Marrying an American - want to reside in UK

[WoburnLee]

Hi there, Im hoping for some help or pointers from other people who have gone down this route...

I'm british, reside in England and have done so all my life. I have a good job, my own home etc so qualify for sponsorship element etc with ease. My fiancé is American and lives in the US. We are wishing to settle in the UK for the foreseeable future and are obviously planning a weeding (early stages thus far and decisions are yet to be made on whether this will be yin the US or UK). What is the fastest, moist straight forward way for her to arrive in the UK on a visa which doesn't force her to leave within x months? What path is the smoothest for us as a couple?

Thanks in advance!
Lee

[CR001]

Joinign Family in the UK (Click)

If getting married in the UK, she could apply for a Fiance visa. This is valid for 6 months and you would need to get married within this time. She will not be permitted to work while on a Fiance visa.

Shortly before her visa expires, she can apply to switch, within the UK either by post or in person, for a spouse visa which will be granted for 2.5 years with a further extension after the initial spouse visa of another 2.5 years. You need to meet the financial requirement for each stage.

After 5 years residence, she can apply for Indefinite Leave to Remain and once granted, can then immediately apply for Citizenship.

If you choose to get married in the USA, then once married, she will need to apply for a spouse visa from America before she can join you in the UK.

[Casa]

You really only have two options. Marry in the US and apply for a spouse settlement visa from there, or apply for a fiance visa, marry in the UK within 6 months and then after the wedding submit an application for a spouse visa extension on form FLR(M) without your wife having to return to the US to apply. Both options grant an initial 2.5 year probationary visa, after which your wife will have to apply for a further 2.5 year extension before qualifying for permanent residence.
Edit: CR001 you were quicker on the keyboard once again!

[CR001]

You really only have two options. Marry in the US and apply for a spouse settlement visa from there, or apply for a fiance visa, marry in the UK within 6 months and then after the wedding submit an application for a spouse visa extension on form FLR(M) without your wife having to return to the US to apply. Both options grant an initial 2.5 year probationary visa, after which your wife will have to apply for a further 2.5 year extension before qualifying for permanent residence.
Edit: CR001 you were quicker on the keyboard once again!

[WoburnLee]

Thank you both. So once married and in the UK, it's 5 years until she can qualify for a UK passport? I thought it was 3 years?!

[Casa]

Although the Rules say a spouse of a British citizen can apply for British citizenship after 3 years of legal residence, they must have first been granted ILR (permanent residency). As it is now a 5 year route to ILR (not 2 as previously) you wife will need to complete 5 years and have ILR. She will then be able to apply immediately for British citizenship if your marriage is subsisting and she meets all the standard requirements. The right to apply for a British passport only comes after being granted citizenship and requires a separate application.

[WoburnLee]

Thanks Casa, Earlier you refereed to two options; 1) Marry in the US and apply for a spouse settlement visa from there, or apply for a fiance visa, marry in the UK within 6 months and then after the wedding submit an application for a spouse visa extension on form FLR(M) without your wife having to return to the US to apply.

If we were to marry in the US and apply for spouse settlement, how long would that take? Again the same question for a fiancé visa placation?

Cheers!

[Casa]

Official statistics show that currently most spouse settlement applications submitted in the US are generally processed with 30 days assuming all documentation is in order.
If you apply for a fiance visa, the application processing will be the same (in the US) but will incur two visa fees. One for the fiance visa and another when your wife applies to switch to spouse in the UK after the wedding. Processing time for postal applications for a FLR(M) visa can take up to 12 weeks and your wife wouldn't be able to legally work until this is granted. For a premium fee of an additional £400 the application could be submitted in person and a decision should be decided on the same day. If she enters on a spouse visa (issued in the US) she would be entitled to work immediately.
If you're looking for the speediest option, then marrying in the US would be the way to go. Weighing up the costs, even with the air fare, it may work out cheaper to marry in the US and pay only one visa fee.

[WoburnLee]

Hi Casa, one last thing.

We are leaning towards marrying in the US and then submitting a spouse settlement in the US, as if i recall correctly, they are generally processed quicker if all documentation is in order.

Once approved, how long will my partner have before she has to travel to the UK to settle? Is there a time constraint or expirey date per se?

Cheers

[CR001]

The initial spouse visa will be issued for 33 months, that is an extra 3 months grace to facilitate sorting out affairs and moving to the UK. She should ideally not arrive after 3 months as then she will potentially face a shortfall for 5 years residence and will require 2 extensions instead of one.

[Casa]

There isn't a time restraint as such, but if she doesn't enter within 3 months of the visa issue date it will require an additional visa extension to make up the shortfall before the end of the 5 year period as she won't have completed the full term in order to qualify. Therefore an extra visa fee!
Char! You've done it again...too quick!

[CR001]

@Casa

[WoburnLee]

Thank you both. So much help. Also, if I'm entering the US on a B2 visa for an extended holiday of 8weeks during which we plan on getting married and taking a holiday together before i return, can she submit her spouse application within days / weeks of our marriage?

We both have plenty of evidence and photos of our relationship including lots of trips back and forward to see each other, so that part I'm very comfortable with.

[CR001]

As soon as you are married and have the marriage certificate, she can apply for her visa. Bear in mind that all your supporting documents cannot be older than 28-30 days.

[WoburnLee]

I planned on submitting a selection which prove the duration of the relationship.

If only recent ones are valid, what documentation will they want to see? Pics, emails, visits, holiday itinerary etc?

[CR001]

Apologies, I mean in terms of bank statements, payslips, employer letter and contract etc that you have to provide to prove you meet the financial requirement. So if you submit 6 months worth, the most recent cannot be 2 months old for example.

[Casa]

You'll also need to provide a legally certified copy of your passport.

[WoburnLee]

Ok got it. Do you know what forms we both have to fill in? Or where we can find links to what forms rate needed for both myself (british) and my partner (american)?

[CR001]

Apply from Outside the UK (click)

[meb4ne1]

I would just like to add my experience here. I also am permanently settled in the UK and got married to a US citizen earlier this year. If you are getting married in the US, you need to figure out the law of the state your fiance currently lives in. It is different but in my case, I had to be in US for a certain number of days before I could apply for the marriage licence, followed by a short period where I could not get married, which meant we chose to get married in the UK. So, I'd highly recommend researching the exact process of getting married in the US (to be honest, the new law in the UK isn't very helpful either).

[WoburnLee]

Hi there. My partner resides in Arizona and i'm now here too on a sabbatical (entered on a B2 visa) for 4 months. We have checked in to Arizona marriage laws and there is no wait nor restrictions. Anything else we should know?

Can my partner file for her US spouse visa whilst I'm present in the USA with her or do i need to be in the UK before she applies?

[SoHopeful]

Yes the application can be made whilst you're there if you have all the relevant documents with you.

[Casa]

You do need to ensure that the more recent bank statements and also pay slips (if applicable) are dated no later than 28 days before the date you submit your application. Any official documents aren't being submitted as originals must be legally certified. Do you have evidence with you of adequate accommodation available when your wife arrives in the UK?
Your wife will also have to pay the new NHS surcharge of £600 online before submitting her spouse settlement application. That's in addition to the £956 visa fee.
https://www.gov.uk/healthcare-immigrati ... n/overview

[WoburnLee]

Hi Casa, I do. I own a house in the UK which we will be living in. Being on a sabbatical and senior employee of the company in the UK for which i have worked for over 15years with, i have current payslips, bank statements and P60's. What else would you suggest we ready in preparation?

[Casa]

You'll need letter from your employer on company headed paper confirming the terms of your employment and your annual salary. My reason for concern about the date of your bank statements and pay slips is that I believe in a previous post you mentioned that you've been staying in the US for four months. Be aware that the case worker won't accept online or copy statements unless they have been stamped by the issuing bank or are submitted with a letter from the bank on headed paper, confirming their validity.
You also need to submit evidence of your relationship, photos, proof of contact etc. If either of you have been married before, divorce decree absolute certificate or the equivalent in the US if applicable for your wife. Marriage certificate.