Getting married on Visa waiver

Hello All
My name is Jennifer. I am confused much as evry other person seems to be. It is amazing what crap they put u through to obtain these visa's.

So what I have gathered from HOURS AND HOURS of reading here along with my fiance who is currently in scotland. Is it will be easier for me and him to get married in the US. Under his waiver visa then apply for spousal visa. Is this true? This is now what were planning to do. But thing is are budget is pretty tight does it cost as much money as fiance visa I think I saw somewhere that it did 494$  So What I want to know is will this be the easiest way to go about it? He is currently out of work in the UK but has lived there all his life in scotland and getting a job shouldnt be a problem.

I am going through a divorce and have to kids so evrything is a bit complicated for me.  So with all this going on what documentation would I need to apply for it over fast track. email or in person in person will be harder as it is states away for me. So If u can tell me all documentation I will need. Proof of evrything ect. With evrything going on.

Also which way to apply would be helpful. Maybe if it would be easier if he had a job as well?? He has had plenty of work experience so I it will be easy for him to get a job he was staying with me 3 months planning to live here but things fell through so now he had to go back and get a job which hasnt gotten yet.
So I am wondering if he is getting governtment money and on jobseekers if it would put a damper on the visa plans.

We plan to live in the UK a few years so we can do r education there and I also already have a custody plan in place for my children. But were not permanently staying there. So if u can help on these issues they would be most appriciated and hopfully will restore some faith that I have just about lost of this whole confusing and endless battle. 
Thank u all for listening 
 

My English husband and I married in Sept, on his visit to the States.  We then flew up to the Embassy in New York and presented all of our proof.  A job I think is necessary, as well as proof of funds when you all settle in the UK. i received my visa as well as the childrens visa within an hour of completing the process.  If your children are coming as well, then the will also need visas.  You can mail it all in, that way you save the travel costs to the Embassy itself.  Just make sure you have all the required proof and documents.   This website has many details, that are very helpful.  Good luck to you!!

Many people find it easiest to get married in the US and then apply for a spousal visa.  The quickest way to do this is to go in person to the Consulate (not the Embassy) with all your documentation required and get the visa in a day or so.  You'll  need several things for your application, all of which are listed on the Home Office website.  Your circumstances will dictate what documentation you  need...so you'll need a divorce decree, etc. 

As far as fees go, there isn't a cheap way to do this.  THe fees for the fiance visa and the spousal visa are about the same.  However, I think when you apply and pay your fees for the fiance visa, you have to pay another fee when you get married and have to go for your FLR (Further Leave to Remain) visa.  It really depends on your circumstances which of these options is best for you. 

If your children are going to the UK with you, you will need to pay visa fees for each of them as well, don't forget! 

As Maddierose said, your fiance will need a job.  They'll want at least three months of bank statements showing you won't need to rely on public funds to support yourselves.   

As far as the Home Office is concerned, you'll need to say you are permanently settling in the UK.  Saying it is only temporary won't do anything for your application.

Hope that helps a bit.  I know it's confusing and seems a bit hard but visas are actually very straightforward.  Give them the evidence they require and you won't have any trouble.  Just take it step by step. 

It's perfectly legal for your guy to head over to the US to marry you (as he has no intention of settling there after the marriage).  Once you're married, you can go to the British consulate in LA, Chicago, or NYC (depending on where you live) to apply for your spousal visa.

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You'll need:

Form VAF2

2 passport photos of you

passport photos of your children

a letter from your children's father stating he's okay with them moving to the UK (or papers showing you have sole custody of them)

your passport

your husband's passport

your children's passports

copy of your husbands mortgage or lease agreement (or a letter from whomever you'll be staying with giving you permission to live there)

copies of bank statements (usually 6 months' worth is fine--you'll BOTH need to produce bank statements)

a letter from your husband's employer stating his position, dates of employment, salary, and whether or not the job is permanent

your marriage certificate

proof of your previous divorce

letter from your husband in support of your application (unless he goes with you in person)

evidence of your relationship (emails, cards, letters, photos, phone bills, etc.)--they usually don't even ask to see this, but it's good to have on you anyway!

the fee

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Whether you apply in person, by post or whatever is really up to you.  Just depends on how long you want to wait.  We applied in person and had my visa in a few hours.  The people who have applied by post seem to be waiting anywhere from 2 to 4 weeks for approval.  Also, please note that you need an appointment at the NYC consulate, if you choose to apply there in person--you can make the appointment online about two weeks before your chosen date.

They're basically looking to see that your husband can provide an appropriate place to live (i.e., not 2 bedrooms for the two of you and five children) and that he can financially support you and the children until you're working.  Since he doesn't have a job at the moment, I'd suggest he gets one ASAP (unless he has substantial savings).  It might also help if you can get a letter from someone (your parents, his parents, etc.) saying they'll help you out financially.

Hope this helps!  Good luck!

Can I also suggest - to head off the problem that one of our members is having right now - that you get some sort of legal document from your children's father stating that he agrees to renewal of their passports in the future?

You wouldn't believe it, but we have one dear member here whose ex is actually refusing to consent to his sons' passports being renewed.  And as they are in the UK and he is in the US, he is effectively making it impossible to see his own children.  Some people can be complete idiots.

So please see if you can work that into something legal some how.

Just to put the fees into a bit of perspective (not sure of the exact costs for each step, but you should be able to find out easily enough):

If you get married in the US, then move to the UK, you must pay for:
- His round-trip flight
- A one way flight for you & your children
- The cost of the an application for Leave to Enter for you and your children (not sure if there is a separate fee for each person, someone else should be able to tell you) - $494
- Any wedding fees

If you get married in the UK, you must pay for:
- Fiance visa covering you & your children (again, not sure if cost is per person) -$494
-A one way flight for you & your children
-Wedding fees
- The cost of an application for Leave to Remain for you and your children (currently about £155 if applied for by post, £255 if applied for in person)

Hi everyone!  I'm the "better half" of LadyJ 

Thank you all for your prompt reply's.  Unfortunately my move which we planned to do in Colorado USA last month didn't quite work out for us as we planned as we were nieve about all this Visa law's.

I quit a job to move to the USA, since coming back it's been harder than what I thought about getting a new job as I live in a small town it's a little harder than usual.

Having spent all my savings on two trips to the US this year and supporting my Fiancee when she came to Scotland also this year my funds are non existent    So applying for jobs near enough everyday.

I have a few questions:

1) Assuming we get married in the US what right's does this give me without applying for a Spousal Visa first?

2) If we are given a Spousal Visa does this allow me to come and go between the UK and the US also including my Fiancee and her kids?

3) If I had to stay in the US for a while after I was married would I be able to work in the US with or without the Spousal Visa?

4) I'm assuming if we want to live in the UK for a few years we would apply for the British Spousal Visa at the Brtish Embassy in Los Angeles (This is the closest to her) and if we wanted to live in the US then I would need to apply for the US Spousal Visa?

5) Let's assume we are married (in the US) and a Spousal Visa is awarded.  We move to the UK, does this allow Jennifer to work as she pleases in the UK?  When or would she be given her UK National Insurance Number?  Would she be entitled to the British Public Funds if we had too?

I have so many questions I am sorry but I hope you can help answer them all if not some.

Much appreciated.
Jamie

 

1) Assuming we get married in the US what right's does this give me without applying for a Spousal Visa first?

Not sure what you mean?  You wouldn't have any "rights," per se.  If you get married in the US with the intent to move back to the UK, that's it.  If you get married in the US with the intent to settle in the US, you need to jump through the proper US Immigration hoops.

2) If we are given a Spousal Visa does this allow me to come and go between the UK and the US also including my Fiancee and her kids?

The UK spousal visa is a settlement visa for the purposes of settling in the UK.  She would need to get visas for each of her children as well as herself.  You can travel between the countries, but this only allows her to legally settle in the UK - you would still be bound by 90 days limits in the US and NOT being able to work/settle there.

3) If I had to stay in the US for a while after I was married would I be able to work in the US with or without the Spousal Visa?

If we're still talking about the UK spousal visa, like I said before, that gives you no "rights" whatsoever.  YOU CANNOT WORK IN THE US without the proper US immigration paperwork, regardless of being married to a US citizen.

4) I'm assuming if we want to live in the UK for a few years we would apply for the British Spousal Visa at the Brtish Embassy in Los Angeles (This is the closest to her) and if we wanted to live in the US then I would need to apply for the US Spousal Visa?

The simple answer would be yes.  The difficult answer is that you really need to apply for the US version of the fiancee visa (K-1?) BEFORE going to the US to get married if you plan on settling there.

5) Let's assume we are married (in the US) and a Spousal Visa is awarded.  We move to the UK, does this allow Jennifer to work as she pleases in the UK?  When or would she be given her UK National Insurance Number?  Would she be entitled to the British Public Funds if we had too?

Your wife would be able to legally work in the UK upon entry with a spouse visa.  She would interview for her NI number (see the Jobs section of the forum).  She would NOT be entitled to public funds.  She IS entitled to NHS services, however.

I hope that clears some of it up.

Thank you so so so much Peedal much appreciated for your prompt response 

If she got the Spousal and lived in the UK with me for let's say 2 yrs and we wanted to move back to the US is that then the same thing but the other way around I would need to apply for a K1?  Or does her having a UK Spousal Visa make thing's diffrent if we decided to move to the US?

I gather if I aint got a job or savings it aint worth applying?  What about if my Parents and her Parents agree to bail us out if need be

I'm sure I'll be repeating the wonderful Peedal...but for what it's worth:

1) Assuming we get married in the US what right's does this give me without applying for a Spousal Visa first?

You can't apply for a spousal visa even if you are married in the US.  If you get married in the US on a visa waiver, you will need to come back to the UK and apply for a settlement visa (see the repat board for more on that process)  Basically, you'll be separated until the visa is approved because you won't be allowed to even visit the US while it is being processed.  She will have to prove she can support you, etc.

2) If we are given a Spousal Visa does this allow me to come and go between the UK and the US also including my Fiancee and her kids?

I think you may be slightly confused about what a spousal visa is.  The spousal visa allows your American spouse (it is her visa...not "yours" combined) enter and settle in the UK with you.  She and her dependents can come and go as she pleases as long as she doesn't exceed the amount of time allowed her to be out of the country.  It doesn't give you any additional rights in the US at all.  

3) If I had to stay in the US for a while after I was married would I be able to work in the US with or without the Spousal Visa?  

Nope. No way, no how.  Not legally anyway.  Again, the spousal visa doesn't give you any additional rights than you already have in the US as a foreign visitor.

4) I'm assuming if we want to live in the UK for a few years we would apply for the British Spousal Visa at the Brtish Embassy in Los Angeles (This is the closest to her) and if we wanted to live in the US then I would need to apply for the US Spousal Visa?

Again, it's the consulate you need to get a visa from for her to come to the US, not an Embassy.  But the LA one is likely where you'll need to go.  If you want to live in the US after you are married, you will need to go through US immigration *before* you go to the US, unless you want to get married and then be apart while you wait for the visa to go through.  

It's very simple.  If you want to live in the US, YOU have to get a settlement visa.  (Check out the repat board for advise on this process.)

If she wants to join you in the UK and live here, SHE has to get a spousal visa.

Getting her to the UK so you can live together is a much easier, quicker process, which is why most people do it this way rather than for the UK person to go to the US.

5) Let's assume we are married (in the US) and a Spousal Visa is awarded.  We move to the UK, does this allow Jennifer to work as she pleases in the UK?  When or would she be given her UK National Insurance Number?  Would she be entitled to the British Public Funds if we had too?  

If you get married and Jennifer gets a spousal visa and you come to the UK, she will be able to work immediately.  She'll need to apply for her NI number when she starts looking for work and will need to go for an interview for this.  (There is some discrepency with the Benefits Agency on this one....some people have found they won't give NI numbers until you have a job, but the official policy is that you need only to be looking for a job.)

She would *NOT* be entitled to public funds.

It is all very confusing when you start down this path but keep reading and finding out as much as you can.  It will be fine if you just take your time and go by the rules....no matter what country you decide to start out in.

 

Thank you WishStar!  Much clarified between yourself and Peedal.

I think we posted just before each other, my last post's questions are still "outstanding" (So to speak  lol) So just so no one misses it I will quote it here, I hope that doesn't sound "Cheeky"

Thank you so so so much Peedal much appreciated for your prompt response 

If she got the Spousal and lived in the UK with me for let's say 2 yrs and we wanted to move back to the US is that then the same thing but the other way around I would need to apply for a K1? Or does her having a UK Spousal Visa make thing's diffrent if we decided to move to the US?

I gather if I aint got a job or savings it aint worth applying?  What about if my Parents and her Parents agree to bail us out if need be

Re her having Public funds it was something I was pretty sure of she wouldn't get but just wanted to clarify.

If she got the Spousal and lived in the UK with me for let's say 2 yrs and we wanted to move back to the US is that then the same thing but the other way around I would need to apply for a K1?  Or does her having a UK Spousal Visa make thing's diffrent if we decided to move to the US?

Her having a UK visa is absolutely meaningless when it comes to US Immigration.  The only difference it makes is that you can be together here in the UK while waiting for the visa to be processed.  However, it can be difficult to get back to the US because you either need to have a lot in savings (last time I looked it was about $75k) or have someone in the US who is willing to sponsor your application.

I gather if I aint got a job or savings it aint worth applying?  What about if my Parents and her Parents agree to bail us out if need be

The only thing immigration control is worried about in either country is that you aren't a drain on public funds.  If you can show that you can support her, or she can show she can support you, it won't matter if you don't have a lot in savings.  Letters of support from parents can be helpful if they say you will be allowed to live with them, etc.  But your parents can't really say they'll help you in your application to go to the US.  The letters of support will need to be from someone in the country the foreigner is trying to enter for them to be of any use.

Thank you once again WishStar!  I want to employ you as my Personal Law Assistant 

Main thing to get done is a job here in the UK.  You shadow doubt over me WishStar regarding me moving to the US.  We only plan to live in the UK for a few years as WE want to go to College.  Once we are finished with that we want to move to the US.  So it appears we would need to go through this nightmare all over again  :\\\'(

I note you said she has no right to public funding I'm assuming you also mean she wont get the free education for college?

Another thing we are curious about is for Jennifer to have a UK student visa, do you think this would be easier?

My goodness, you're just full of questions, Jamie. 

Luckily, they aren't too hard!

Yes you'll have to go through all of this an more if you decide to go back to the US after a few years.  It's worse the other way, trust me. 

No she won't get any free education....in fact, because she won't have offical residency for three years, she'll actually have to pay international fees, which are sometimes about 3 times as much as regular fees.  It's really expensive.  But if she has the money an can come over on a student visa, that may be an option for you.  She'll need to be accepted by a school, and will need to show she can support herself while she's here.  She'll only be able to work a maximum of 20 hours per week on this visa though.

Okay - proposed scenario Jamie:

You go to US and get married and your wife applies for settlement visas at appropriate consulate for her and her children.

She moves to the UK.  Her settlement visa will be good for 2 years, after which time (1 month before it expires, actually) she - and the kids - will apply for Indefinite Leave.  At that point, you can (relatively!) easily apply to move back to the US through the DCF procedure.  If you're feeling like a glutton for punishment, check out the threads in the Repatriation section.  They'll make it all clear as mud! 

As for the student bit, read this thread - focusing on Anne's post:  http://talk.uk-yankee.com/index.php?topic=3523.0