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Topic: Applying for spouse visa  (Read 3062 times)

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Applying for spouse visa
« on: January 25, 2017, 08:17:59 AM »
Hello,  I am from the USA, currently in northern Ireland on a visitors visa with my boyfriend. We have been together on and off for 12 years. We are deciding now to get married and skip the fiancée visa to avoid the extra cost because we know we want to get married anyway. We met with an immigration lawyer last night who said we were  able to get married down south in the Republic of Ireland and then apply for the spouse visa at the UK embassy in Dublin for same-day response. I was under the impression that you had to go to your home country to apply. Are you allowed to apply from anywhere that does the U.K. processing out of the country or do you have to back home?


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Re: Applying for spouse visa
« Reply #1 on: January 25, 2017, 09:17:47 AM »
Run far far away from that attorney.

You'll need to research marrying in the Republic of Ireland and what their rules are for marrying on a visitors visa.

But you MUST apply from the US.  You can only apply from a country in which you have legal residence of, so unless you hold a visa that allows you to live in the Republic of Ireland, you cannot apply from there.

Is there a reason you are using a lawyer?  It's a very straightforward application.  We only recommend using an attorney if you have a serious criminal conviction or a previous overstay of a visa.


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Re: Applying for spouse visa
« Reply #2 on: January 25, 2017, 09:23:47 AM »
Is there a reason you are using a lawyer? 

And one that doesn't know what they're talking about.

Also, there is no 'on the day' appointment when it comes to a spouse visa. Only on FLR(M), which is the extension of your visa 2.5 years after your initial spouse visa has been accepted and living in the UK. There is a premium service, however. This will allow you to be put in front of the line when applying by post.
« Last Edit: January 25, 2017, 09:25:24 AM by Ben1989 »
Feb 2014 - Married
29/04/2014 - Spouse Application Approved
02/05/2014 - Visa Received
09/01/2017 - FLR(M) Granted
22/07/2019 - ILR Granted
05/05/2022 - Citizenship


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Re: Applying for spouse visa
« Reply #3 on: January 25, 2017, 09:26:24 AM »
And one that doesn't know what they're talking about.

Also, there is no 'on the day' appointment when it comes to a spouse visa. Only on FLR(M), which is the extension of your visa 2.5 years after your initial spouse visa has been accepted and living in the UK. There is a premium service, however. This will allow you to be put in front of the line when applying by post.

To be fair, we don't know the process in Ireland.  Other countries apply at the consulate and not through Sheffield, so it is possible they offer a same day processing for spouse visas.  Regardless, if marenleigh does not hold an Irish passport or visa, she cannot use that option.


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Re: Applying for spouse visa
« Reply #4 on: January 25, 2017, 09:31:51 AM »
To be fair, we don't know the process in Ireland.  Other countries apply at the consulate and not through Sheffield, so it is possible they offer a same day processing for spouse visas.  Regardless, if marenleigh does not hold an Irish passport or visa, she cannot use that option.

True. I made an assumption she was of American nationality only.
Feb 2014 - Married
29/04/2014 - Spouse Application Approved
02/05/2014 - Visa Received
09/01/2017 - FLR(M) Granted
22/07/2019 - ILR Granted
05/05/2022 - Citizenship


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Re: Applying for spouse visa
« Reply #5 on: January 25, 2017, 09:37:54 AM »
Thanks all! But to be clear-we have to marry in another country (even Ireland) and then I go home and he stays here and then I process the application from America?
Is anyone aware of the current wait times?

 I was using a lawyer because I have been researching things for a while and have gotten really stressed out so I thought it would reduce the stress by going to a lawyer.

 So you recommend just filling out the paperwork myself? My partner thinks that if I do it and we get rejected then I will be blaming myself but if we use an experienced lawyer then we would have a better shot.


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Re: Applying for spouse visa
« Reply #6 on: January 25, 2017, 09:44:03 AM »
Do it yourself, but use us.  Promise you won't get rejected.

You can either:

1.  Marry somewhere other than the UK, return to the US and apply for a spousal visa
2.  Return to the US, apply for a fiancé visa, return to the UK, marry, then change to a spouse visa.

A spouse visa allows you to work, study, volunteer, and use the NHS from Day 1 after you land in the UK.

On a fiancé visa you cannot work, study, volunteer, or use the NHS until you switch to the spouse visa.  You also have the cost of a second visa to apply for.

The choice is yours!

Does your fiancé make enough money to sponsor you (more than £18,600/year)?


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Re: Applying for spouse visa
« Reply #7 on: January 25, 2017, 09:46:13 AM »
And visa processing times are still slow from the Christmas rush.  Normally they've picked up by now, but not currently quick.

We currently have someone awaiting for their non-priority application on Week 11 of waiting.

And priority applications are on Week 2/3 of waiting. 

So I'd say it's currently 12ish weeks for non-priority and 3 weeks for priority.  I'd save the money by submitting the application yourself but paying for priority (an extra £450).


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Re: Applying for spouse visa
« Reply #8 on: January 25, 2017, 09:50:55 AM »
And if you do decide you want to use an attorney, please do NOT use the one you spoke with.  I have no confidence he would get your visa for you.  If you had followed his advice and applied from ROI, the visa would have been refused.   :-\\\\


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Re: Applying for spouse visa
« Reply #9 on: January 25, 2017, 09:53:51 AM »
It's all about being methodical, taking your time filling in the application and gathering the evidence.

A lawyer cannot offer more advice than what's on this forum. Unless, you have serious issues such as criminal convictions, overstaying a past visa etc etc
Feb 2014 - Married
29/04/2014 - Spouse Application Approved
02/05/2014 - Visa Received
09/01/2017 - FLR(M) Granted
22/07/2019 - ILR Granted
05/05/2022 - Citizenship


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Re: Applying for spouse visa
« Reply #10 on: January 25, 2017, 09:58:50 AM »
Thank you!!!
Yes, he does meet the income threshold but we are going to skip the fiancée visa because we have been together so long and planning to marry anyway  so fiancé is just double the money at this point.

We are just nervous to make sure that we are doing everything right because he had overstayed in America and we are pretty surehe cannot go back so if we mess this up, we are screwed!


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Re: Applying for spouse visa
« Reply #11 on: January 25, 2017, 10:04:20 AM »
I understand your worries.  It's natural to worry!

Is he banned from going to the US?  Is he able to travel on an ESTA?  If so, you could marry in the US very easily. 

If not, you'll need to research where you can marry easily (I've heard Denmark is pretty easy, otherwise you are probably looking at the Caribbean).  I suspect the requirements to marry in ROI are similar to the UK - which is very restrictive!   :P


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Re: Applying for spouse visa
« Reply #12 on: January 25, 2017, 10:05:30 AM »
The only fact I know about marrying in Ireland is that there has to be a minimum of 3 months notice  :-\\\\
Feb 2014 - Married
29/04/2014 - Spouse Application Approved
02/05/2014 - Visa Received
09/01/2017 - FLR(M) Granted
22/07/2019 - ILR Granted
05/05/2022 - Citizenship


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Re: Applying for spouse visa
« Reply #13 on: January 25, 2017, 10:26:04 AM »
Yes he comes up as not authorized to travel to US :(


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Re: Applying for spouse visa
« Reply #14 on: January 25, 2017, 10:47:00 AM »
Yes he comes up as not authorized to travel to US :(
I'm sorry to hear that.

Your next job should be looking into countries that will allow you to get married and looking into visas, marriage requirements. I know, as mentioned, Denmark is easy. I hear Gibraltar is supposed to be easy, also.
Feb 2014 - Married
29/04/2014 - Spouse Application Approved
02/05/2014 - Visa Received
09/01/2017 - FLR(M) Granted
22/07/2019 - ILR Granted
05/05/2022 - Citizenship


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