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UK Fiance Visa for US Citizen - Help!

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé/e | Ancestry

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SKing
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UK Fiance Visa for US Citizen - Help!

Post by SKing » Sat Sep 07, 2019 8:28 am

Hi All,

I'm currently in the process of helping my fiancé complete and submit his application for a fiancé visa, but have a couple questions, which I can't seem to find any information about anywhere (or not any recent information anyway). I'm not sure if anyone has come across similar issues, but here goes:

1. My fiancé came to visit me last year in Sep 2018-March 2019. He didn't overstay his allowed 6 month period as a tourist with an American passport. However, as his stay was so long I wrote him a letter of invitation just in case the IMO had questions. In hindsight, my mistake on the letter was addressing him as a close personal friend instead of my partner. I just didn't want the IMO officer to think that he was coming into the country with the intent of settling unlawfully. It's probably also worth mentioning that he was only intending to originally stay until January, but then decided to stay a couple more months. My question is - will this affect his application as providing untruthful information? I'm not sure what the IMO does with the information at the border, but I think that my partner gave the letter to him to keep.

2. Will the fact that he was in the UK with me for almost 6 months affect the application? No laws were broken or allowances overstayed, so I wouldn't see why it should, but I do have a habit of over thinking things.

Apologies for my long winded question and thank you in advance for anyone who has any information!

physicskate
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Re: UK Fiance Visa for US Citizen - Help!

Post by physicskate » Sat Sep 07, 2019 8:49 am

SKing wrote:
Sat Sep 07, 2019 8:28 am
Hi All,

I'm currently in the process of helping my fiancé complete and submit his application for a fiancé visa, but have a couple questions, which I can't seem to find any information about anywhere (or not any recent information anyway). I'm not sure if anyone has come across similar issues, but here goes:

1. My fiancé came to visit me last year in Sep 2018-March 2019. He didn't overstay his allowed 6 month period as a tourist with an American passport. However, as his stay was so long I wrote him a letter of invitation just in case the IMO had questions. In hindsight, my mistake on the letter was addressing him as a close personal friend instead of my partner. I just didn't want the IMO officer to think that he was coming into the country with the intent of settling unlawfully. It's probably also worth mentioning that he was only intending to originally stay until January, but then decided to stay a couple more months. My question is - will this affect his application as providing untruthful information? I'm not sure what the IMO does with the information at the border, but I think that my partner gave the letter to him to keep.

2. Will the fact that he was in the UK with me for almost 6 months affect the application? No laws were broken or allowances overstayed, so I wouldn't see why it should, but I do have a habit of over thinking things.

Apologies for my long winded question and thank you in advance for anyone who has any information!
1.) Possibly, but unlikely. It is your REASON for providing false info that is the concern here, ie you were deliberately trying to be deceptive... did he hand over the letter? Was it retained?

2.) No.

Have you considered marrying in the US first? It could just be the legal bit (but could have a 'blessing' in the UK if that floats your boat), but it would allow him to work and access the NHS immediately. And you wouldn't have to apply for a second visa so soon after the first. You don't need anything more than an ESTA to marry in the US.

SKing
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Re: UK Fiance Visa for US Citizen - Help!

Post by SKing » Sat Sep 07, 2019 9:04 am

Thanks for your reply! I think he did hand over the letter, but he's not 100% sure either (if only I'd been there to remember for him lol). I'm assuming they would have retained it if he did. From my past experiences at any border control, any information I've shown them has always just been handed back to me, but I suppose every interaction is different.

I wasn't trying to be deceptive, I was just trying to make his coming into the country as smooth as possible. I suppose I could argue that 'close personal friend' could have any connotation, but I'm not sure how picky they'll be about semantics.

I have considered getting married in the US, but most of the people attending the wedding are already in the UK so, logistically, it made more sense. Although, I do agree that it would be easier to just apply for one visa instead of two.. not to mention the extortionate costs!

physicskate
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Re: UK Fiance Visa for US Citizen - Help!

Post by physicskate » Sat Sep 07, 2019 9:16 am

You could do the legal part in the US and then have the 'wedding' which would be a blessing in the UK. Lots of people do this... Most states don't have the crazy notice periods here, which means you could fly over, get married on a weekend, then fly back. He could then submit the visa application and (once approved) come over and work from day one. You could then have the 'wedding' (ie blessing) whenever suits you. It wouldn't need to be within the 6 months of the fiance visa. You wouldn't also need to meet all the notice requirements either.

Just an idea - do with it what you will.

SKing
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Re: UK Fiance Visa for US Citizen - Help!

Post by SKing » Thu Sep 12, 2019 1:21 pm

Thanks again for your reply!

I have another question now. My fiancé has had two driving fines. One was for speeding and one for driving without insurance. Do I need to declare both? I'm a little confused as apparently he only needs to declare speeding fines if he's had three or more? In both instances (for speeding and no insurance) the fines have been now been paid in full.

Also, when applying for the spouse visa after we get married, does anyone have any experience of what happens if a decision hasn't been made before the fiancé visa expires? We plan on getting married in the third/fourth month of the fiancé visa, which should give us enough time for the spouse visa to be processed, but I just wanted to see if anyone had any tips to share.

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Casa
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Re: UK Fiance Visa for US Citizen - Help!

Post by Casa » Thu Sep 12, 2019 5:15 pm

SKing wrote:
Thu Sep 12, 2019 1:21 pm
Thanks again for your reply!

I have another question now. My fiancé has had two driving fines. One was for speeding and one for driving without insurance. Do I need to declare both? I'm a little confused as apparently he only needs to declare speeding fines if he's had three or more? In both instances (for speeding and no insurance) the fines have been now been paid in full.

Also, when applying for the spouse visa after we get married, does anyone have any experience of what happens if a decision hasn't been made before the fiancé visa expires? We plan on getting married in the third/fourth month of the fiancé visa, which should give us enough time for the spouse visa to be processed, but I just wanted to see if anyone had any tips to share. I'll leave your first question for someone better placed to advise on driving convictions. However regarding this one, your husband's legal status would be retained under Section 3c of the Immigration Rules until a decision on his FLR(M) application is made.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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seagul
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Re: UK Fiance Visa for US Citizen - Help!

Post by seagul » Thu Sep 12, 2019 6:21 pm

SKing wrote:
Thu Sep 12, 2019 1:21 pm
Thanks again for your reply!

I have another question now. My fiancé has had two driving fines. One was for speeding and one for driving without insurance. Do I need to declare both?
If the application form will ask then yes you will have to correctly declare it
SKing wrote:
Thu Sep 12, 2019 1:21 pm
Also, when applying for the spouse visa after we get married, does anyone have any experience of what happens if a decision hasn't been made before the fiancé visa expires? We plan on getting married in the third/fourth month of the fiancé visa, which should give us enough time for the spouse visa to be processed, but I just wanted to see if anyone had any tips to share.
Section 3C will only be triggered where if a valid application (FLRM) has been submitted before expiry otherwise not.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

SKing
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Re: UK Fiance Visa for US Citizen - Help!

Post by SKing » Sun Sep 22, 2019 12:00 pm

Hi Again,

Thanks for your help so far guys, it's really helped with this whole visa application as I'm trying to navigate it without the need of paying for a solicitor. My fiancé and I are currently in the process of writing our cover letters/ intent to marry. I'm struggling to find a good example of what the applicant should include in their cover letter. Is it basically mirroring what I've said in my letter as the sponsor? Any examples would be much appreciated!

Also, I'm a little confused about which website he should be applying on. Is it the visa4uk website or the direct.gov website?

Finally, does anyone have any knowledge/ experience as to whether or not we are able to pay using a Discover credit card?

Thanks again :) !

SKing
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Re: UK Fiance Visa for US Citizen - Help!

Post by SKing » Wed Oct 09, 2019 1:50 pm

Hi All,

My fiancé and I have submitted the application online and are now coming to the final hurdles. When registering on the vfs website, is our visa type ‘Appendix FM Partner’ or ‘Settlement’? Thanks in advance for your help!

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