CHANGE VISITOR VISA TO A SPOUSE VISA

[caprikid]

I have been forced to move back to the UK from the USA with my A merican wife and baby ...because of serious financial hardship ... but due to time restrictions we had to come back on a visitor visa before our money ran out ...I now need to change this to a spouse visa ...is this possible???..i have read stories from both sides of the argument..i just dont know who is right ...I think it can be done , i just need someone to point me in the right direction ..thank you

[Casa]

Unfortunately your wife can't switch from visitor to spouse from within the UK. She will have to return to the US to apply for a spouse settlement visa..form VAF4a.
Will you be able to show sufficient finances to support the application + adequate accomodation? The basic rule is you must have a minimum of £102.95 remaining weekly as a couple + £60 for a child after rent or mortgage, council tax and any credit/loan repayments.
How long have you been married and living outside of the UK (during the marriage)?

[ElenaW]

No don't apply for a spousal visa (flr(m)) it will be refused and you will waste more money that you don't have. If you're skint, your visa will also be refused. I suggest that your wife stays in the uk and gets a job. Meanwhile, you go back to the US, get any job and start saving.

[Casa]

Elena, the OP is British, his wife is American...so the wife is unable to work here.
Caprikid, what state are your finances in at present? Do you have a job or at least the offer of one? Can you afford the visa application fee, which is currently £644. When does your wife's visitor visa expire?

[ElenaW]

Elena, the OP is British, his wife is American...so the wife is unable to work here.

Oops. Wherever I put "wife" replace with "you" and vice versa

[Casa]

Good idea.

[caprikid]

funds are low at the moment.. but i have two good leads on jobs at the moment...i am living with family at this time ..they are willing to put us up for as long as this takes.. i had no choice in leaving the USA, MY FUNDS WERE ALMOST GONE ...we would have been living on the streets.....we dont have enough money to go back and apply for a spouse visa ...but i could do it from this end ...

[caprikid]

just to answer another question... we have been married for 18 months and our baby is 6 months old...visitors visa expires in 5 months

[Casa]

OK. So at present you don't have enough money for your wife to return to the US to put in the application, so as she has 5 months left on her visitor visa you don't need to apply immediately. I suggest that once you have employment (anything you can get for the time being) and you have some funds in the bank, she then goes back and puts the application in. Family can provide accommodation rent free to meet the 'adequate accommodation' regulation...this isn't counted as 3rd Party financial support. You'll need to show the property won't be overcrowded with you living there.
An application from within the UK isn't likely to succeed.

[vinny]

MY WIFES VISITOR VISA HAS NOW RUN OUT. i NEED TO CHANGE HER TO ANOTHER VISA ...I HAVE A GOOD JOB NOW AND WE ARE SELF SUPPORTING. I HAVE NOT DRAWN ON PUBLIC FUNDS IN ANY WAY AS I KNOW THIS COULD BE A PROBLEM. WHAT WOULD BE THE BEST WAY TO GO ABOUT THIS
WE ALSO HAVE A ONE YEAR OLD BABY ..
JUST IN CASE YOU ARE WONDERING MY WIFE IS AMERICAN

[vinny]

As advised before your wife cannot switch from a visit visa to a spouse visa. She needs to return to the states and apply from there.