Sifting through the detail (USA to UK)

[ronniew]

With all the different options and informations out there I'm looking for a step by step action plan that my girlfriend and I can take to ensure her smooth move ASAP from the USA to here permanently in the UK, Scotland.

Conditions:

We've been together for 4 months
I earn more than £18,000
She's seeking dual citizenship UK/USA (is this possible?)
We'd consider Civil partnership before marriage at this stage
We're looking for the simplest and easiest method, even if it costs more

Does anyone have an A, B, C ... guide of what we should do?

Thanks

[Casa]

You know that a civil partnership is for the same gender partners? When you say 'dual UK/USA citizenship'...the first step is settlement with a route to British Citizenship taking a minimum of 5 years.
Didn't you get the answers you needed in this thread in November?
http://www.immigrationboards.com/viewto ... ht=#945438

[ronniew]

Thanks, just so much info, hard to see where to start!

[ronniew]

Would I be right in saying that this is the page and requirements for the first step of applying for settlement?

http://www.ukba.homeoffice.gov.uk/visas ... you-apply/

For the 5-year leave to remain partner route you must show that:

you and your partner are both aged 18 or over at the date of application;
your partner is a British Citizen, or is present and settled in the UK, or is here with refugee leave or humanitarian protection;
your partner is not related to you in a way that means you could not marry in UK law;
you and your partner have met in person;
your relationship with your partner is genuine and subsisting;
if you are married or in a civil partnership, your marriage or civil partnership is valid in UK law;
if you are not married or in a civil partnership you have been living with your partner in a relationship akin to marriage or civil partnership for at least 2 years prior to the date of the application;
you meet the suitability requirements;
any previous relationship has permanently broken down (this does not apply to certain polygamous relationships);
you and your partner intend to live together permanently in the UK;
you meet the financial requirement;
you meet the English language requirement; and
you meet the immigration requirement;



If so then we fail one of the requirements, the one in bold above. We have been together only 4 months. Living together for 2 years would be great but impossible if i'm correct in saying that by law she can only stay here for 6 months at any one time?

What then/ now would our options be to pursue settlement?

[Wanderer]

Would I be right in saying that this is the page and requirements for the first step of applying for settlement?

http://www.ukba.homeoffice.gov.uk/visas ... you-apply/

For the 5-year leave to remain partner route you must show that:

you and your partner are both aged 18 or over at the date of application;
your partner is a British Citizen, or is present and settled in the UK, or is here with refugee leave or humanitarian protection;
your partner is not related to you in a way that means you could not marry in UK law;
you and your partner have met in person;
your relationship with your partner is genuine and subsisting;
if you are married or in a civil partnership, your marriage or civil partnership is valid in UK law;
if you are not married or in a civil partnership you have been living with your partner in a relationship akin to marriage or civil partnership for at least 2 years prior to the date of the application;
you meet the suitability requirements;
any previous relationship has permanently broken down (this does not apply to certain polygamous relationships);
you and your partner intend to live together permanently in the UK;
you meet the financial requirement;
you meet the English language requirement; and
you meet the immigration requirement;



If so then we fail one of the requirements, the one in bold above. We have been together only 4 months. Living together for 2 years would be great but impossible if i'm correct in saying that by law she can only stay here for 6 months at any one time?

What then/ now would our options be to pursue settlement?

Marriage, or Student visa and live together on that (budget £20k plus for that) or Tier 2 Work permit if she's highly skilled and can get a sponsor in the UK.

Living in UK on visit visas opens up the question of 'genuine visitor' and is not recommended and in addition highly likely to fail resulting in a ban.

You have to have physically met too.

[ronniew]

Thanks

Looks like Marriage is our only option. Which is fine.

We have been together only 4 months, in terms of our application would it be best to get married in the UK or USA? I'm assuming UK because the goal is for her to stay here with me.

Wouldn't they question the fact that we've been together only a matter of months and got married. having been with each other physically 3 or 4 times so far for 2 week periods. i.e. me visiting USA, and her visiting UK (until she can stay here)

How long can she stay here for without any Visa?

[Wanderer]

Thanks

Looks like Marriage is our only option. Which is fine.

We have been together only 4 months, in terms of our application would it be best to get married in the UK or USA? I'm assuming UK because the goal is for her to stay here with me.

Wouldn't they question the fact that we've been together only a matter of months and got married. having been with each other physically 3 or 4 times so far for 2 week periods. i.e. me visiting USA, and her visiting UK (until she can stay here)

How long can she stay here for without any Visa?

Six months in every twelve is the unwritten rule, but be wary of IO's questioning and searching of bags, if they doubt she's a genuine visitor.

And if stopped she'd need to show funds to finance her stay.

Probably best to marry in USA since it's so easy, if you married here the likely route is Fiancee visa, then Spouse visa - i.e. two costs.

Do you have Irish Grandparents or another EU citizenship?

[ronniew]

Thanks, your time and info is most helpful and appreciated

If we got married in the USA could she then go straight to application for the spouse visa?

The unwritten 6 months out of 12 rule. Could she stagger that 6 months over the 12 month period. For example 2 months here then 2 months there etc...

I don't have any EU citizenship links

[ronniew]

PS - How long does the spouse visa application take to process once we give all the correct documents required?

[peppekalle]

PS - How long does the spouse visa application take to process once we give all the correct documents required?

http://www.ukba.homeoffice.gov.uk/visas ... ing-times/

[sagareva]

dude

off the top of my head, and of course depending on your living situation in the states, i'd suggest marrying there and applying for a spouse visa there -- will take a bit longer but less likely there will be a problem

they are less likely to doubt genuine relationship if you are a brit going to the states to marry an american and staying with her there at the time of the application, whereas as far as entering as a visitor and marrying here, believe it or not, may bring all sorts of problems, nowadays they are going completely nuts about in-country marriages by people who may need immigration status

and i must correct myself, when i say "it will take longer" that is, before she enters the country -- for her to actually receive a visa, it will belikely faster in the States than a change of status here

[ronniew]

Thanks

As I have a full time job, home, and daughter here in the UK I wouldn't be able to stay in the USA for more than a matter of weeks. So if we got married there I'd just be flying over for that and back again. Would that cause a problem?

She would then apply for the spouse visa from the USA. Processing time of which looks to take from between 3 to 6 weeks. Plus the fee of £851

[sagareva]

you do as you must, obviously, but based on all i have seen and heard, it is still better than from within the country here

there is a british expat forum in the states, populated primarily by those who have filed/ are waiting for decisions on// spousal applications in the US. i will try to find a link for you there will be more help there

UPDATE
I am not sure this is the one, but start by searching here

http://www.expatforum.com/expats/britai ... living-uk/

the name is counter-intuitive, there is a massive branch there somewhere for actually brits / brits' spouses/ living in the states and trying to get back to britain

[ronniew]

got it, okay thank you