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Fiance visa denied. Appeal or get married in US and reapply?

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

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CascadianPup06
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Fiance visa denied. Appeal or get married in US and reapply?

Post by CascadianPup06 » Tue Dec 31, 2013 6:18 am

My fiance visa was denied on some easy to fix technicalities. We meet all the requirements, but need to get better docs from his work, land lord and more evidence that we are planning to get married. We CAN get all these docs, and appeal and keep moving forward. However I was wondering if anyone knew of a reason NOT to just get married while my fiance is here in the US on holiday then submit a new marriage visa application with all the required documents as well as our marriage certificate. I have two questions:

1) Would an unappealed fiance visa denial look bad and prevent us from being able to get the marriage visa?

2) What does the appeals process look like?

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Casa
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Re: Fiance visa denied. Appeal or get married in US and reap

Post by Casa » Tue Dec 31, 2013 9:48 am

An appeal is lengthy and you're unlikely to be able to submit documents which weren't available to the ECO in the original application. Far better to marry in the US and apply for a spouse visa. It will also be cheaper as you'll only have one application to submit, rather than two applications (FLRM) with a fiance visa. Also, you'll be able to work legally on entry into the UK with a spouse visa. The fact that you haven't appealed the refusal of a fiance visa won't matter. Just make sure you have all your documents in order before you apply.
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MPH80
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Re: Fiance visa denied. Appeal or get married in US and reap

Post by MPH80 » Tue Dec 31, 2013 3:30 pm

Although Casa - just to point out they've already spent the money on the fiancee visa ... so the costs are now (pretty much) the same if they go appeal v.s. applying for a new spouse visa.

That's assuming they self-represent at an appeal of course (so no solicitor cost) ... and assuming they can wait for the appeal times.

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Casa
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Re: Fiance visa denied. Appeal or get married in US and reap

Post by Casa » Tue Dec 31, 2013 4:21 pm

Well spotted MPH80. :wink: I missed that point.
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SoHopeful
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Re: Fiance visa denied. Appeal or get married in US and reap

Post by SoHopeful » Tue Dec 31, 2013 7:56 pm

Although applying for a spouse visa won't affect the immigration process, all subsequent applications for FLR and ILR will not be considered as straightforward, so you may not be able to get a same day response if you opt for the premium services in here in the UK.

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Casa
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Re: Fiance visa denied. Appeal or get married in US and reap

Post by Casa » Tue Dec 31, 2013 9:16 pm

There's no reason why the refusal of a fiance visa (due to not submitting required documents)
should have any affect on future visa applications in other categories.
(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.

SoHopeful
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Re: Fiance visa denied. Appeal or get married in US and reap

Post by SoHopeful » Tue Dec 31, 2013 9:20 pm

I'm not suggesting it will but I think they should be mindful they could possibly be wasting money paying for premium service when the application will not be considered as straight forward and the decision not made same day.

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Casa
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Re: Fiance visa denied. Appeal or get married in US and reap

Post by Casa » Tue Dec 31, 2013 9:28 pm

If a spouse visa is granted then as long as all documents are in order for FLR and ILR then there's no reason the applications shouldn't be considered as straightforward.
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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.

SoHopeful
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Re: Fiance visa denied. Appeal or get married in US and reap

Post by SoHopeful » Tue Dec 31, 2013 9:52 pm

Well I can only assume that the UKBA reserve the right to look further into someone's application based on previous refusal whenever they please, straight forward or not at that time. I have seen a few (and read a few) cases where this occurred and the only issue was a previous refusal. I just thought that was a blanket rule given that was the only common factor.

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