The call centre is notorious for giving incorrect advice and I’ve lost track of how many refused visas we’ve seen refused from people following their advice. They are NOT UKVI. They are a third party company that is paid to take calls.
I found my way to this forum 6 years ago after they told me I could not switch to a spouse visa from inside the UK, even though I was already living and working in the UK on a work visa. They were insistent and I was thoroughly confused. They were 100% wrong, of course and thankfully ksand set the record straight for me.
What’s the wedding date? Honestly, I would NOT attempt what you are planning but I *guess* there is a slight chance you’ll get away with it.
I don’t think a lawyer would help. But if you want advice, I’d speak with Victoria or Beth at Medivisas.
Editing to add: have you considered withdrawing your application and applying priority for a marriage visitor visa? Then applying for a spouse visa from the USA after the wedding? I think that would be your best bet...
There doesn't seem to be anything illegal or shady about our plan ... not sure why it would be a problem? I'm saying we're visiting family, that we applied for a spouse visa but the decision has been delayed, but we have had this wedding ceremony planned for ages on Aug 5 so really need to visit now. I have no intention of overstaying and if my application is rejected, I will leave within the allowed 6mo visit period and reapply accordingly from the US. Unless we get a spouse settlement visa approval, my visit is intended to be temporary to visit family. If there is no statute stating that people may not enter the UK while a spouse settlement visa is pending, don't know on what basis they can reject me at the border ... Unless a spouse settlement visa gets approved, I am intending a temporary visit.
- We're already married in the US, so why would be apply for a marriage visitor visa? It's just the ceremony part of our wedding - the party - we already have a marriage certificate from the US. It is an expensive ceremony however with about 100 guests set to attend. I sent the Home Office at least two paper letters with my phone number and email explaining the time-sensitive situation but they never responded. Emailed and called that call centre several times explaining another time-sensitive situation for an exam I had to take in England Jul 10. Fortunately managed to switch to NYC though the test provider originally only offered to let me get a partial refund and cancel my exam (which I wouldn't be able to take until the next exam date all the way in February 2019).
- Our flight leaves for France the day after tomorrow (France for our dogs, Eurotunnel). We've waited as long as we could to make it in time for the wedding - my bridesmaids are flying in from the US the day after we get into France/England, other relatives from other countries, my husband's friends from all over England and Europe are all coming in the following weekend for wedding ... like I said, we're already legally married - this is just the symbolic festivities part for UK family and friends.
The plan is just to show the documentation we have once at the UK border ... I have my newly acquired valid 2nd US passport along with an official letter stating that I was given the 2nd passport through an exemption, return flight to US booking confirmation three months out, paperwork regarding spouse visa application with proof of delay and proof of MP involvement in case all that becomes an issue, proof that I'm a lawyer and seeking to be a solicitor in the UK to support that I do not intend on violating any immigration laws since my license especially depends on not being charged with violating crimes - so I will not overstay the standard visitor period of 6mos should my spouse visa application be rejected and will follow procedure to reapply if necessary ... proof of all the bookings for the ceremony, booking for our honeymoon, etc ... just in case ...
Will report back whether it works or not ... if it does work, I feel really terrible for everyone else who thought cancellation was required in order to travel into the UK ... until I found out about 2nd passport exemptions, I thought I HAD to cancel my application to get my passport back in time to travel, since the usual law is that US citizens can only have 1 US passport. That was SO stressful and finding out about 2nd passports was such a relief. Also thought there was some statute saying that if you applied for a spouse settlement visa, you may not enter on a visitor visa, but ... I didn't find it, and visiting family/spouse is a perfectly legitimate reason to enter the UK on the 6mo standard visit ...