Holy Hell I Need Help! Nervous Breakdown in NYC! Settlement Visa

I'm confident on the financials as his job + pay stubs are straightforward.

I am concerned about the work issue (yay, a new issue! ugh).

VSF Global also suggested Laura Devine. I called them, they wanted $1000 just make an appointment.

I'm confident on the financials as his job + pay stubs are straightforward.

I am concerned about the work issue (yay, a new issue! ugh).

VSF Global also suggested Laura Devine. I called them, they wanted $1000 just make an appointment.

Unfortunately good lawyers aren't cheap.   

I have a call with lawyer in UK now, will post an update on the conversation.

I have a call with lawyer in UK now, will post an update on the conversation.

Be aware that not all lawyers are familiar with immigration rules. Even if they are, there are so many different paths and rule changes it can be hard to know everything and your case is not straightforward.

Go into the call with a few questions specific to your situation that you can 100% confirm the answer to on the UKVI website. Their answers will help you gauge if they know what they're talking about.

Good luck!

Great questions to ask:

Do you need a property inspection report?  The answer is NO.  If they say yes, run!  They will say you need one and get a kick back on the fee.

How do you post your items to Sheffield?  If they say they will have the documents returned to them, run!  For US applicants, Sheffield will only return documents to the USA.

How do they calculate processing times?  If they say from biometrics, run!  USA applications are calculated from “application received email”.

Also ask how long priority takes.  If they say 15 days, run!  15 day processing was abolished a few years ago.

Great questions to ask:

Do you need a property inspection report?  The answer is NO.  If they say yes, run!  They will say you need one and get a kick back on the fee.

How do you post your items to Sheffield?  If they say they will have the documents returned to them, run!  For US applicants, Sheffield will only return documents to the USA.

How do they calculate processing times?  If they say from biometrics, run!  USA applications are calculated from “application received email”.

Also ask how long priority takes.  If they say 15 days, run!  15 day processing was abolished a few years ago.

If you get that far, then perhaps also ask about their experience of 320(11) refusals. If they don't know what that is or are stalling to look it up.........

What you are trying to do is avoid any chance of a refusal under 320(11) there could be, but also don't use deception as that could come back to bite you later.
https://www.gov.uk/government/publications/frustrating-the-intentions-of-the-immigration-rules-rfl07-paragraph-32011/frustrating-the-intentions-of-the-immigration-rules-rfl07-paragraph-32011

Myself, my husband and lawyer had a 3 way Skype call.

I didn’t see the questions posted above before the call so I did not get to ask, but I will follow-up with an email.

He seems very helpful and genuine...I don’t get a sheister vibe from him. He is registered on the gov.uk website advisors’ page for advice level 3.

He believes I have a chance of returning to UK for a short time (one week-ish) on my 6 month visitor visa as I haven’t over stayed previously, I will have started my spouse application before leaving US, will buy a return flight to US, still have US employer, have receipts regarding impending dress fitting, will get a doctor letter regarding my father in law, and will have a client care letter from him stating my intentions. He said this should sufficiently show my reason for visiting and intention to return to US. He does acknowledge it is a risk but one that he said he would take himself in my situation (not his legal advice though, heh), and the worst that can happen is I am refused and have to endure a flight home.

If I am refused, since my spouse application will already be filed I will not need to report I was refused, and refusal on visitor visa does not affect spouse visa anyhow (it affects other visas).

I also have the option of applying for a visitor visa before I even try to get on a plane back to UK. He wanted to check one further point on that though and is getting back to me tomorrow.

Whether I attempt to go back to UK in the interim, the idea is to start my spouse application ASAP.

Okay, pick it apart so I can see what I’m missing  argh. So stressed. I’m literally sick now with a cold probably because my immune system is weak from stress.

You have 5 days to mail the application from submitting it from the USA and will be without your passport.

An entry into the UK after your application has been submitted will make the application null and void.  They will consider the application withdrawn and will withhold the application fee.

Honestly, no one, him included can tell you if you will be allowed entry.  You may sail through without a second glance.  Or you may be put on the first flight home after being detained in a holding area.

I suspect with the flags already on your record after the last entry, it'll be the second.  But again, I have no way of knowing.  No one does.

Welcome to UKY, though sorry to hear it is through these circumstances.  I hope you will be able to find a way forward with your lawyer.

As KFdancer mentioned, you must be in the US to submit your spouse visa application, and while the application is processing, you will not have your passport and entry to the UK (ex. second passport) while an application is in process voids the application. 

If you apply for your spouse visa right now, you won't be able to travel to the UK until it's sorted.  You'll almost certainly not be able to make the dress fitting, but *might* be able to make it back by September for your ceremony. 

If you hold off on applying to try and visit the UK first, you won't be able to apply until back in the US.  You could make your dress fitting *if* admitted as a visitor, but in return, you're allowing less time for your spouse visa application to be processed.  It might not make a difference, but something to keep in mind when considering your options.

Regardless, I think a top priority is to start double checking the requirements for the spouse visa and getting your documents together.  I know you said you submitted an application for FLR(M) while in the UK, but be sure you definitely have the documents you need.  Your supporting documentation might not have been examined thoroughly once the caseworker noticed you were in the UK as a visitor and already knew the application would have to be refused.

Outing myself as a total geek, I have friends who do cosplay and theatre and costuming.  When they are doing a costume for someone not local who cannot attend an in-person fitting, and measurements won't cut it, they do a duct tape dummy.  Essentially, you get a friend to mummify you in a few layers of duct tape so that it becomes semi-rigid and will preserve the outline of your form, and then cut you out in the back.  Tape the back up where you were cut out, fold the dummy, and mail it to the costumer.  The costumer can stuff the dummy or prop it up on a stand, and fit the costume around the dummy which will essentially be a shell of your form.  I know this is totally weird and left field, but thought I would throw it out there in case it's a potential avenue to explore.

I hope you can sort things out, sending best wishes!

That is actually such great advice regarding the duct tape dummy! I saw this somewhere. But don’t you need to wear like an old tshirt underneath to cut through. Not put the duct tape directly on your body?


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I know this is totally weird and left field

Actually, I think that's a really cool bit of niche knowledge. Geek away!

First of all, thanks to everyone who has weighed in so far to give me advice. I really do appreciate it.

Regarding traveling back to the UK after I submit my spouse visa here in US:

You have 5 days to mail the application from submitting it from the USA and will be without your passport.

An entry into the UK after your application has been submitted will make the application null and void.  They will consider the application withdrawn and will withhold the application fee.

You can pay VSF Global to keep your passport. It is the $1700 (ugh!) option "Settlement Premium Service Package."
See far right of chart here:
https://www.vfsglobal.co.uk/usa/applicationcentre.html
It is how FLgator traveled back to UK while her application was pending per her story on another thread.

Can you show me the law where it says traveling back to the UK makes your application void? Are you absolutely sure of that as FACT? I'm just wondering how you know that...I want to show my lawyer.

Thanks!

In your last entry to the UK they already flagged you as needing a spouse visa to re-enter. It’s already on your record so I don’t understand why you’re still thinking of trying to go back BEFORE you get your spouse visa.


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Hi, sorry to hear of the visa issues.  You might find this link helpful in regards to the premium service - sections 5.1 and 5.2 might be of importance.

https://www.gov.uk/government/publications/usa-apply-for-a-uk-visa/apply-for-a-uk-visa-in-the-usa#super-priority-and-premium-visa-services

Best of luck to you! Hopefully it’ll all work out well!

First of all, thanks to everyone who has weighed in so far to give me advice. I really do appreciate it.

Regarding traveling back to the UK after I submit my spouse visa here in US:

You can pay VSF Global to keep your passport. It is the $1700 (ugh!) option "Settlement Premium Service Package."
See far right of chart here:
https://www.vfsglobal.co.uk/usa/applicationcentre.html
It is how FLgator traveled back to UK while her application was pending per her story on another thread.

Can you show me the law where it says traveling back to the UK makes your application void? Are you absolutely sure of that as FACT? I'm just wondering how you know that...I want to show my lawyer.

Thanks!

There is a freedom of information request where we asked this exact question.  The response was that it invalidates your application and the fee will not be returned.