I am a US citizen and am marrying my fiance in the UK. After filling out the necessary paperwork and paying the small fortune of the application, it was refused on the basis of not meeting the financial requirement because they did not get the Appendix 2 form.
They sent me an email October 16th requesting appendix 2 but I regrettably did not see it until it was too late. The notice of refusal stated that in the email they sent me requesting appendix 2 that there was a deadline of November 6th. No such deadline was actually written in the email. The notice also said that they sent me a reminder email October 30th. No such email was ever sent to me, or at the very least I never received it. So the entry clearance officer denied my application because he couldn't determine my whether or not my fiance met the financial requirement. Even though I did submit 7 months of bank statements, pay slips, and the P45 form from the HMRC all stating his monthly pay. He exceeds the minimum salary threshold by a large amount so I would like to appeal on this basis. My argument being that I was not given appropriate notice for a deadline to give them app 2, never sent the alleged reminder email, and that the pay slips and statements' probative value outweighs app 2 anyway and the ECO should've used his discretion in my favor because of that.
Should I appeal? I can't really afford to do a whole new application as with shipping it cost me close to $2,000. If I appeal, should I do paper or oral? Should I ask my fiance to be my representative? How long will the appeal process take?
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