Visa arrangements for new US bride of UK citizen

This is probably a very basic question, but having misunderstood the Visa rules already & been referred to this site to seek advice, I would greatly value some input.

I have a 25 year old son marrying a US girl in October in the USA. They have had a relationship for a couple of years, and got engaged last year.

In my/our naivety he planned to get Wed on a Friday night in October & then fly back with his new bride to the UK next day, whereupon, from within the UK, she would apply to stay with a family member, namely her new husband. That is how we read the rules :-( They had in mind a couple of years in the UK, before heading back to the USA to build a life.

He earns about £35k pa, has his own home. She is a teacher in the USA earning about the same I think in USD.

Advice I am getting now is that she simply cannot apply from the UK but may face a couple of months estranged as a new bride. Needless to say that has come as a shock.

What IS the situation? Can those who have done this advise?

I am also now concerned about him flying into the USA for a 2 week holiday leading up to the wedding. If asked at the border the reason for entry does he say holiday, and if he says to get married, does that mean a visa application Stateside, or worse, the risk of refused entry. He has no plan to stay other than for the wedding.

There is a wedding machine rolling forward, and airline tickets bought ............ :-(

Help! (Thank you)

It is perfectly legal for your son to marry in the US on a ESTA visa.  No problems there.  He shouldn't lie if asked.

You are correct that she cannot return to the UK immediately after the wedding with him.  She will need to apply for her spouse visa from the US and wait until she receives it before travelling to the UK.  She can pay for priority processing to speed up the application, but it will likely still take about a month.  Just make sure they have all their paperwork ready when your son travels to the US and they can submit their application as soon as they have their marriage certificate.  They should not book any travel prior to her receiving her visa.

I'm surprised they haven't researched this.  Moving countries is not something that can be done without a lot of legal red tape.  Unless your son can take some extended time from work, they will be separated for a bit.  But it will be temporary and they will be able to start a life soon enough.

They may also want to look into the process for staying in the UK.  If they eventually want to settle in the US, why not do that now?  Immigration is TOUGH and I wouldn't recommend doing it for both countries.  Just pick the one you want to build a life in and start there.

Thank you for that. Most helpful.

The "Wedding" event is booked for October. He is visiting the USA in June to spend a week or so, and to assist with planning.

Someone has suggested they just get married in a low key legal ceremony (registry office) Get the paperwork done & visa application submitted as husband & wife. Then the White Wedding event may not be the actual legal process, but it will at least mean they can return together if the Visa is through by then?

Any pitfalls with that plan?

If they marry in June say, He would re enter the USA as a spouse in October. No problems with that are there? Provided he has a return ticket to the UK in June. He would only go for one week.

They def. want to settle here for two years. Then go to the USA.

Your reply has been most helpful.

Do you know exactly the link to the application they would need?

That would be fine.  She can submit the application up to 3 months in advance of her intended travel date, and if applying as a spouse, she must be married at the time of application submission.

I'm copying/pasting this from another recent post; it details the application process:

The application is made online:  
https://www.visa4uk.fco.gov.uk/

We highly suggest that you familiarize yourself with the entire process and documents needed before you submit your online application because once you do, you start a clock and only have a limited amount of time to finish the subsequent steps.  If you miss the deadline, you'll have to apply from the beginning again including paying a second time.  Only submit the online application once you are totally ready to go, know that you meet the requirements, and have everything required and ready to send.

The general process of applying is as follows:

1.  Gather all your supporting documents.  Do not submit the application until you have all your supporting documents in hand.  Once you submit your application, you schedule and attend a biometrics appointment.  Once you have attended your biometrics appointment, you only have 14 calender days to mail your visa application package to the UK (or 30 days from when you submitted the online application - whichever is sooner).  If you miss the deadline, you will need to submit a new application, including paying the fee again.  All your documents must be originals or certified copies.  If you want an original document returned, include a regular photocopy of that document with the original.

2.  Complete the application online.  At the end, you will pay the fee and can book a biometrics appointment (where you get your fingerprints and picture taken).  The biometrics appointment takes place at a USCIS center, and you can choose any one.  (the system will try and offer centers closest to you, but you can choose other ones if it suits you better - ex. a center closer to work)

3.  Once you have completed biometrics, mail in your application package including your supporting documents to the UK.  (disregard information to send the application package to the UK consulate in the US; this is outdated).  If you wish to have your application processed as priority, you purchase the service on the day you mail your package.  You may receive an email when your application is received (the system is a bit buggy; not everyone does so don't panic if you don't get an email).  

4.  Wait for a decision (probably the hardest part!).  Processing times can be highly variable depending on the volume of applications at the time.  The wait can be a few days, a few weeks, or possibly a few months.  Priority processing will ensure your application is reviewed quicker; however, there is no guarantee of how soon it will be done.  If there are a high volume of applications at the time, even with priority processing, the wait can still be a few weeks or more.  You can check out some of threads where people have been sharing their processing times to get an estimate of how long it's been taking recently.

5.  When a decision is made, you will get notified by email and your documents will be returned to you.  (the email won't say if the decision is yes or no, just that a decision has been reached... you'll get the actual decision in the package that's mailed back to you)  If approved, your passport will have a visa sticker attached inside.  Check the visa sticker carefully and ensure there are no errors.  If there are any errors, you may need to send your passport back so a corrected visa can be issued.  If not approved, you will receive a letter detailing the reasons why the visa was not approved.

6.  Once you have your approved and correct visa, you can book your flight to the UK.  Due to variable processing times and the potential for needing a visa error corrected, it is highly recommended to not book any flights until the visa is issued and inspected for accuracy.

Check out the following links for more info:

General Info:  
https://www.gov.uk/join-family-in-uk

Financial Requirement:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/337420/Annex_FM_1_7_Financial_Requirement.pdf

Example Application Form to use as a guide (do not use to apply; you must apply online):
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/274029/VAF4A.pdf

Appendix 2:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/270484/VAF4A-Appendix2.pdf

Appendix  FM-SE specified evidence
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/393496/20150108_Immigration_Rules_-_Appendix_FM_SE_final.pdf

Supporting Documents Government List:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/270197/sup-docs-settlement.pdf

It [processing time] is variable; I've seen people waiting a few days and at other times, people waiting a few months.  It's best to check out threads detailing people's recent experiences to get a feel of timelines.  If you want your visa application to be processed faster, you can purchase this service - it's optional and not buying it will not have any effect on your visa decision.  You should purchase the service on the day you send your application to Sheffield.

By using priority processing, you are having your application put ahead in the queue, so it will be processed ahead of applications without priority processing.  The processing times can vary depending on how many applications are pending decisions, so there is no guarantee of when a decision will be reached.  Historically, priority decisions have taken anywhere from several days to several weeks.  Sometimes there have been significant differences in processing times between priority and non-priority applications, and sometimes the processing times have been very similar between the two.  

Anyone can purchase the service; however, you should expect longer processing times (even with priority) if any of the following apply to your application:
 
- previous refused UK visa,
- previous refused leave to enter the UK,
- previously been removed or deported from the UK,
- overstayed a period of leave in the UK,
- been refused leave to remain in the UK, and/or
- have any unspent criminal convictions in any country.  

If one or more of these conditions apply to you, you are advised to not purchase priority processing, or to expect a decision to take longer than usual (even with the priority processing service).

Priority Processing:  
http://www.vfsglobal.co.uk/usa/user_pay_services.html

You can ask on the application what date you want the visa to be active, but usually, the visa is active from the day it's approved.  You can apply for the visa up to a maximum of 3 months before your intended travel date.

Wow!  Thank you so much for such a comprehensive reply.

I think the idea of them getting married in June is a great one if they are okay with that.  The wedding in October would simply be a "blessing" then.   

Thanks again for all the input. It has helped bring clarity & been so comforting.

June looks good as you say. I think it might just take the bride to be a few days to get her head around the change of plans. Which I completely understand & feel sadness for.

But the ultimate prize is a life together. Which I know is THE most important thing.

Thanks again.

Another option would be to apply for a fiancée visa to the UK, have the big white wedding (without actually getting married) in the US in October, and then immediately after ward enter the UK on her fiancée's visa and have a quiet registry office wedding in the UK.  It'd be a bit more expensive because of the extra visa but if the couple doesn't want to be separated immediately after their marriage and move it up by 4 months that could be worth considering.

As for the immigration, at best it's hard.  At worst it's lonely, depressing and isolating.  For the two years over here she'll have to apply for jobs and potentially face the challenges of not only not necessarily understanding the lingo, but also deal with employers who don't understand employment rules for non-EU citizens and overlook her.  Applying for her NIN can be a catch-22, job first or NIN first.  Employers want your NIN when you apply, but the body who issues them usually wants you to have a job first.  It's great!  Re-taking her driving test - her US license will only be valid for 1 year.  She can't drive after that on a US license because her insurance won't be valid.  Re-learning to drive was an incredible expense for us (I passed my 1st time though!).  Opening a bank account - don't even get me started, I cried in about 4 banks before I found 1 who let me open a joint account as a dependent of my DH.  Everything is different and the stupidest little things can rock you like nothing else when you don't have your normal support group on hand.  For us, the international move was expensive and the set-back from my career was irreversible because of my lack of transferable qualification.


What, may I ask, is the couple hoping to gain from 2 years here first?  It's not long enough to get her permanent residence and they'll have to go through it all over again if they move back to the UK again during their lives.  And for him when he moves to the US in 2 years.

It's long enough that the gap in her employment could pose a problem financially or for her career for moving back which may effect his immigration application then.  And emotionally, it's rough.  I've been here 9 years now and the thought of putting me / us through an international move again is still enough to reduce me to shaking.  You don't have to read too far on this board to realise that I'm not alone in this.

Don't get me wrong, I love it here!  But I wouldn't put myself or my relationship through that for a temporary move.  We thought we'd go back to the US when I first moved here.  That's been off the table for several years now.

Whatever they decide to do for their wedding, I wish them good luck!

You guys & the information you are providing are amazing. Thank you!

The reason for 2 years here? I think because they would like to visit Europe a good deal from a UK base before heading off over the pond to settle.

Perhaps too it is a gesture of kindness to us, as the parents who will eventually see their son move abroad, and it will give us the time to get to know our new daughter in law better.  Not bad reasons  :-)

Perhaps too it is a gesture of kindness to us, as the parents who will eventually see their son move abroad, and it will give us the time to get to know our new daughter in law better.  Not bad reasons  :-)

It sounds to me as if she is marrying into a very nice family!

I'm copying/pasting this from another recent post; it details the application process:

Step 2 will be paying the Immigration Health Surcharge now.

"You must make the payment before you submit or send your visa or immigration application"
https://www.gov.uk/healthcare-immigration-application/pay

Applying for her NIN can be a catch-22, job first or NIN first.  Employers want your NIN when you apply, but the body who issues them usually wants you to have a job first.  It's great!  

I have to say that applying for and getting my NINo last summer was super easy. I applied immediately after I received my first Further Leave to Remain. The only thing that was a bit of a pain was I had to go to an appointment at one of a specific list of Jobcentre Plus locations, the closest was about an hour away, because I was originally here on a Marriage Visa (for settlement).

What is a NIN? Presumably it stands for something, and appears to relate to getting permission to work? Any further info would be appreciated.

Clearly getting visa to join her husband in the UK does not allow her to work. There is another process we have to consider ....... ?

Doh ...... Just googled it. National Insurance number :-)

So, another process I need to look into ......

You don't need to worry about getting your future daughter-in-law a NIN just yet. The first step is to sort out the plans for the marriage and visa applications.