American vs. British Fiancee/Spousal visas

Hello!

I need help. Lots of help... I am at my breaking point with varied information and too many ideas of to do this, that or the other thing. Please bear with me while I explain.

My British fiancée proposed to me in July. We are very happy and excited. We immediately started to discuss our visa options. As most of you probably know, it is extremely easy to get a British fiancée visa. I could walk into NYC tomorrow and probably walk out with one. I'm not sure if any of you have gone thru the process of obtaining an American fiancée visa but its much more time-consuming and frustrating.

We decided after many chats that we would go the American fiancée visa route. Mainly because we want to settle over here for the time being but also my mom does not fly anymore {so if we got the British fiancée visa, the wedding would be held over there.}

We paid our money, made a photo-copied collage of photos taken over the past 2 years, wrote our intent statements, filled out the forms and followed everything to a T. We were really nervous about going this way because the gov't website said this fiancée process can take anywhere from 6-12 months. Anyway, it has been moving along quite smoothly. We received our 1st notice a week after we sent out package in. It said they received our packet and will now move onto the next step. After another 2 weeks, we received another form saying they have "accepted our case." Then we received another form barely 2 weeks later saying that our info was now being sent to the American Embassy in London. Andy's parents have already received the packet in England that he needs to fill out when he returns home {next Monday... I'm not even getting into that.  :\\\'(   } Once he fills out these forms, he will then receive an interview at the Embassy and will have to pay to take a medical exam at the Embassy {including a blood test to check for HIV/STD's, etc.} I'm not sure how soon after the visa will be issued.

We have the option of activating it 4 months after it is received. Then once it is activated at JFK, we have 3 months to have our wedding. {As a side note, how the hell does ANYONE plan a wedding while going thru this crap? If I was having the standard, "to do" wedding most New Yorkers have-- places must be booked over a year or two in advance along with any other vendor for the wedding.} Luckily, I'm not a Bridezilla. We both want a simple wedding but hell, we still need to book a restaurant, someone to marry us, maybe some light music? Let alone everyone traveling from over-seas who needs to make travel arrangements! You get the point. How does anyone do this with a three month notice?! This visa can be issued at any point. If we made any arrangements for the wedding and had to cancel, people would lose ALOT of money on plane tickets, deposits on the restaurant, etc... We are not rich and we do not have alot to our names when it comes to money.

Of course, the British way is much simpler and MUCH MORE HUMANE. {Sorry, I'm trying not to get on my political soap box right now....} As I mentioned before, I can go to the British Embassy here in NY, get my British fiancée visa and have SIX MONTHS to get married... They will even nicely POST-DATE my visa if I can prove I have a flight in a few months from now. Unreal. Talk about treating people like people.

If we decided to go the British fiancée visa route, we would obviously get married in England which I'm cool with. Obviously, barely any of my friends and family will be there but that's OK. I just need my Andy and I'm happy. We can always have a renewal of the vows here in NY. Anyway, that's all side notes... If we wanted to settle in America after the wedding, we could apply for the American spousal visa from England. It does not take any longer then 3 months, per the website. If we wanted to live in England awhile longer, we would apply for our adjustment of status {this is where it all gets shady to me...}

Is it stupid for us to give up the American fiancée visa route now and get a British fiancée visa?! I'm not sure how long we are in this American process...

Another point of all this is that Andy does not have much experience on his resume/CV. Once we are married, we plan to settle in NYC or San Francisco {my birth-place.} In those cities, there are many competitions for good, well-paying jobs. He has just graduated uni with a degree in tourism management 2 months ago. He has catering and shop experience on his resume/CV but its all basic, entry level stuff. I personally think that when he goes back home on Monday, he could find a decent, well paying job in the tourism industry. He could stick with it and get some experience on his resume/CV before moving here to compete for jobs in NYC or SF. If he were to do that, obviously I would be moving to England for awhile. And if I were to move there, I would want to stay the 2 years to get my citizenship {is that how it works?!} I can easily get a management job in England; I have the experience on my resume. I worked full time thru college and took off a few years during college to work as a stock/marketing manager in NYC. So for me to move anywhere and get a job is fine. It bothers me that Andy might not get a great job in NYC/SF because of his resume. {And don't get me wrong, he is extremely smart, intelligent and hard-working. I understand that alot of students there do not work hard-core while attending college. Its not his fault persay that he does not have alot on his resume.}

I guess we're trying to figure out if it would be best if we moved back to England now and stayed there for a few years for Andy to get his experience. Or is that all bullocks and he can do that here in NYC/SF. From what I see in NYC {since I've lived here almost all my life, no. Luck, yes. Reality, no.} We do not have a huge amount saved up between us. We both have student loans to pay {but no other debts, thankfully.} We want to have a family in a few years, buy a home...

Are your heads spinning by now?! Ours are. For the last three months Andy has been here on holiday, all we've been doing is making lists, charts, having pow wows over what we should do, what is best for us.
I'm sorry to throw this long, boring note on you but having unbiased opinions from people I never met before might help us a bit. Our parents and family have been very helpful with advice but as you know, opinions can get swerved either way with hearts, emotions and "We're older and know better, This is what you should do" kind of stuff!

If we were to get a BRITISH FIANCÉE VISA and got married in England, what happens AFTERWARDS. This is where I get confused. I've scoured all those damn websites and my head hurts. It says that it can take 13 weeks for a spousal visa to be issued. But I've read online here that people were getting it barely one month after they were married!

Once you are married, how long afterwards are you allowed to work? This is a biggie for us as I mentioned we do not have alot saved away to play around with one income and not two... With the American fiancée visa, once we are married we apply for an adjustment of status. This can take up to three months! We could apply for a form that allows him to temporarily work, but I've heard people say it sometimes takes as long as the spousal visa to come thru and its not worth it. Especially since you have to pay for both forms to be filed.

With the British fiancée visa-- do you only apply for the fiancée and then it automatically rolls over to the spousal? I'm sorry- it probably says all this in plain English somewhere but again, my head is spinning. And I know yours is too that is why I'm going to stop now.

I know people have gone thru this already so any help will be SOOOOOOOOOOOOO appreciated. Andy leaves this coming Monday; his 90 days is almost done. We need a plan. We've gone thru so many. Please help us.

*THANK YOU*     

Wow. I'd say go and get married in a civil ceremony right now and then get an appointment to process your visa application. You only pay once. Then you can have all the time you want to plan the big ceremony. Of course that's living in an ideal world, but I'm crazy, I'd do that! It's not like he came to the US with the intent to marry!

Thanks Jen. We are having a simple ceremony and a nice dinner with soem music. Everything will be low-key; not only because we are 'kind of' forced ot in our situation but because thats the style that we want for our wedding... It is just hard on us to decide which is the best route for us... British way or American way... the processes that involved in both roads... Grrrrrr! 

With the British fiancée visa-- do you only apply for the fiancée and then it automatically rolls over to the spousal? I'm sorry- it probably says all this in plain English somewhere but again, my head is spinning. And I know yours is too that is why I'm going to stop now.

After the fiance visa is issued, you come to the UK and get married.  On the next day, you can apply for your 2 year probationary spousal visa in person and get it issued the same day.  On the day after that, you can start working some place.

It's not automatic, but for most US/UK couples, it's largely mechanical.  Just get your ducks in a row with all the evidence and you'll be fine.

Thanks Garry. It is very reassuring to hear that. On the UK visa website, it said it could take up to 13 weeks for a spousal visa to come into effect.  I figured for the UK/US couples, it would be quicker but I didn't want to assume. I guess its the same with our current American fiancee visa. The website said anywhere from 6-12 months for the fiancee visa to be processed... but it has moved along alot quicker then that. Im unsure what will happen once Andy sends in his forms to the American Embassy in London. Curious how long it will take after that for the visa to be produced. Im learning alot of patience thru all of this.

Thanks again for your support. 

We also went the US fiance visa route and came out sane on the other end. 

My husband proposed to me in August 2001.  We both travelled extensivly with work, so he visited (lived) with me when ever we had off time.  We took 1 year to decide what country to live in.  At the time, we could have gotten married in MI went to Chicago and gotten a visa to live in the UK all in about a week.  But, liking to do things the hard way, we decided to live in the US. 

August 2002, we sent in his fiance visa application.  He didn't have a home at the time, so his home address was his office, and everything was sent c/o my parents.  (We were staying there when we were in the US.)  It was supposed to take 100 days for him to get his forms and his visa shortly after.  So I started to plan a March wedding.  100 days quickly turned into 200 days and due to schedule shifts at work, we moved the wedding to May. 

As a side note, I started planning the wedding in January.  We decided that if the vias didn't come through on time, we would have a "fake" wedding.  I'd have my dress and he'd have the tux, and we have the big dinner party after reguardless.  We just wouldn't get a marriage cirtificate.  Then when the visa came through, we go and get the cirtificate.  Luckly, it didn't come to this.

I believe he got his forms in January and he was contacted for an interview at the Embasy for the beginning of March.  He was unavailable for this and emailed them a 2 week time where he would be avavilable in April.  They rescheduled it with no problem.  We both went to London to get the visa and turned it into a bit of an early honneymoon.  He had his medical in the morning and had the visa in his passport by noon.

They may have changed it, but last year, you had upto 6 months to enter the US on the vias, and an additional 3 months to get married.  This is so you can get all of your affairs in order and plan a wedding.  

He came into the US on his fiance visa on April 24 and we were married on May 3.  We moved to Houston May 15.  (Busy month)  We filed his green card application, work permit, and advance parolle by the middle of June.  He had a work permit and SSN by the end of July.  The work permit needs to be renewed every year until you get the green card. 

He got the letter for the green card interview in June 2004 (3 weeks after we paid to renew his work permit  )  The interview was more of a fomality about getting all of the paperwork sorted out.  They wanted our latest tax return, a copy of our sons birth cirtificate, and a letter from his employer.  The conditional green card came in the mail 3 weeks later.

As for employment, my DH was an offshore medic on the oil rigs.  His qualifications didn't transfer to the US.  He found some volunteer ambulance stations to work with and eventually found a hospital that would recognize his qualifications.  He's now getting a nursing degree in the US. 

I hope these time line set you mind at ease a bit.  After mailing his packed, my dh had his initial date 6 weeks later.  Things move at a decent pace.  It's just alot of paperwork and money. 

Wow Beccaboo! Thanks very much for sharing your story. I didnt realize it would take awhile to get the interview-- for your husband, it was 3 months from when he got his papers? ... Andy has just received his papers a few weeks ago but can not process them until he returns home on Sept 27th. We are planning our wedding for Sat April 2 {Andys mom is a teacher and has off during this time.} I guess this time-line works for us {???}

Im assuming the rules have changed since last year. We have 4 months to 'activate' the fiancee visa and if we need an extension {I think up to another 4 months} we can get it if we can prove why we need it. Then you are allowed 90 days to get married after the visa is activated. Unfortunatly, we will probably end up spending time apart up until a few weeks before the wedding. We need the money and can't work in the others country right now.....

Thanks again for sharing. 

Unfortunatly, we will probably end up spending time apart up until a few weeks before the wedding. We need the money and can't work in the others country right now.....

I understand that.  We worked upto 3 weeks before the wedding.  Luckly, it only took about 30 days to get the work permit from the time we applied.  Unfortunatly, different INS service centers have different time lines.  We're in Houston, which has some of the longest waits.  I think New York and LA also have very long waits.  Their web site has estimated wait times for the different areas of the country.

Good luck with your wedding .

Hi Ny_2_UK...I think I used to read your blog, you seem awfully familiar.  2 April was/is our wedding date too.  We got married in 2001. 

Just to clarify a few things for you, many UK/US couples do start out in the UK with full intentions of returning to the US in a short amount of time and it does seem to work well that way.  A lot less waiting and hassle with visas and permits at a time when you really just want to focus on each other and your new life together.  And you will be amazed at how much insight into your partner living in "his" country will give you.  We went this route, and altho it wasn't without it's stress, it was definitely our preferred option.  We had planned on moving back to the US fairly quickly, but are now here for a good 10 years or so, we figure.  Life is funny that way sometimes, tho!

If you decide to start  your life here in the UK, you will have to be here at least three years after you arrive on a fiance visa before you apply for citizenship.  It then can take up to 8 months (currently) to process that...so you're looking at being here almost 4 years before moving back to the US, if that's what you want to do.  Don't forget that it can also take serveral months to get your British spouse a visa to go back to the US with you, and you'll probably need a sponsor in the US unless you have about £75,000 saved up somewhere.

The IND website which you refer to which states it takes 13 weeks for transfer the Finacee visa to the spousal one is probably about right for postal applications.  You can however go to the Home Office in Croydon in person and get it the same day.  Then you can work the very next day, as garry mentioned.  Your spousal visa (also called Further Leave to Remain or FLR) is good for 2 years, at which time you'll have to go back to the Home Office and apply for your Indefinite Leave to Remain, which is good forever as long as you don't leave the UK for too many days during any given year. 

Anyway, I can't really advise on whether or not you should persue the American visa or go for the UK one...there are many more things to consider in making such a decision than waiting times.  Moving to another country is very hard work.  You need to give some thought about what you are prepared to do and what you want from your life immediately after you are married and weigh all the pros and cons of each place.  Do lots of research and make the best decision you can based on your circumstances.

It isn't easy, all this pond-crossing....but trust me that as hard as the visa part of it seems right now, it's actually the easy part. 

Good luck with whatever you decide.

Hi Wishstar, thanks for your response.

My Andy returned home this past Monday... I cant believe we will have to spend 10 months apart. It is heart breaking. We will see each other over Cmas and Easter-- that's it.

We have finally booked our wedding date-- it is July 28, 2005. We are holding it at alovely resort on the ocean.

Anyway, we have decided to stick with our American fiancée visa. The process is moving along nicely. He will have the packet of info sent out in the upcoming week to the American Embassy in London and then he will be called into his interview.

I'm a bit disappointed that I am not going back to live in England now. I really enjoyed living there last year and would like to experience more. Maybe one day!?

I'm curious-- you wrote  "Don't forget that it can also take several months to get your British spouse a visa to go back to the US with you, and you'll probably need a sponsor in the US unless you have about £75,000 saved up somewhere." Were you referring to the current process we are in now-- for my Andy to come here, Ill need to prove I have at least £75,000 in savings?! Oh man, that's not happening!

Now, all I can look towards is the wedding... knowing that after that, no one can separate us again.

Thanks for your advice; I appreciate it. 

I'm a guy so this probably doesn't count, but I'd say small official ceremony and then have nice real ceremonies on both sides of the pond.  If that would make it easier that is.

I'm curious-- you wrote "Don't forget that it can also take several months to get your British spouse a visa to go back to the US with you, and you'll probably need a sponsor in the US unless you have about £75,000 saved up somewhere." Were you referring to the current process we are in now-- for my Andy to come here, Ill need to prove I have at least £75,000 in savings?! Oh man, that's not happening!

That's if you live in the UK and then decide to come over to the US.  The only income requirments for the Green Card after the fiancee visa is 125% of poverty leve.  Which I believe is around $19,000 a year.  The number changes every year so you'll have to check on that after you get married and start to file the green card paperwork.  And that is yearly income, not savings.

Hopfully that sets you mind at ease.

Hello. I was just pointed to this site. I am getting married in the UK next year and will be entering on a fiance visa. I don't know anything about the US fiance visa, but I have done quite a bit of research on the UK one.

A couple of things about the UK fiance visa:

Getting the fiance visa implies that you are planning to settle in the UK. You are required to get married in the UK within 6 months after getting the visa.  If you leave the UK to get married elsewhere, it will be seen as a violation of the terms of your visa.  It is really a bad idea to break rules when it comes to immigration stuff.  You then may have a problem re-entering the UK again. (Meaning that you will never be able to visit your fiance's family, if you have children they won't be able to see their grandparents, etc.).

You cannot work or have recourse to public funds in the UK while you are on a fiance visa.  You must prove that you can afford to live in the UK for 6 months without working.  Your fiance has to prove that he can support you on his salary (letter from employer, paystubs) or you or your fiance have to show that you have enough money in the bank for you to live off for 6 months, or you need to get a letter from someone promising to support you for 6 months and proof of their bank account.   I know of cases where fiance visas have been refused because the British consulate didn't think the person had enough money. (I've tried to ask how much money is needed; the answer is always "a reasonable" amount.)  You also need a letter (from a landlord, for example.) proving that you will have "reasonable accomodations." No four people sleeping in one bedroom. 

Thanks again for everyones thoughts; they are well appreciated!

Yuc--- Of course your opinion matters; doesnt matter if you're a dude or not! We were thinking of having 2 weddings but that is too much $ for us to handle. We are having one wedding; here in NY. We'veonly booked it last week and we are amazed at how many of our UK/Euro guests are already saying they are coming!

Thanks Becca; that eases my mind!

Thanks Peach; the British fiancee visa is so much simpler then the American one! Good luck withe your visa and congrats on your engagement!

 

Wow, it's so surreal to hear of other peeps going thru the same crap! My lovely chap is American and I'm a Brit, and we've been apart for almost a year now. (Well, since he left for Vegas last oct, he visited for 4 days in Feb, and 8 days in June!)

We are going through the UK Embassy in L.A and it is NOT fast and easy at all. They are inefficient with a GIANT 'I', lol!    When he went for his interview last week, they phoned him 12 hours prior to his bus-ride to L.A to told him that all our documents were in N.Y, and could he possibly bring copies of E.V.E.R.Y.T.H.I.N.G with him?!*   Errrr?   No! We have been dealing with L.A since the start (April?). Quite why the docs have ended up in N.Y is not our fault. Wouldn't it make more sense to simply fax everything through!  Apparently not, we were told, because the two embassies have great animosity with one another. Adults are just big kids .... with our lives in their hands! So an hour into the frenzy of me finding, scanning and emailing all the documents I could find to him, they call him calmly to tell him they ended up faxing them to L.A after all!  Well I should bloody hope so too! They have been like this all along. Head not knowing what the arm is doing, if you catch my meaning. Fobbing him off when he phones each week for an update.

As for the Interview? Since I am unable to work (I have been sickfor some years), and have to receive benefits, they would not provide him with his visa (fiance settlement) :\\\'(   because they think my benefits will stop once I marry, WHICH THEY WON'T! So we are waiting for a letter from the Disability people to send to the Embassy. WHAT a cuffufle this nonsense is, right folks?  But you know what? As I said to my Ryan, we will all appreciate so much more what we have waited for once we are finally together. It would have been all too easy to have the proposal, the wedding, the honeymoon and the happy married life like (most) everyone else. Oh, this waiting game leaves us all so much more ...... virtuous?  Well that's what they say right? Patience is a virtue?

Stay virtuous NY_2_UK! And good luck to you all, UK_US and vice-versa!