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Potential Marriage Visa? Got some questions

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Complimints
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Potential Marriage Visa? Got some questions

Post by Complimints » Sat Oct 23, 2010 11:28 pm

I am English, I met an American girl while I was living in Australia for a year, we are in love and had an amazing time together, but I had to come home to England a few months ago, and she is coming to see me next month to visit, she really wants to come and live with me and I intend on asking her to to marry me.

I've been doing so much reading but I cant see to get the to bottom of the subject. She will be on a 6 month tourist visa but how easy is it to change that to a spouse visa, what is the process and will we be eligable? She really wants to work here.

Im TOTALLY confused by the COA guide i've read it over and over and cant work out if she is eligable on the 6 month tourist visa, can anyone give me any advice, I know they are changing it soon but I dont think I can wait for that really.

MPH80
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Post by MPH80 » Sat Oct 23, 2010 11:39 pm

She will be on a 6 month tourist visa but how easy is it to change that to a spouse visa, what is the process and will we be eligable?
You cannot change from a tourist visa to any other category from the UK - she will need to return home and apply for a spouse/fiancee visa.
Im TOTALLY confused by the COA guide i've read it over and over and cant work out if she is eligable on the 6 month tourist visa, can anyone give me any advice, I know they are changing it soon but I dont think I can wait for that really.
She can apply for a COA - however, it will take a while to process - and is *not* an extension to her visa - so if the COA isn't approved in the timescale of her visa - she'll have to leave anyway!

Either way - even if you do get the COA in time - she'll have to return to the states to apply for the spouse visa.

In these circumstances I think it makes more sense to either:

a) Find a visa category that means she can come and live here in her own right (Tier 1/Tier 2 most likely). She'll need to apply for that from the USA.

b) Both return to the states, get married there (even if a small legal ceremony) and apply for spouse visa. Then return. Have big wedding here if that's your desire.

c) Have her come here, make sure she likes it on the tourist visa. Propose. Have her return to the states, apply for the fiancee visa - which allows her 6 months entry provided you get married in that time and can then be extended to a 2 year visa.

All of these options have different costs and requirements. Option a will probably be the least expensive in the long run.

M.

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Post by Casa » Sun Oct 24, 2010 3:08 pm

MPH80 has given you good advice. If she is legally resident in Australia you could marry, or apply for a fiancee visa from there.
Are you both over 21?

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