Visa dilema ILR vs IR-1

Hello, i have used this site previously and have always received great advice so i am back for more! We are in a slight dilema at the minute, my wifes 2 year conditional spouse visa expires August 3rd 2012, she arrived in the UK on the 2nd of June so it is my understanding that we can apply for the ILR anytime after the 2nd June 2012 is this correct?

To through a spanner in the works my wife (usc) has been offered a job in the USA which would pay more than both of our salaries in the uk, so it is an ideal opportuntity to move back as this has always been my wifes intention! But we dont get a thumbs up on the job until July as it all depends on funding etc, so we have filed the petition for me to go to the usa as the whole process takes 6 months plus!

So at the minute we are planning for two visas her uk visa ilr and my us visa just so we have all areas covered we do not want to spend any period of time apart, been there done that! (havent we all!).

If we do not renew her visa does this mean she has to leave the uk on or before the 3rd aug 2012? Or can she cease work and stay for 6 months as a visitor or does she need to leave then come back in?

Or if we apply for her visa i believe we can go and apply on the day with all the supporting docs, will the visa be granted the same day i.e. we wont have to handover her passport for a period of time?

Any advice would be greatly received !

thanks

Jamie

my wifes 2 year conditional spouse visa expires August 3rd 2012, she arrived in the UK on the 2nd of June so it is my understanding that we can apply for the ILR anytime after the 2nd June 2012 is this correct?

If she entered on that spouse visa & not a fiancee visa then she can apply on or after 5 May 2012 (28 days prior to her 2 year residence period).

If we do not renew her visa does this mean she has to leave the uk on or before the 3rd aug 2012?

She will have to leave before her visa expires.

Or can she cease work and stay for 6 months as a visitor or does she need to leave then come back in?

She can't just stay or she'll be an overstayer. She probably won't be allowed just leave and turn around & re enter as a visitor either, since she will not be able to prove she meets the visitor criteria.

if we apply for her visa i believe we can go and apply on the day with all the supporting docs, will the visa be granted the same day i.e. we wont have to handover her passport for a period of time?

An in person premium appointment at a PEO will get it processed the same day and you should have her passport back that day. There have been cases where they weren't able to insert the vignette the same day and the passport was returned a few days later.

If you haven't begun the visa process for the US I highly recommend getting her UK ILR - as you don't know how long the process will take - my husband got his IR1 in 2011 and from Petition to visa approval was 9 months. Not only did I have enough time to get my ILR by post I also received my British Citizenship as well while waiting for his to be processed.

how long does the ILR take by post? Roughly? Yes we have already started the us visa we have sent in the petition but have heard this could take up to 4-6 months to get an answer

how long does the ILR take by post? Roughly? Yes we have already started the us visa we have sent in the petition but have heard this could take up to 4-6 months to get an answer

ILR Application Processing Times

Currently it seems to be taking about 6 to 20 weeks.