Sorry about your refusals DegsnDevs
.
My fiance and I do not know what is financially best and less time consuming way to approach things. Do we do an appeal. Should we have him come to America to get married first here then apply for a spouse visa after he goes back to England. How long do we need to wait to apply again. How long do the above methods generally take/cost?
I wouldn't bother with an appeal - they can take up to 1 year to be decided, and are unlikely to be successful unless UKVI made a mistake in refusing the visa (plus you can't add any extra documents.
You can reapply for the visas right away, as long as you have all the documents ready and have made sure you definitely meet all the requirements.
It's up to you if you marry in the US and then apply for the spousal visa (and kids visas), or if you try for the fiance visa again... just depends what's more financially viable for you.
Fiance visa
- £1,195 x 3 for the visas
- flights x 3 to move to the UK
- £1,311 x 3 for FLR(M) visas after the wedding
Spousal visa
- £1,795 x 3 for the visas
- flights x 2 for him to come to the US to marry and go back again
- flights x 3 for you to move to the UK
Ours was denied due to financials which is right crap because he made 27,607.81 on his yearly and we only needed 27,200 for financial qualification. however, they based his income on his paychecks from august 2015 to july 2016 and said he made 24,503.18 placing us below the needed bracket.
What financial category did you apply under? What kind of income does he have (employed, salaried, non-salaried, self-employed)?
You mentioned you applied in August, so yes, the only payslips they will look at are August 2015 to July 2016 for Category B (or January to July 2016 for Category A) - they base that calculation on the date you applied online.
You HAVE to show you made the minimum amount on the required payslips, which are either the preceeding 6 months or 12 months immediately prior to the online application date.
They denied us on human rights stating no exceptional cirumstances.
That's standard - they have to put that in there, but they can only exercise the human rights stuff if you are already living in the UK and are applying to extend the original visa.
also I have built a genuine relationship with his mom, dad, siblings and grandparents.
Your relationship with his family is irrelevant for the visa and cannot be considered.
The fact that the entry officer did not show any sympathy for that is just heartbreaking.
I'm really sorry for your loss
. Unfortunately, the visa is 'tick-box' and they aren't allowed to include personal feelings. You didn't meet the financial requirement, so they had no choice but to refuse the visa.
The entry officer stated that even though we show a family relationship there is no reason my fiance can not just go settle in America. I have no family here other than my 3 boys. I have gained a bond I treasure with his family and they adore my boys as their own. He is very close with his family too so for them to write he should just locate to me is absurd!
Again, this is standard wording. Unless he is legally banned from entering the US, or it's too dangerous for you to stay in the US (i.e. you live in a war-torn country or could be killed if you stayed), they will see no real reason why he can't move to the US instead.
I am at a loss and am begging for any information, advice, just anything. thank you in advanced everybody
Can you post the exact wording of your refusal?
Also if you can give details of his income and exactly how much he earns each month (and what was shown on each of his payslips) we can help work out when you could try to apply again.
