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US Fiance application ambiguity

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

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sedm2642
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US Fiance application ambiguity

Post by sedm2642 » Tue May 06, 2014 10:40 pm

I am a UK citizen. My fiancé is from the US and were are due to be married there on June 11th. We both plan to head to the UK on July 1st for a variety of reasons. Obviously it would be cutting it a bit fine to apply for a spouse visa after the wedding so we are applying for her visa now. My reading of the regulations suggests that the fiancé visa is inappropriate (requirement to marry in the UK) and we evidently can't apply for the spouse visa right now. So that only leaves us with the option to apply for the unmarried partner. Is that the right course of action? My fiancé has her biometrics tomorrow and I am just getting a bit skittish.
Many thanks.

Wanderer
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Re: US Fiance application ambiguity

Post by Wanderer » Wed May 07, 2014 7:54 am

For Unmarried Partner you need to have lived together for 24 months as man and wife with documentary proof.
An chéad stad eile Stáisiún Uí Chonghaile....

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Casa
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Re: US Fiance application ambiguity

Post by Casa » Wed May 07, 2014 8:39 am

Wanderer is right. If you apply for an Unmarried Partner Visa you'll be refused and will lose your application fee. Your only option appears to be to delay your fiance's departure date.
(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.

sedm2642
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Joined: Tue May 06, 2014 10:32 pm

Re: US Fiance application ambiguity

Post by sedm2642 » Wed May 07, 2014 11:17 am

Actually we have lived together for the past three years. Over the past six months I have taken a job in the UK as a university researcher, living in the UK during term-time and returning to our joint flat in the US during the vacation. So my understanding is that we ought to qualify for an unmarried partner visa regardless of the marriage.

Wanderer
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Ireland

Re: US Fiance application ambiguity

Post by Wanderer » Wed May 07, 2014 11:24 am

sedm2642 wrote:Actually we have lived together for the past three years. Over the past six months I have taken a job in the UK as a university researcher, living in the UK during term-time and returning to our joint flat in the US during the vacation. So my understanding is that we ought to qualify for an unmarried partner visa regardless of the marriage.
With no gaps? How did you live in USA for six month blocks? UPV's are closely scrutinised, any long gaps will break the 24 months. When my partner and I got our UPV some years ago it took over 8 months to be granted and things have tightened up since so even if you could apply you'd have to wait a fair while.

Also do you meet the financial requirements?
An chéad stad eile Stáisiún Uí Chonghaile....

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Casa
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Re: US Fiance application ambiguity

Post by Casa » Wed May 07, 2014 4:07 pm

Where in the USA are you submitting your application? Processing times vary depending on the Visa Application Centre (VAC)
(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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