Getting UK spouse Entry Clearance in New York

[Lady K]

Thanks to all of your kind advice, we have decided to take the route most likely to succeed, travelling to New York with all the documents we were required to submit for the first Spouse 2 year Leave To Remain. Does anyone know if using an agency to submit our application to the Consulate General, as is now required, do I atill apply online, or once I arrive, and do I take the appointment they offer me for the biometric Scan, THEN make my travel plans based on that appointment? ie, Can I arrive on a Monday, for a Tuesday biometric scan appointment, take my docs to the agency , have them submitted to the consulate next day? And does anyone know how long my type of visa would roughly take to approve? NEVER any recourse to public funds, never any other infractions of the law. Our application is very strong...good income and job security for my husband, lots of letters of support from our strong UK connections.
Oh and last question, does my British husband need any kind of Visa to travel to the US? He obtained his newest passport in 2004
Thanks In Advance, K

[yankeegirl]

It is still required to first do the online application. That is the first step. At the end of the on-line application process, it will have you make an appointment at the nearest USCIS center for the biometrics. You should be able to do this part before leaving the UK, and then go to the biometrics appt at said date/time/place once in the US.

Now once that is done, you can take it to a courier and they will take it to the NY consulate. Usually, if the courier drops it off first thing in the morning, the consualte will process the application that same day, so you could have it back the following day. There is a list of approved couriers on the NY consulate webiste; you could call a few and get price quotes and get more detailed info from them. There is no way though to say with certainty how long it will take to process. The good thing though is the US is very quick compared to a lot of other countries. Even those sending applications via snail mail usually get everything back in a week or two.

Something to be aware of: People applying in the LA catchment area are having to wait a couple of weeks from the time they do the online app to when they get the biometrics appointment, there aren't alot of open appointment slots there. I haven't heard anything about NY, but just be aware that may come up.

Also, the spousal visa form itself may have changed from the last time you applied. You can go to the UKVisas site and have a read through the VAF4 guidance notes to make sure you have everything they will need.

As far as your husband, as long as the stay is for less than 90 days, he can just enter on the visa waiver.

[Lady K]

Thanks so much, Yankee Girl! I am estimating we will have all of our documentation, and sufficient funds together to cover all possibilities in a bout three weeks, so I will apply then, get the scan date, then book flights and hotel...sound right? Do you really feel even an overstayers application has the possibility of a same day answer...I will run out in to the garden and do a little dance if you say yes!!

[yankeegirl]

The one good thing you have going for you is that you'll be applying in the US. They have pretty quick turnaround times compared to a lot of other countries.

There's another forum you might want to check out for recent application experiences in the US. www.uk-yankee.com I can't think about any very (in the last month or two) posters who returned and made applications following a period of overstay, but there was a gentleman that posted his experience with the NY consulate I think it was the very end of 2007/start of 2008. He had overstayed, returned to the US and applied by post. If I remember right, he had the visa in hand in about a week.

I had gotten mine same day after overstaying, but that was March 2007, when you could still apply in person and long before the talk of these new rules that are coming into effect.