Spouse Visa Financial questions

[JC.]

Hi, my American girlfriend and I (british) intend to marry towards the end of the year in Mexico and spend 6 months together out there as "tourists" living as a newly married couple.

We intend to file for a spouse visa.

I am currently a student and of course have little or no money. Neither do I own my own house.

My questions relate to how an ECO would look at
a) funding
b) living arangments.

Whilst I have little or no money, indeed I am into my student overdraft, my girlfriend has a trust which she can get access to to the value of around $50k USD. We would initially live with my parents. There are no issues with overcrowding I have checked this. Then, I would return to university for 9 months to complete my degree. We would rent a flat together and we would both get menial jobs to sustain ourselves whilst I complete my degree.
Completing the degree opens up jobs to me which would otherwise be unavaliable.
I currently have applied for and have recieved 2 years worth of student loans.

1) Would the ECO accept that $50k is enough to support us for our plans?
2) Should the money be in her name, in my name or in a joint account?
3) Does my own low bank account have a bearing on things given that we have $50k between us?
4) Would me having a student loan cause issues? (the rules on this are that it is not due to be paid back until i earn over 18k p/a)
5) Should I avoid applying for my final years student loan and both live on the 50K + our monthly earnings?

Thankyou in advance for any help/advice.

-JC.

[ilm]

1, It is not about the amount. You have to show them that you can support yourselves without public funds. It would appear to me that is her money not yours so would have to demonstrate it really was available and was prepared to use it to support herself.

To my mind it is not really enough if you cannot demonstrate that other money will be coming in at some time via some sort of work.

2, You would have to show where the money came from so transferring it from one to another will not make any difference.

3, Low bank balance! Interesting way to describe an over draft? Yes it will have a bearing on it. You will have give a good justification of why you have it and how it will be repaid. If you really had $50K any normal person would pay off an over draft?

4, Student loan shouldn't cause too much of a problem as they are quite normal these days but I believe you would have to justify it by demonstating you studies are worthwhile and will bring in a good salary once you graduate.

5, Definately not. With less money you are less likely to demonstate you can support yourselves.

The above are only my opinion and I am sure others may disagree. From this and other posts, your case is quite unusual and I am sure it would be very easy for an ECO to reject it if it was not prepared very well.

[JC.]

Thanks ILM. Im actually basing much of my application on your sticky so your advice is indeed apriciated.

1) Yes it is her money. The idea of putting it into a joint account was more about proving that the marriage was subsisting. I should have made that clear.
a)By demonstrating it was really avaliable? Would bank statements be enough or perhapse a covering letter from her grandfather who set up the trust to say that he has released the money to her so she can sustain herself over here
b) How would I prove that she intends to work? Include her CV and some printouts of suitable jobs? (She currently works as an administrative coordinator for Nissan.)

2) Again, I guess a covering letter from her grandfather would cover this and again bank statements?

3) I will have the overdraft paid off by the time we get married although there will be a reccord of my bank balance being in the red. Although if they only want 6 months of previous statements then I *should* be ok and it wouldnt show up? I doubt if I will be able to clear £1000 before I fly out there though.

4) Again I guess this is printouts of suitable jobs that I could apply for.

5) The student loan completely covers our rent whilst I am at uni + my tuition fees.

Does the above information change anything?

[JC.]

Does anyone have any further thoughts?
Its only 6 months till we go away together and this paperwork thing is really stressful