable);

    * Inquiries made regarding employment in the UK, if applicable;

    * Plans for self-employment in the UK, if applicable;


I've already quit my job here and moved back in with my parents (I lived and worked in another city) to save money... so I am currently unemployed.  I know all of these say "if applicable" but I was under the impression my job status etc didn't play a role in my visa, only my fiance's job status. He's got his work contract already which states his pay, etc.

Letters signed, dated from friends and family with their address and phone number stating their knowledge of your relationship and engagement

This is the first time I've seen this being asked for?

Applicant Letter of Intent – You should write a letter giving the purpose of your trip, arrival and departure dates, arrangement for accommodation, transport and other expenses you have made, your address, phone number. Address this letter to the British Consulate and sing it.

Again this confuses me? purpose of my trip is OBVIOUSLY to get married if I am applying for a fiance visa! accommodation is again obviously with my fiance, in his flat, and i'll have no departure date as i'm staying!


Sorry for all of the questions, I just found that so confusing!


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Re: more fiance visa questions
« Reply #1 on: March 10, 2009, 02:27:21 AM »
I'm not sure about every point you listed, but there's a couple I'll try to comment on :) If I'm wrong on anything (which I prolly will be) someone will come along to correct me.

-for the travel document: I don't think that's a set-in-stone rule. A lot of people don't reserve their tickets, or even look for tickets until they're absolutely sure when they'll be getting their visa back.

-pertaining to your bank statements: I think they'd like to see what kind of money you'll be bringing over to the UK, either from your checking account or in savings. Since you're applying for a fiance visa, you won't be able to work until after you get married and get your next visa sorted, so they want to make sure you'll have enough funds to carry you through until then. If you can bring over some savings it'll only work in your favor, since it can be added into the household budget.

-as for the CV: it's just to prove that you have marketable skills, and being able to prove that you have employable traits once again works in your favor. I think it's okay if you currently don't work, the CV and other documents will just show that you *have* worked and gone to school, which like I said doesn't hurt any. But, again, I don't think it's a set-in-stone rule.

I saw those things listed on Global VIP services website as well. But from what I've heard on the forums, you should always defer to the UKBA or Worldbridge sites for lists of required documents; sometimes couriers don't always have the most up-to-date information, nor are they experts in immigration law. I'm sure Vicky or someone can clarify some of the other concerns you have, they're very experienced :)
Met fiance (online): 2001
Started dating: 12/2005
Met fiance: 09/2006; 06/2007
UK Trip: 03/2008; 10/2008
Engaged: 11/2008
Married: 05/27/2009
Spousal visa app: 06/02/2009
Biometrics: 06/26/2009
Consulate received app: 07/01/2009
Approved: 07/02/2009
Moving Date: 09/04/2009

*I'm not any sort of immigration expert; I just play one on the telly*


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Re: more fiance visa questions
« Reply #2 on: March 10, 2009, 02:35:38 AM »
I would be very surprised if you could apply for a fiance visa before your divorce is final, but I am sure someone will come along with the definite information when the folks in the UK wake.

Keep in mind that couriers often do not know what they are talking about - you do not need a ticket at the time of application and everything I have read says to NOT have this since you have no idea how long the application will take.

You do need your bank statements as well.  These should be originals (not print outs) or stamped copies obtained from the bank.

You do NOT need to include your CV, or any of the employment things they mention.

You also do NOT need letters from friends and family, but you DO need a letter of intent.  State in here the date which you would like them to date your visa.  I believe your fiance should write a letter of intent as well.
« Last Edit: March 10, 2009, 02:46:05 AM by mirrajay »


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Re: more fiance visa questions
« Reply #3 on: March 10, 2009, 02:49:50 AM »
You also do NOT need letters from friends and family, but you DO need a letter of intent.  State in here the date which you would like them to date your visa.  I believe your fiance should write a letter of intent as well.

I'd definitely include these things, along with the bank statements, and your divorce papers (I'm pretty sure it'll be hard to grant a visa without having the divorce finalized, but Vicky or Garry can elaborate on that I'm sure). I know for a spousal visa they need a letter from the sponsor detailing that they are aware of the application being made, and outlining what paperwork they included so that the ECO knows for sure that both parties are aware and consenting to the application.
Met fiance (online): 2001
Started dating: 12/2005
Met fiance: 09/2006; 06/2007
UK Trip: 03/2008; 10/2008
Engaged: 11/2008
Married: 05/27/2009
Spousal visa app: 06/02/2009
Biometrics: 06/26/2009
Consulate received app: 07/01/2009
Approved: 07/02/2009
Moving Date: 09/04/2009

*I'm not any sort of immigration expert; I just play one on the telly*


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Re: more fiance visa questions
« Reply #4 on: March 10, 2009, 03:10:54 AM »
I actually don't have any savings. :(
I'm selling as much of my stuff as I can to have $ to bring over, but the cost of the visa is going to take up any and all of the money I've saved... Me&my fiance always assumed as long as he could support us (which we've made our budget to show) we'd be fine. He doesn't make a lot of money (about 1,100 pounds a month plus monthly bonuses based on performance) but we can definitely manage on that-- our flat is only 450pound a month and we're in the lowest council tax bracket.
I'd read on the actual visa website that as long as you can show that your divorce has been filed and is in the process of being granted you CANNOT be refused a visa for that. Now I am panicking! For us to wait until end of April/mid may to be reunited would be torture!


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Re: more fiance visa questions
« Reply #5 on: March 10, 2009, 03:40:34 AM »
I actually don't have any savings. :(
I'm selling as much of my stuff as I can to have $ to bring over, but the cost of the visa is going to take up any and all of the money I've saved... Me&my fiance always assumed as long as he could support us (which we've made our budget to show) we'd be fine. He doesn't make a lot of money (about 1,100 pounds a month plus monthly bonuses based on performance) but we can definitely manage on that-- our flat is only 450pound a month and we're in the lowest council tax bracket.

In that case, I'd just include any bank statements you have anyway, even if you don't have any real savings, if only because they ask for it. It would be a pain in the bum if the visa process got delayed because they weren't included :(
Met fiance (online): 2001
Started dating: 12/2005
Met fiance: 09/2006; 06/2007
UK Trip: 03/2008; 10/2008
Engaged: 11/2008
Married: 05/27/2009
Spousal visa app: 06/02/2009
Biometrics: 06/26/2009
Consulate received app: 07/01/2009
Approved: 07/02/2009
Moving Date: 09/04/2009

*I'm not any sort of immigration expert; I just play one on the telly*


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Re: more fiance visa questions
« Reply #6 on: March 10, 2009, 03:49:06 AM »
Maybe this sounds stupid but is the only thing they care about money?
Does love, commitment... mean nothing?
I know we won't need to rely on any public funds, we're very frugal people and we're 100% determined to be together and support ourselves. It just seems like there are so many obstacles in the way! It shouldn't be this hard. :(


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Re: more fiance visa questions
« Reply #7 on: March 10, 2009, 04:01:51 AM »
I know it seems frustrating, and they don't really consider the emotions associated with the relationship :( Their job ultimately is to protect the borders of the United Kingdom, and in that sense they do have to care about the money, as much as it seems unfair. They need to be as certain as they can that there won't be any need to rely on public funds, and that you two will be able to support yourselves on your own. We just have to remind ourselves that the ECO doesn't know us, or our intentions, so they have to examine the applications with the idea in the back of their mind that someone might be abusing the system, until the paperwork proves otherwise.

It seems unfair for those of us who miss those that we love, I'm in the same boat :( But they're just doing their job, and abiding by the laws that are in place. Love and commitment don't mean much because their job is more tangible than that--they're responsible for making sure that the borders are as secure as they can be, and that only the people who genuinely want a visa for honest reasons get them.

It does suck, but it is what it is, all we can do is try to abide by the rules as best as we can, even when it seems that it's harsh :(
Met fiance (online): 2001
Started dating: 12/2005
Met fiance: 09/2006; 06/2007
UK Trip: 03/2008; 10/2008
Engaged: 11/2008
Married: 05/27/2009
Spousal visa app: 06/02/2009
Biometrics: 06/26/2009
Consulate received app: 07/01/2009
Approved: 07/02/2009
Moving Date: 09/04/2009

*I'm not any sort of immigration expert; I just play one on the telly*


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Re: more fiance visa questions
« Reply #8 on: March 10, 2009, 07:50:58 AM »
I didn't include my bank statements, because I had been living abroad, and didn't have an American bank account.  I did include my husband's statements. 

Don't include proof of flight reservation, that's nonsense, you don't need it.

I don't believe your CV or degrees would be considered, since you can't work on the fiance visa, they'll have no effect on your financial status for that visa. 

Don't know about the divorce thing, but I would imagine that this should be your biggest concern at the moment.
« Last Edit: March 10, 2009, 07:53:29 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: more fiance visa questions
« Reply #9 on: March 10, 2009, 08:03:10 AM »
"If the only reason for a couple not being free to marry/enter a civil partnership is that one of them is awaiting a divorce/dissolution of a civil partnership, entry clearance should not be refused for this reason alone (though ECOs would normally expect to see some evidence that divorce/dissolution proceedings are well under way). The reasoning behind this is that the divorce/dissolution may well come through within the six months leave to enter period, thereby enabling the couple to marry/register a civil partnership. ECOs should, however, be aware that divorce/dissolution proceedings may take longer than 6 months to resolve. The applicant may then apply for leave to remain as a spouse/civil partner. Should one of the partners still be waiting for a divorce/dissolution to come through at the end of the six-month period, they may apply to the Home Office for an extension of stay."

I got that off of this website: http://www.ukvisas.gov.uk/en/ecg/chapter13/ which is why I thought I was ok!!! Help. Is that not right??? My divorce will be final over a month before out wedding date and WELL within the 6 month visa.


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Re: more fiance visa questions
« Reply #10 on: March 10, 2009, 08:07:07 AM »
Sounds like you'll just need to show that your divorce is well under way.  My suggestion is to calm down a bit and wait until one of the experts comes online, they'll be able to tell you for sure what you need.  Until then, deep breaths, don't panic, you'll be fine   :) :D;D
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


Re: more fiance visa questions
« Reply #11 on: March 10, 2009, 08:36:54 AM »
Would you forward a copy of that email to me?  I'm gathering up examples of just how bad things have gotten with couriers in the US and yours looks like it might be appropriate to include.


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Re: more fiance visa questions
« Reply #12 on: March 10, 2009, 08:39:54 AM »
:( I don't want to bad mouth her.... tons of people on the forum said she was great and I still need to use her for my visa...


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Re: more fiance visa questions
« Reply #13 on: March 10, 2009, 09:01:06 AM »
Couriers are not supposed to advise on immigration law.  A lot of this list is nonsense, and if you actually want your documents assessed you should go to an OISC registered immigration consultant.

You can apply for a fiancee visa when you are still married, but you do need to show that the divorce will be finalised in time for you to get married within the six months.

Vicky


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Re: more fiance visa questions
« Reply #14 on: March 10, 2009, 09:03:46 AM »
It isn't that we want to bad mouth anyone.  Part of it is that people think expiditors are allowed to provide advice about visas.  In fact what they are doing would be illegal in the UK.  We are trying to work with UKBA so that they more formalise their relationships with expiditors.  Right now, the only "qualification" to be an expiditor is to put a sign on your door.  If they give you bad advice, there is absolutly no recourse you have if you followed that advice, no regulatory body you could report them to, nothing.

A lot of it, I suspect, is that the expiditors don't actually understand the rules, and it is generally out of a dersire to help applicants that the bad, incorrect, or missing information is done, but there have been cases where it is damaging, sometimes serious, to an applicants future ability to enter and live in the UK.

What ever you provide garry (or myself) would be in the strictest confidence.

Also, you are unlikely to be granted the Fiancée Visa until the divorce is finalised.  This is because one you have it you are considered "free to marry" in the UK.  Which you wouldn't be.  I would think that any ECO would simply refuse you.  Sorry...
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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