American marriage to UK, visa expired two days ago

[elinn]

Hello. I'm American and I applied for a fiancee visa about a year ago and was granted one on 16th November 2010. I came into the UK on 2nd December, 2010. My spouse and I were married on 7th May, 2011, and we went on a pretty long honeymoon. When we got back, that night we sat down to start filling out the FLR(M) form to give me 2 years in the UK, when we noticed that my visa had actually expired the day before. I don't know when or how the thought entered my head but I thought I had until June to make the submission.

I rang up both the immigration inquiry bureau and the Croydon Public Enquiry Office - both with the same answer: you can take your chances with the FLR (both said "we can't stop people from submitting them"), but the correct procedure would be for me to leave the country immediately and re-apply.

I did biometrics in America but from my understanding I must do it again - which can take some time as it will take them at least 7 days to mail me the package if it is accepted (perhaps longer because of needing to make an appointment).

I really have nothing in America. I have been out of work since I moved here and we have been waiting to get married before making the submission to have me stay, and then get a job. We have some money and it wouldn't bankrupt us to have me fly back to America, apply for my FLR(M) (if that is even correct, I'm not sure if I would have to get another visa to re-enter the country), and return to the UK, but I can't shack up in a hotel for 3-6 months waiting. We just can't afford that.

I don't know if it's worth the risk (and the 550 quid), for us to go ahead and apply and wish for the best, or if they would even take the situation into consideration. I am all for taking responsibility for my actions but we just got married. This seems like a really rough start.

Should I be contacting a lawyer? Should I go ahead and apply IMMEDIATELY anyway or should I go back to America and hope for the best?

Any advice I'll take. Thank you.

[vinny]

There is a risk of refusal.

[Mk2010]

550 quids?
I believe the spouse visa fee has gone up to +£800 since Apr 2011. Good luck.

[Greenie]

550 quids?
I believe the spouse visa fee has gone up to +£800 since Apr 2011. Good luck.

A postal application on form FLR(M) is £550 perhaps you are thinking of the PEO fee?

[Mk2010]

550 quids?
I believe the spouse visa fee has gone up to +£800 since Apr 2011. Good luck.

A postal application on form FLR(M) is £550 perhaps you are thinking of the PEO fee?

Sorry, I was referring +£800 spouse visa fee if she plan to go back to State to apply for entry clearance with FLR(M).

[ElenaW]

OP, the only way you can have a definite approval is by applying from the US otherwise you're at the mercy of the ECO's discretion. If you returned you wouldn't be applying for flr(m), it would be the spousal visa online (there are no paper forms in the USA). If you pay an extra fee of $300 after paying the regular spousal visa fee, your application will be expedited and you will get it back within 15 days. Some people get them back a few days after applying. So you wouldn't need to be in a hotel for 3-6 months.

Good luck.