Which Visa Route?

Hi folks,

As I said in my Welcome Wagon introduction (not sure if you can see it here), I'm a UK-based UK citizen and my long term girlfriend Lynn is a US-based US citizen. We are getting married this summer and Lynn is emigrating to the UK. We can meet the financial requirement and provide all the proof of relationship evidence required, but are slightly confused about which visa route to take.

On the Gov.UK website page Family Visas: apply, extend or switch, I clicked on and read the Apply as a partner or spouse link. Here it says 'If you are applying as a fiancee... you must prove that ... you plan to marry ... within six months of arriving in the UK'. So to my first 2 questions if you can help me please:

     1.  Does this mean that it's possible to apply for a family visa as a fiancee intending to remain in the UK after marriage?

     2.  If this the case, and as we don't mind where we get married, would it be easier/cheaper (a) for us to marry in the US followed by Lynn
          applying or a Family Visa to join me as a family member or (b) for Lynn to apply for a Family Visa as a spouse to be?

Many thanks,

Bob

Hi folks,

As I said in my Welcome Wagon introduction (not sure if you can see it here), I'm a UK-based UK citizen and my long term girlfriend Lynn is a US-based US citizen. We are getting married this summer and Lynn is emigrating to the UK. We can meet the financial requirement and provide all the proof of relationship evidence required, but are slightly confused about which visa route to take.

On the Gov.UK website page Family Visas: apply, extend or switch, I clicked on and read the Apply as a partner or spouse link. Here it says 'If you are applying as a fiancee... you must prove that ... you plan to marry ... within six months of arriving in the UK'. So to my first 2 questions if you can help me please:

     1.  Does this mean that it's possible to apply for a family visa as a fiancee intending to remain in the UK after marriage?

     2.  If this the case, and as we don't mind where we get married, would it be easier/cheaper (a) for us to marry in the US followed by Lynn
          applying or a Family Visa to join me as a family member or (b) for Lynn to apply for a Family Visa as a spouse to be?

Many thanks,

Bob

Hi Bob, welcome!

1- Yes, this is possible (must be applied for from the US) but not the preferred option.
2-a. Definitely easier, cheaper and all around less stressful to marry in the US and apply directly for a spouse settlement visa.

Hi Bob, welcome!

1- Yes, this is possible (must be applied for from the US) but not the preferred option.
2-a. Definitely easier, cheaper and all around less stressful to marry in the US and apply directly for a spouse settlement visa.

Thank you for your quick response.  You confirmed what we were thinking. What do you mean by a spouse settlement visa? Is that a Family Visa?

Bob

As larrabee said, it's easier and cheaper to marry first (outside the UK), and then apply for leave to enter/remain as a spouse.

These are the two route options with approximate timelines as of February this year.

EDIT:  The priority/premium fees are no longer correct, I think.

Thank you for your quick response.  You confirmed what we were thinking. What do you mean by a spouse settlement visa? Is that a Family Visa?

Bob

It's the one she would need to apply for after you are married. 

Welcome to the forum, Bob.

There isn’t really such a thing as a ‘family visa’. All visas in the family category are called Settlement visas (the visa type you select on the online application is Settlement).

The following visas are all settlement (family) visas:
- fiancé visas (Settlement -> Marriage on the online form)
- spousal visas (Settlement -> Husband or Settlement -> Wife on the online form)
- child dependant visas
- proposed civil partnership visas
- civil partnership visas
- unmarried partner visas
- Adult/Elderly dependant relative visas

So, you just apply for whichever settlement visa type you qualify for, based on your personal situation.


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Welcome to the forum, Bob.

There isn’t really such a thing as a ‘family visa’. All visas in the family category are called Settlement visas (the visa type you select on the online application is Settlement).

The following visas are all settlement (family) visas:
- fiancé visas (Settlement -> Marriage on the online form)
- spousal visas (Settlement -> Husband or Settlement -> Wife on the online form)
- child dependant visas
- proposed civil partnership visas
- civil partnership visas
- unmarried partner visas
- Adult/Elderly dependant relative visas

So, you just apply for whichever settlement visa type you qualify for, based on your personal situation.


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Excellent - thank you. So based on the advice so far, we’ve decided to get married in the USA and then apply for Lynn’s settlement visa, which leads to my next question:

   1.  As a UK CITIZEN, what documentation do I need to get married in the USA?

Bob


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Excellent - thank you. So based on the advice so far, we’ve decided to get married in the USA and then apply for Lynn’s settlement visa, which leads to my next question:

   1.  As a UK CITIZEN, what documentation do I need to get married in the USA?

Bob


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You'll need to enquire with the county in the state you will be marrying.  Requirements vary for each.  Likely just your passport but they may want a birth certificate as well. There may or not be a short waiting period from the time you apply for your marriage license to be allowed to marry.  It varies from county to county, state to state.

...I love this forum. Thanks again for the speedy response.

We might even take a short cruise out of say Boston or NY and get married at sea. Will that make it more complicated?

Bob


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...I love this forum. Thanks again for the speedy response.

We might even take a short cruise out of say Boston or NY and get married at sea. Will that make it more complicated?

Bob

Nope, not a problem.  As long as the marriage is legal in the place where it was conducted and is legal in the UK, the UK will recognize it.