When to apply, which route and how long?

Hi all, I'm looking for help from all of you lovely experienced people! I live in the UK and my other half is hoping to join me here from MO. I'm looking for some help/advise about how/when to go about the visa process.

We have known each other since 2008 and last year decided to follow our hearts and give the whole long distance stuff a go. We feel we've wasted enough time apart and plan to get married and for him to move here and are hoping for that to happen by Christmas next year. I know it seems a long way off right now, but I'd like to start planning what we need to do and by when to do our best to make things happen.

My initial questions are:
1. If we get married in the US, do I need a finance visa for that or can we do it on a normal ESTA visa? I would only be there for a few weeks for that so I won't overstay any visa restrictions.
2. Can we apply for the UK spouse visa before we get married to move shortly after, or do we need to be married to apply?
3. If we can't apply until after we're legally married, can he be in the UK during the application process?
4. What is the best visa option? (We only really want to apply for the spouse visa so we don't have to do the process twice) Has anyone tried the in person/24hr spouse visa decision and is it easier to apply from the UK or US?
5. We meet most of the requirements but I'm keen to find out if anyone has applied without past passports and with a minor criminal record (a small misdemeanour with a $50 fine and zero jail time) and has any recommendations about how to go about these "issues"?

I look forward to hearing from you and starting this somewhat confusing journey!
Kim

My initial questions are:
1. If we get married in the US, do I need a finance visa for that or can we do it on a normal ESTA visa? I would only be there for a few weeks for that so I won't overstay any visa restrictions.
2. Can we apply for the UK spouse visa before we get married to move shortly after, or do we need to be married to apply?
3. If we can't apply until after we're legally married, can he be in the UK during the application process?
4. What is the best visa option? (We only really want to apply for the spouse visa so we don't have to do the process twice) Has anyone tried the in person/24hr spouse visa decision and is it easier to apply from the UK or US?
5. We meet most of the requirements but I'm keen to find out if anyone has applied without past passports and with a minor criminal record (a small misdemeanour with a $50 fine and zero jail time) and has any recommendations about how to go about these "issues"?

I look forward to hearing from you and starting this somewhat confusing journey!
Kim

I'll answer what I can for you.

1. Normal esta
2. Can't apply until you're legally married
3.  He cannot enter the UK once he applies until he's approved and has his visa in hand
4. Spouse visa is easiest (my husband and j did all these  ) You cannot apply from inside the UK and there aren't in person appointments for that visa

I don't know the answer to 5 but I'm sure someone else here will know. 

Hi all, I'm looking for help from all of you lovely experienced people! I live in the UK and my other half is hoping to join me here from MO. I'm looking for some help/advise about how/when to go about the visa process.

We have known each other since 2008 and last year decided to follow our hearts and give the whole long distance stuff a go. We feel we've wasted enough time apart and plan to get married and for him to move here and are hoping for that to happen by Christmas next year. I know it seems a long way off right now, but I'd like to start planning what we need to do and by when to do our best to make things happen.

My initial questions are:
1. If we get married in the US, do I need a finance visa for that or can we do it on a normal ESTA visa? I would only be there for a few weeks for that so I won't overstay any visa restrictions.
2. Can we apply for the UK spouse visa before we get married to move shortly after, or do we need to be married to apply?
3. If we can't apply until after we're legally married, can he be in the UK during the application process?
4. What is the best visa option? (We only really want to apply for the spouse visa so we don't have to do the process twice) Has anyone tried the in person/24hr spouse visa decision and is it easier to apply from the UK or US?
5. We meet most of the requirements but I'm keen to find out if anyone has applied without past passports and with a minor criminal record (a small misdemeanour with a $50 fine and zero jail time) and has any recommendations about how to go about these "issues"?

I look forward to hearing from you and starting this somewhat confusing journey!
Kim

1- No visa required, you can marry on the ESTA.

2-You need to be married first but you can apply as you have your marriage certificate.

3- No.

4-Spouse visa with priority processing would be best. There is no 24 hour option for the spouse visa.

5-Shouldn't be a problem. It would need explained though.

1- No visa required, you can marry on the ESTA.

2-You need to be married first but you can apply as you have your marriage certificate.

3- No.

4-Spouse visa with priority processing would be best. There is no 24 hour option for the spouse visa.

5-Shouldn't be a problem. It would need explained though.

Ha! @larrabee, we were typing at the same time 

Ha! @larrabee, we were typing at the same time 

 

Thank you all soo much for your help so far!

So if we need to apply from the US, would I need to get all of my sponsor paperwork to him to send everything together? If so, we could do this just after the wedding while I'm there and get it all sent off together I assume?

Am I able to be in the US while his visa is pending or would I need to leave as soon as we send the paperwork off?

So glad I found this forum and am starting the planning early!

Thank you all soo much for your help so far!

So if we need to apply from the US, would I need to get all of my sponsor paperwork to him to send everything together? If so, we could do this just after the wedding while I'm there and get it all sent off together I assume?

Am I able to be in the US while his visa is pending or would I need to leave as soon as we send the paperwork off?

So glad I found this forum and am starting the planning early!

You can be wherever you want to be during the application. The only thing is that you must be in the UK or travelling with him when he first arrives on his visa.

It makes sense to bring the paperwork over with you, yes. It does have to all be sent (or uploaded, they are changing things up at the moment) together.

Welcome, Kim .

In regards to your questions:

1. You can marry on the normal ESTA visa. A fiance visa is only needed if you intend to live with him permanently  in the US after the wedding. It even says on the US Embassy website that if you will continue to live outside the US after the wedding you should marry on the ESTA:
https://uk.usembassy.gov/visas/fiancee-2/

2. You'll need to be married first, as you must meet all the requirements for the visa on the day you submit the online visa application... and one of the requirements is that you are married .

3. He cannot switch from a visitor visa to any other kind of visa from inside the UK, so he will need to be in the US to apply.

4. The best, easiest and cheapest option is to marry in the US and then apply for a spousal visa from the US for him to move to the UK.

5. Not having past passports is not an issue. If he has previously held any passports, he just needs to give as much info about them as he can, and explain that they have been lost/stolen. A minor criminal record is not usually an issue... If it only resulted in a fine, then as long as it happened more than 12 months ago, it will not affect the visa. It should be declared on the application form, and he'll need to include any paperwork he has from it (like court records/police records), but it shouldn't affect the visa decision.