Author Topic: Washington (state) to Devon  (Read 652 times)

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Offline Thomas1990

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Washington (state) to Devon
« on: April 12, 2018, 03:12:20 PM »
Hi all, I am new to the forum :) I am a British citizen, my fiancee and I have known each other since 2007 when we were teenagers, we met through a mutual interest in fantasy novels, and became great friends. After meeting each other whilst she was here visiting her Aunt, we fell for each other, and have met in person quite a few times and chatted regularly every since, overall we get on really well and have wanted to get married for some time. My fiancee has family over here (her grandmother was English and moved to the USA in the 1960s), and she adores it over here, and loves to visit me in Devon.

We have decided we want to apply for a UK Fiance Visa, and now that my fiancee has finished college, and I finally earn over the financial threshold, we are hoping to apply around August time.

I have done many hours of research into the Fiance visa, and I feel I am fairly confident, although there are a few areas that I have some questions on, hopefully I can ask here. This seems like a friendly forum, and I am very excited for the future.

-Tom

Online KFdancer

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Re: Washington (state) to Devon
« Reply #1 on: April 12, 2018, 03:57:19 PM »
Welcome!

As always, we will attempt to convince you two to marry in the USA versus the UK.   ;D

It's a whole lot easier.  It's cheaper.  And your fiance would have the ability to work and use the NHS from Day 1 after landing in the UK.  Just food for thought.

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Re: Washington (state) to Devon
« Reply #2 on: April 12, 2018, 03:58:23 PM »
Hi Tom, welcome to the forum!

Unless there is an important reason for you marrying in the UK, it would be much cheaper and easier and all around less stressful to marry in the US (you can do it on an esta) and apply directly for a spouse visa!  :)
March 28th 2013-Moved to UK, husband on spouse visa.Oct 20th 2015-Applied by mail for FLR(M).Feb 1st 2016 FLR(M).March 7th 2018 ILR. YAY! March 21st NCS&JCAP appointment.

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Re: Washington (state) to Devon
« Reply #3 on: April 12, 2018, 03:59:34 PM »
As always, we will attempt to convince you two to marry in the USA versus the UK.   ;D

We do do that, don't we?!  ;D
March 28th 2013-Moved to UK, husband on spouse visa.Oct 20th 2015-Applied by mail for FLR(M).Feb 1st 2016 FLR(M).March 7th 2018 ILR. YAY! March 21st NCS&JCAP appointment.

Offline Rick Stephens

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Re: Washington (state) to Devon
« Reply #4 on: April 12, 2018, 04:03:38 PM »
We do do that, don't we?!  ;D
And verrrrry persuasively so! We did it, and it was the best of advice!


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Re: Washington (state) to Devon
« Reply #5 on: April 12, 2018, 04:17:40 PM »
We do do that, don't we?!  ;D

We really do.  You'd think we were secretly operating as event planners trying to stir up business! 

Offline jfkimberly

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Re: Washington (state) to Devon
« Reply #6 on: April 12, 2018, 04:27:34 PM »
We really do.  You'd think we were secretly operating as event planners trying to stir up business! 

Shh!  Don't spoil this for my family.  We're making a killing on all the extra US weddings!  ;)

No, but seriously... those of you who are better versed, is there any chance the fiancee could have claim to citizenship by descent?  What questions should we be asking to ascertain this?  Where and when the parent was born?  Is there any way to make this happen for these two?
9/1/2013 - "fiancée" (marriage) visa issued
4/6/2013 - married (certificate issued same-day)
5/6/2013 - FLR(M)#1 in person -- approved!
8/1/2016 - FLR(M)#2 by post -- approved!
8/5/2018 - ILR in person -- approved!

Online KFdancer

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Re: Washington (state) to Devon
« Reply #7 on: April 12, 2018, 04:39:38 PM »
Shh!  Don't spoil this for my family.  We're making a killing on all the extra US weddings!  ;)

No, but seriously... those of you who are better versed, is there any chance the fiancee could have claim to citizenship by descent?  What questions should we be asking to ascertain this?  Where and when the parent was born?  Is there any way to make this happen for these two?

It would need to be a parent that was born in the UK, not a grandparent.

Offline jfkimberly

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Re: Washington (state) to Devon
« Reply #8 on: April 12, 2018, 04:54:06 PM »
It would need to be a parent that was born in the UK, not a grandparent.

Well, that's too bad.  Glad I didn't get his hopes up.  I hope.
9/1/2013 - "fiancée" (marriage) visa issued
4/6/2013 - married (certificate issued same-day)
5/6/2013 - FLR(M)#1 in person -- approved!
8/1/2016 - FLR(M)#2 by post -- approved!
8/5/2018 - ILR in person -- approved!

Offline Thomas1990

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Re: Washington (state) to Devon
« Reply #9 on: April 12, 2018, 05:11:55 PM »
Wow, thanks for all the replies!!  ;D

I understand what you're saying that in most cases it is better to apply for the spouse visa after marrying in the US, however in our situation though we thought the Fiance visa might work out better because for a couple of reasons. My fiancee has a very small family (only really her and her mother- and her mother is thinking of moving here too at some point through an ancestry visa), so it would really only be 3 people tops who would want to attend the wedding from the US, and these people have expressed a lot of interest in visiting here anyway.

On the other hand I have a very large family here in the UK, and also my fiancee has family and close friends here in the UK, including people who can't fly due to age and health reasons. We have thought about both options, but we think marrying in the UK would ultimately be the better option for us.
 
jfkimberly- don't worry, we have looked into the ancestry visa before, but as KFdancer said, because it is a grandparent, unfortunately this doesn't seem to be an option, it's a shame though!

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Re: Washington (state) to Devon
« Reply #10 on: April 12, 2018, 05:15:34 PM »
Wow, thanks for all the replies!!  ;D

I understand what you're saying that in most cases it is better to apply for the spouse visa after marrying in the US, however in our situation though we thought the Fiance visa might work out better because for a couple of reasons. My fiancee has a very small family (only really her and her mother- and her mother is thinking of moving here too at some point through an ancestry visa), so it would really only be 3 people tops who would want to attend the wedding from the US, and these people have expressed a lot of interest in visiting here anyway.

On the other hand I have a very large family here in the UK, and also my fiancee has family and close friends here in the UK, including people who can't fly due to age and health reasons. We have thought about both options, but we think marrying in the UK would ultimately be the better option for us.
 
jfkimberly- don't worry, we have looked into the ancestry visa before, but as KFdancer said, because it is a grandparent, unfortunately this doesn't seem to be an option, it's a shame though!

Completely understand! You could still have the legal part in the US then a blessing in the UK, no-one would even have to know that the UK ceremony was not the real wedding... we've quite a few members who did it that way.. just another option.  :)
March 28th 2013-Moved to UK, husband on spouse visa.Oct 20th 2015-Applied by mail for FLR(M).Feb 1st 2016 FLR(M).March 7th 2018 ILR. YAY! March 21st NCS&JCAP appointment.

Offline ksand24

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Re: Washington (state) to Devon
« Reply #11 on: April 12, 2018, 05:25:46 PM »
Welcome to the forum :).

(only really her and her mother- and her mother is thinking of moving here too at some point through an ancestry visa)

If your fiancee's grandmother was born in the UK, and your fiancee's mother was born in the US, then your fiancee's mother is a UK citizen by descent and does not need a visa to live in the UK. She just needs to apply for a UK passport.
 
Quote
jfkimberly- don't worry, we have looked into the ancestry visa before, but as KFdancer said, because it is a grandparent, unfortunately this doesn't seem to be an option, it's a shame though!

Also, ancestry visas are only for Commonwealth citizens who have a grandparent born in the UK, so the only way your fiancee or her mother could qualify for an ancestry visa is if they have dual citizenship with a commonwealth country.
« Last Edit: April 12, 2018, 05:29:53 PM by ksand24 »

Offline Thomas1990

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Re: Washington (state) to Devon
« Reply #12 on: April 12, 2018, 05:36:48 PM »
Welcome to the forum :).

If your fiancee's grandmother was born in the UK, and your fiancee's mother was born in the US, then your fiancee's mother is a UK citizen by descent and does not need a visa to live in the UK. She just needs to apply for a UK passport.
 
Also, ancestry visas are only for Commonwealth citizens who have a grandparent born in the UK, so the only way your fiancee or her mother could qualify for an ancestry visa is if they have dual citizenship with a commonwealth country.

This is very good to know, thanks :) My fiancee's mother's not looking to do this for a few years, but she'll be happy to know this.

Offline ksand24

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Re: Washington (state) to Devon
« Reply #13 on: April 12, 2018, 05:53:39 PM »
This is very good to know, thanks :) My fiancee's mother's not looking to do this for a few years, but she'll be happy to know this.

No problem :).

Annoyingly, although your fiancee's mother is a UK citizen, because she was not born in the UK, she can't pass her UK citizenship down to your fiancee.

It works in the following way:
Grandmother = UK citizen otherwise than by descent (she was born in the UK) - she can pass her UK citizenship down to her daughter born abroad
Mother = UK citizen by descent (she was born outside the UK to a UK citizen otherwise than by descent) - she cannot pass her UK citizenship down to her daughter born abroad
Fiancee = not a UK citizen

If your fiancee's mother had been born in the UK, your fiancee would be a UK citizen, but because her mother was born in the US, she cannot pass her UK citizenship down to your fiancee (unless your fiancee herself was born in the UK).

Offline jfkimberly

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Re: Washington (state) to Devon
« Reply #14 on: April 12, 2018, 06:28:06 PM »
Well, at least there was some nenefit to bringing the subject up... fiancee's mother will be able to move over easily.  Yay!
9/1/2013 - "fiancée" (marriage) visa issued
4/6/2013 - married (certificate issued same-day)
5/6/2013 - FLR(M)#1 in person -- approved!
8/1/2016 - FLR(M)#2 by post -- approved!
8/5/2018 - ILR in person -- approved!