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Rangers78
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Help required

Post by Rangers78 » Mon Jul 16, 2007 12:05 pm

Hello all,

I'm needing some advice/help. I've been with my American girlfriend for about 3 years now and we have decided to get married. Several questions. 1. Can she come over here and then get married without the need for a visa, it seems to happen all the time. (2. Can she come over here and apply for her visa back in the states and let the process run its natural course? Lastly, if she stays in the States and applies for the Visa there does anyone know how long it takes for it to come through and get validated. Any help with these would be great. Want her over here as soon as possible.

Wanderer
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Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Re: Help required

Post by Wanderer » Mon Jul 16, 2007 12:52 pm

Rangers78 wrote:Hello all,

I'm needing some advice/help. I've been with my American girlfriend for about 3 years now and we have decided to get married. Several questions. 1. Can she come over here and then get married without the need for a visa, it seems to happen all the time. (2. Can she come over here and apply for her visa back in the states and let the process run its natural course? Lastly, if she stays in the States and applies for the Visa there does anyone know how long it takes for it to come through and get validated. Any help with these would be great. Want her over here as soon as possible.
She needs to apply for a spouse visa in her home country. She can't convert a visit visa to any other visa (normally) and I think the process is quite quick for US residents. Cost is 500 quid.
An chéad stad eile Stáisiún Uí Chonghaile....

Rangers78
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Post by Rangers78 » Mon Jul 16, 2007 12:56 pm

Any idea how quickly? Seen something that it can take 12 weeks, also been told it can take a matter of days.

Wanderer
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Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Post by Wanderer » Mon Jul 16, 2007 1:27 pm

Rangers78 wrote:Any idea how quickly? Seen something that it can take 12 weeks, also been told it can take a matter of days.
Anecodtally I've heard a few days, but it would depend on ur girls immigration history, has she ever transgressed, or been refused entry to the UK?
An chéad stad eile Stáisiún Uí Chonghaile....

Rangers78
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Post by Rangers78 » Mon Jul 16, 2007 1:32 pm

Not that I am aware of. She was hear before for a year on a Volunteer visa. Though she is an american citizen, she was born in South Korea.

yankeegirl
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Location: Northern Ireland

Post by yankeegirl » Mon Jul 16, 2007 2:08 pm

Once you are married, if she applies for the spousal visa in person at one of the consulates (Los Angeles, New York or Chicago) visas are usually issued the same day. If applying by post the average turnaround is 1-2 weeks.

Wanderer
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Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Post by Wanderer » Mon Jul 16, 2007 3:00 pm

yankeegirl wrote:Once you are married, if she applies for the spousal visa in person at one of the consulates (Los Angeles, New York or Chicago) visas are usually issued the same day. If applying by post the average turnaround is 1-2 weeks.
I think I might have buggered up here, I meant she should apply for Faincee visa, not spouse. Sorry!

Think the OP is not planning on marrying out of UK
An chéad stad eile Stáisiún Uí Chonghaile....

sakura
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Post by sakura » Mon Jul 16, 2007 3:19 pm

Like Wanderer mentioned, if you want to marry in the UK, you need a fiancee visa, valid for 6 months. This allows her to come to the UK but NOT work at all. Yes, she cannot work at all on a fiancee visa (better marry quickly, then!). Go to the BIA/IND website (same thing, they just changed names) and download the application for a fiancee visa.

Once here, you are normally given 6 months to marry. You need to apply for a Certificate of Approval (CoA) to marry in the UK (well, I'm not 100% sure, but I think you need that on top of your fiancee visa), which gives non-EEA nationals the right to marry in the UK. Yes - all non-EEA nationals wishing to marry in the UK needs government approval! ("so immigration rules aren't all that lax afterall!" you're thinking, right!?). This CoA is needed for any legal marriage - whether in a CoE (Church of England - they recently changed the rules), or a registry office.

Before her fiancee visa expires, and once you get married, you apply for a two-year spouse visa, in-country (i.e. no need to leave the UK). With this 2-year visa, she can work any type of job she likes (full-time, part-time, temping, etc), or study (but will have to pay "International" fees). She cannot claim public funds (but you can claim as an individual, provided you are 'settled' - i.e. have permanent residency here or are a British Citizen).

Looking further down the line - before her spouse visa expires, she can apply for indefinite leave to remain (ILR), providing she passes the Life in the UK test. Also - you two must still be in a relationship/marriage and be living as a married couple, in order for her to apply after the 2 years).

If you get married in the US (or elsewhere) - you need to check whether or not you need permission. As for visa processing times (spouse visa), I don't know about that.

Someone else can jump in to clarify if I've gone wrong.

Wanderer
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Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Post by Wanderer » Mon Jul 16, 2007 3:23 pm

Don't think you need a CoA on top of a Fiancee visa mate! UK gov seems to missed that way of getting an extra visa fee......
An chéad stad eile Stáisiún Uí Chonghaile....

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