Spouse/Fiance Visa process and timings

Hello,

I am an American currently living in the UK on a tier 4 student visa.
It ends this month and I reserved a flight with my partner to Venice for cheap
so I could re-enter the UK on a visitor visa (valid for 6 mo).

I have been living in the UK with my partner full-time for over a year now.
We have been dating for over 2 years and have known each other for over 3 years.
We are now engaged and looking to apply for a fiance visa so we can get married in the UK and then extend it to a marriage visa
(we chose to stay in the UK because my partner has a steady job with the UK government and I wish to study for my phd in the UK).

I have been googling for 2 days now the process of a fiance visa and I am still confused and have the following questions:

1. Can anyone link me to a up-to-date, easy to follow guide on the entire process and timing (approximate) of applying for a fiance visa? From the online application, to the service center appointment, to posting the documents to receiving my passport again. I am mostly confused on where you send documents to. Do you upload them online, send them to New York, and send them to Sheffield? So three copies of everything?
I would like to know for flight-planning reasons.

2. Would it be possible for me to: Gather all the documents and submit the online application whilst in the UK (because I have lived here for a year now),
then fly to Chicago, USA to attend my physical biometric appointment,
and finally return to the UK and mail the documents to Sheffield from the UK where I will await the final decision?
Does the application timeline make this possible?

Sorry for the complicated question, but since I am currently in the UK and have my life established here
(accommodation, bank accounts, friends, studies, etc), I would prefer to stay in the UK and not have to wait 3 months or more in the USA,
since that would strain my finances (although my relatives and partner can support me)
and of course it makes the wedding planning and such more difficult.

Thank you so much for taking the time to read my questions, any info would be much appreciated!
I tried to make it as easy to read as possible.

Sincerely.
Mara

edit- UPDATE:
I have finalized my plans:
I am going to go ahead and try to re-enter the UK from Italy on a visitor visa on the day my tier 4 student visa expires, in order to attend my graduation from university on Feb 20th.
I will then fly back to the USA on Feb 27th to start planning a wedding in the USA.
This American marriage license will be used to apply for a UK spouse visa from the USA.
Fingers crossed that everything goes okay.
I am not trying to specifically live in the UK, I just want to marry and live with my partner, no matter where we end up. I just hope immigration senses this from me instead of being suspicious of me.

edit: clarity

 

Please be aware that you may or may not be allowed re-entry as a tourist. This is because you have been living in the UK and they may not believe that you are a genuine visitor (because let's be honest - you aren't! you have bank accounts, a place to live - you aren't a tourist).

No there is no skirting the waiting period in the USA if you apply for a fiance visa. Is there a reason you haven't already married in the UK? What about marrying in the US and applying directly for a spouse visa?

1 - there isn't really a one-size fits all process for everyone. You need to read through the guidance and figure out how you guys fit the requirements.
Start here:
https://www.gov.uk/uk-family-visa/partner-spouse - this is for people applying from within or from outside the UK. Again, you can only apply for a spouse visa if you have a visa that allows you to do so (not a visitor visa).

financial requirements:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/636618/Appendix_FM_1_7_Financial_Requirement_Final.pdf


Three basic requirements:
financial
accommodation
relationship

The process has recently changed. You can send copies of your docs to New York OR you upload them directly to Sheffield - not both. Don't book a flight back to the UK until you have your passport back!

2 - No you cannot apply from the UK unless you have a valid visa already permitting you to reside here (not a visitor visa). A fiance visa can't be applied for at all from within the UK (it's entry clearance only). A spouse visa (flr(m)) can be applied for within the UK if you are already married and already here on a visa that allows you to live/ work in the UK (like a Tier 4). Bear in mind you will have to send your passport - so you won't be able to travel while your visa is being processed.

I don't know if you have the time to do this but if you popped over to the US, got married, then returned to the UK and applied for FLR(M) before your tier 4 expires, that would be an option.

Please be aware that you may or may not be allowed re-entry as a tourist. This is because you have been living in the UK and they may not believe that you are a genuine visitor (because let's be honest - you aren't! you have bank accounts, a place to live - you aren't a tourist).

No there is no skirting the waiting period in the USA if you apply for a fiance visa. Is there a reason you haven't already married in the UK? What about marrying in the US and applying directly for a spouse visa?

1 - there isn't really a one-size fits all process for everyone. You need to read through the guidance and figure out how you guys fit the requirements.
Start here:
https://www.gov.uk/uk-family-visa/partner-spouse - this is for people applying from within or from outside the UK. Again, you can only apply for a spouse visa if you have a visa that allows you to do so (not a visitor visa).

financial requirements:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/636618/Appendix_FM_1_7_Financial_Requirement_Final.pdf


Three basic requirements:
financial
accommodation
relationship

The process has recently changed. You can send copies of your docs to New York OR you upload them directly to Sheffield - not both. Don't book a flight back to the UK until you have your passport back!

2 - No you cannot apply from the UK unless you have a valid visa already permitting you to reside here (not a visitor visa). A fiance visa can't be applied for at all from within the UK (it's entry clearance only). A spouse visa (flr(m)) can be applied for within the UK if you are already married and already here on a visa that allows you to live/ work in the UK (like a Tier 4). Bear in mind you will have to send your passport - so you won't be able to travel while your visa is being processed.

Do you really think I would be denied entry? The reason I want to reenter is to give me enough time to purchase a plane ticket back to the states that won't be very expensive (buying one for this month would be). So I would be re-entering for about 2-3 weeks and would have a flight reservation to the USA that I could show to the immigration officer that shows when I will leave the country again. Also I have my graduation I want to attend in February, and can get a visa support letter from my university verifying this.

Would marrying in the USA be a simpler option? I thought a UK marriage certificate would be the best for a spouse visa to live in the UK. I will look into USA marriage visitor visas as an option.
To be honest, we just got engaged this winter, and I thought I could apply for the fiance visa from within the UK on my student visa. I found out this week that it isn't possible and have now 2 weeks to resolve everything.

1. Thank you for the info

2. That is fair enough and makes sense to me. But it is definitely too last minute to get married in the UK and apply for the spouse visa, since my student visa expires this month.

I don't know if you have the time to do this but if you popped over to the US, got married, then returned to the UK and applied for FLR(M) before your tier 4 expires, that would be an option.

Unfortunately I do not have the time to do this, as my course has dug me into a hole with timing That sounds like a nice solution though, if I had the time (I only have about 2 weeks)

Unfortunately I do not have the time to do this, as my course has dug me into a hole with timing That sounds like a nice solution though, if I had the time (I only have about 2 weeks)

You can get married in the US easily, with your partner travelling on an ETSA, no visa required. It can be done in a weekend.
But if you had to do it before your student visa expires in 2 weeks, that would also mean rushing your FLR application which is not something you would ideally want to do.

Your next best option is marrying in the US and applying for a spouse visa from there.

Does your fiance meet the requirements to sponsor your visa?

And yeah, I agree with Kate.  There's a really good chance you won't be allowed back into the UK after your trip to Venice and you'll be bounced back to Italy.  If you do decide to try to do this - do NOT enter the UK again without a ticket BOOKED to leave the UK again.  Also do NOT change the date on the ticket to later than you say, as they do track this information.

Does your fiance meet the requirements to sponsor your visa?

And yeah, I agree with Kate.  There's a really good chance you won't be allowed back into the UK after your trip to Venice and you'll be bounced back to Italy.  If you do decide to try to do this - do NOT enter the UK again without a ticket BOOKED to leave the UK again.  Also do NOT change the date on the ticket to later than you say, as they do track this information.

Thank you for your reply!
Would it be safer to re-enter the UK from Italy with the visa support letter for graduation attendance and the booking confirmation for a flight to leave the UK?
My graduation is on February 18, so I would stay at least until the weekend after that. I would like to stay longer to plan the wedding/visa stuff with my partner (we are now considering getting married in the USA), but if it is safest to book a flight for right after my graduation I will do so.

Thank you for your reply!
Would it be safer to re-enter the UK from Italy with the visa support letter for graduation attendance and the booking confirmation for a flight to leave the UK?
My graduation is on February 18, so I would stay at least until the weekend after that. I would like to stay longer to plan the wedding/visa stuff with my partner (we are now considering getting married in the USA), but if it is safest to book a flight for right after my graduation I will do so.

I would definitely get a letter from your university and have your flight booked for after.  It would be fine for it not to be immediately after, you could request to stay for a week after to wrap up loose ends in the UK. 

What you can't do is live in the UK on a visitor's visa.  Also remember that when your Tier 4 visa expires, you'll need to pay for any NHS treatment.  If you don't have insurance, you'll be billed 150% of the cost of the treatment and outstanding NHS debt will have your settlement visa refused.  So make sure you have insurance in place!

Definitely have the flight booked before your return.  What you'll need is to prove to the Immigration Officer on the day that you are a genuine visitor to the UK and have a life and home to return to in the USA.  You need to show that you are NOT trying to live in the UK without the proper visa.

Marrying in the USA and applying directly for a spouse visa will save you about c£1,200 in visa fees.  You can marry on paper in the USA and then have your white wedding here in the UK.  No one even needs to know you are already legally married.  Trying to marry on a fiance visa is a massive pain in the ass due to the visa and restrictions.  You are completely at liberty of UKVI and the processing of your application.  You should not book ANYTHING until after your visa is approved.  We have had far too many members on this board miss their own weddings when visas have taken longer to process than anticipated.

I would definitely get a letter from your university and have your flight booked for after.  It would be fine for it not to be immediately after, you could request to stay for a week after to wrap up loose ends in the UK. 

What you can't do is live in the UK on a visitor's visa.  Also remember that when your Tier 4 visa expires, you'll need to pay for any NHS treatment.  If you don't have insurance, you'll be billed 150% of the cost of the treatment and outstanding NHS debt will have your settlement visa refused.  So make sure you have insurance in place!

Definitely have the flight booked before your return.  What you'll need is to prove to the Immigration Officer on the day that you are a genuine visitor to the UK and have a life and home to return to in the USA.  You need to show that you are NOT trying to live in the UK without the proper visa.

Marrying in the USA and applying directly for a spouse visa will save you about c£1,200 in visa fees.  You can marry on paper in the USA and then have your white wedding here in the UK.  No one even needs to know you are already legally married.  Trying to marry on a fiance visa is a massive pain in the ass due to the visa and restrictions.  You are completely at liberty of UKVI and the processing of your application.  You should not book ANYTHING until after your visa is approved.  We have had far too many members on this board miss their own weddings when visas have taken longer to process than anticipated.

Good thinking. I think I will book a flight back to the USA on the 27th of February, a week after my graduation (which is actually the 20th) and I requested a letter of visa support from my university. My Uni is usually pretty fast with requests so I should have it by the time I re-enter the UK.

Then I have a couple months to plan the wedding in the USA (a small one with family only) and send my spouse's visa off right after we get the certificate.
Will the spouse visa application be in any trouble from the marriage certificate being so new (like a month or less)? And should I plan to have my spouse in the USA when I attend the biometric appointment for the UK spouse visa or can he be in the UK?

Thanks so much all for your help.

Will the spouse visa application be in any trouble from the marriage certificate being so new (like a month or less)? And should I plan to have my spouse in the USA when I attend the biometric appointment for the UK spouse visa or can he be in the UK?

Thanks so much all for your help.

It's not a problem being recently married and he doesn't need to stay past the wedding. 

It's not a problem being recently married and he doesn't need to stay past the wedding. 

Awesome, thank you so much! One last question, I read that immigration might ask for proof that you can support themselves. Would a bank statement showing my university loans (which are in a UK bank account) be okay or should I ask my parents for a copy of their American bank statement? Since I have less than £1000 left in my bank account from my studies.

Awesome, thank you so much! One last question, I read that immigration might ask for proof that you can support themselves. Would a bank statement showing my university loans (which are in a UK bank account) be okay or should I ask my parents for a copy of their American bank statement? Since I have less than £1000 left in my bank account from my studies.

Do you mean US immigration? It wouldn't hurt to have ready your parent's statement or perhaps his UK statement, depending on the balance.

How will you be meeting the financial requirements of the spouse visa?

Do you mean US immigration? It wouldn't hurt to have ready your parent's statement or perhaps his UK statement, depending on the balance.

How will you be meeting the financial requirements of the spouse visa?

Sorry I meant to re-enter the UK from Venice. I will have a letter of visa support from the university and my return flight home a week after my graduation. So should I also bring some proof of finance for the 5-ish weeks I will be visiting? My UK bank account doesn't have that much, but I am not sure how much they expect.

My partner works full-time for the government, makes £20k before tax, so we will be sending in his payslips, employment letter, and bank statements as proof of finance for the UK spouse visa. He already has an active ESTA for the wedding visit. He last visited the US during a couple connecting flights to Mexico.