How long can I expect to wait?? USA citizen married to UK

[yelobuni]

My husband I decided to opt for the mail application seeing as the price increased dramatically since I got my 2 year marriage visa, and had absolutely no problems getting that one in person. We sent it away on 22/08/12 and received a letter in the post on the 29/08/12 confirming they have received the application and have taken the money out of our account. Unbeknownst to both of us, but written in the letter they sent us, 99% of cases are decided within 6 months! 6 months?!?!?!?! I thought it would have taken a few weeks tops!! We have a holiday booked and paid for in Spain in the end of November and we're now freaking out that we'll not have our passports back in time. We would have applied earlier, but if you apply before 28 days before your expiry date of marriage visa you can get declined but they keep your money. The letter also states that if you need documents back you have to write to them and give them 20 days notice to send them back (which makes me wonder why I sent them a self-addressed SPECIAL delivery stamped packet at £10) but that our application can be denied if we need documents back but they will not refund the money. They've also specifically stated not to call/email/write to find out the process of the application. I am wondering if there are any other Americans out there who have gone through this process via mail and how long it took to receive their documents and decision?? Also, if you needed documents back earlier how did you go about letting them know?? Any help would be greatly appreciated.

Thanks,
Heather (and Scott)

[MPH80]

Just to be clear - you're applying for ILR using SET(M) right?

[yelobuni]

Yes sorry I left that bit out.

[Greenie]

Your nationality is not relevant to how long the application will take to be considered. You can find timelines for set(m) here.

http://www.immigrationboards.com/viewto ... start=3920

if you request your passport in order to travel outside the country your application will be deemed withdrawn (and you won't get refund)

[Casa]

Quote "We would have applied earlier, but if you apply before 28 days before your expiry date of marriage visa you can get declined but they keep your money". It's not 28 days before the expiry date. You could have applied 28 days before the 2nd anniversary of your UK entry date.
There's a considerable backlog for most visa applications submitted from within the UK and staff holidays won't have helped.

[yelobuni]

Casa, I'm really confused...that makes no sense. I've lived in the UK for 6 years. I married my husband after 4 years, so I could apply for indefinite leave to remain 28 days before my 2nd anniversary of living here, then I wouldn't have needed to get married at all...It clearly sates, plus I was told when I applied for my 2 year marriage visa resident card that I was to apply for indefinite leave to remain using set (m) no more than 28 days before THAT visa expired..

[Casa]

In your case you're correct...but you didn't give the information that you were already living in the UK when you were granted your spouse visa.
There's a considerable back-log for ILR postal applications at present by the way.

[yelobuni]

Yikes...any idea how long?? If we had known it was going to take so long we would have done it in person. We applied for my visa in person and it took less than an hour so thought what was the point in spending all that money when our case was so straight forward so applied via post this time around. We were never told how long it would take and we booked a holiday back in May for November and now don't know if we should cancel it and at least get our deposit back or just continue waiting. We've tried calling but the people who answer the phone claim to not know anything or any numbers of people who would know something. I just want to know if my case has even been assigned to a case worker or what the current waiting time is but the three different people I've spoken to have been very unhelpful. I don't understand how I can spend £10 for a pizza from Dominos and track it even when it's in the oven and being made, etc yet I pay out a grand and receive the worst customer service ever.

[Casa]

6 months on average at present. After this time you have the right to contact them for an update on progress.