US visa denial decided for UK visa for my wife!

[gold leaf]

ok where to start.?.my recent petition for a k3 was denied.
So my wife has decided she wants to come here to the UK to live with me.
We married last October in the states,i spent 3 months living with her and returned home late January.
I just wanted to know what forms does she need to fill out?.
Also if all goes well with the application for her settlement visa and she books her flight does she have to book a return flight?.
Also a little info on the process would be great help!.
I have done some reading on here and the uk boarder control site's maybe its just me but its quite confusing.so yeh what forms.where to file.and what she needs to file along with it,.also what do i need to do as the UK citizen sponsor?
I'm currently staying with family rent free so my wage is my own,they have also said when my wife arrives she can stay rent free until she has found work.Of course then we will look for our own place.will this make any problems for her application?

[Bevdeforges]

There have been several recent threads right here on the forum about how to get a spouse visa for the UK, including some fairly detailed listings of the sorts of documents you'll need to submit with your application.

Use the search function on the menu bar at the top of the page and you should find all sorts of information you're looking for.
Cheers,
Bev

[gold leaf]

heya bev thanks for the reply.im looking at threads now,but cant see what form my wife needs to fill out.

[Joppa]

Originally Posted by gold leaf

heya bev thanks for the reply.im looking at threads now,but cant see what form my wife needs to fill out.

The procedures are:
1) Make online application through UK Border Agency at WorldBridge site and pay the fees. See below. You want form VAF4A at Visa application forms
2) Make an appointment for biometrics to be taken (fingerprint scan and digital photo) and attend.
3) Within 2 weeks of biometrics being taken, send or hand in supporting documents plus passport at British consulate.
4) Wait for the visa. When granted it will be for 28 months, and after living in UK for 2 years you apply for indefinite leave to remain (ILR).

https://www.visainfoservices.com/Pag...wDoIApply_PAGE
for how to apply for a visa. You want details for Settlement visa.
Settlement - visa application guide
Supporting documents with link to Guidance for Settlement
Maintenance & Accommodation (MAA)

If you opt for priority service and pay $300 extra ($1500 total), your application will be processed within 10 days. Otherwise you may have to wait up to 10-12 weeks.
As a sponsor, you will have to complete part of the online application form and furnish supporting documents as indicated. You wil also need a photocopy of the bio pages of your passport to be included (but not the passport itself).

[Punktlich2]

Originally Posted by Joppa

The procedures are:
1) Make online application through UK Border Agency at WorldBridge site and pay the fees. See below. You want form VAF4A at Visa application forms
2) Make an appointment for biometrics to be taken (fingerprint scan and digital photo) and attend.
3) Within 2 weeks of biometrics being taken, send or hand in supporting documents plus passport at British consulate.
4) Wait for the visa. When granted it will be for 28 months, and after living in UK for 2 years you apply for indefinite leave to remain (ILR).

https://www.visainfoservices.com/Pag...wDoIApply_PAGE
for how to apply for a visa. You want details for Settlement visa.
Settlement - visa application guide
Supporting documents with link to Guidance for Settlement
Maintenance & Accommodation (MAA)

If you opt for priority service and pay $300 extra ($1500 total), your application will be processed within 10 days. Otherwise you may have to wait up to 10-12 weeks.
As a sponsor, you will have to complete part of the online application form and furnish supporting documents as indicated. You wil also need a photocopy of the bio pages of your passport to be included (but not the passport itself).

The OP should note that if the normal UK procedure becomes unaffordable or even impossible, or the wait ridiculous (as in South Asia), an application under EEA provisions may be a solution, although it would involve the UK spouse living and working in an EU/EEA/Swiss country for six months before returning with the spouse to the UK. (And it only works, of course, if there is a UK spouse; other EU/EEA/Swiss spouses just file form EEA1, etc. UK Border Agency | Applying under European law )

[Joppa]

Originally Posted by Punktlich2

The OP should note that if the normal UK procedure becomes unaffordable or even impossible, or the wait ridiculous (as in South Asia), an application under EEA provisions may be a solution, although it would involve the UK spouse living and working in an EU/EEA/Swiss country for six months before returning with the spouse to the UK. (And it only works, of course, if there is a UK spouse; other EU/EEA/Swiss spouses just file form EEA1, etc. UK Border Agency | Applying under European law )

One disadvantage of EEA route is it takes longer (5 years) to attain indefinite leave status, while under UK immigration law it's 2 years for those married for less than 4 years, and immediately for those who have. Also if you move under EU law you cannot apply for naturalisation as British citizen for 5 years, under UK rules you can in three years. While it may not matter much to most people, if you have plans to return to US, it may restrict your options for going back to UK as a returning resident or a dual national.

[Punktlich2]

Originally Posted by Joppa

One disadvantage of EEA route is it takes longer (5 years) to attain indefinite leave status, while under UK immigration law it's 2 years for those married for less than 4 years, and immediately for those who have. Also if you move under EU law you cannot apply for naturalisation as British citizen for 5 years, under UK rules you can in three years. While it may not matter much to most people, if you have plans to return to US, it may restrict your options for going back to UK as a returning resident or a dual national.

Yes and no. See Chen & Zhu v. Home Secretary celex-txt - 62002J0200 -

An Irish citizen will never be considered an alien in the UK (Aliens Act 1935): "The principal Irish legislation relating to the definition of aliens is the 1935 Aliens Act which in section 2 defines an alien as 'a person who is not a citizen of Saorstát Éireann.'" (amended, however, by subsequent statutory instrument).

In other words: if you're Irish none of what Joppa writes above matters very much.

[Joppa]

Originally Posted by Punktlich2

In other words: if you're Irish none of what Joppa writes above matters very much.

Why is being Irish relevant in OP's case? OP's wife is American, doesn't say anything about being Irish, so what I have written stands.
It's all very well quoting your superior knowledge, but unless it's relevant, it doesn't help the OP one iota, and only serves to confuse.

[Punktlich2]

Originally Posted by Joppa

Why is being Irish relevant in OP's case? OP's wife is American, doesn't say anything about being Irish, so what I have written stands.
It's all very well quoting your superior knowledge, but unless it's relevant, it doesn't help the OP one iota, and only serves to confuse.

Obviously I thought that the OP mentioned something that made possession of EU rights relevant.

I can't be bothered to check now. I don't have "superior knowledge"; I write, in effect, as if I were a librarian to put some stuff into the archives.

I'm outta here; I only logged on as a visitor this week b/c I had nothing better to do while it was raining.

Have fun.

[Nemo.]

Originally Posted by gold leaf

ok where to start.?.my recent petition for a k3 was denied.
So my wife has decided she wants to come here to the UK to live with me.
We married last October in the states,i spent 3 months living with her and returned home late January.
I just wanted to know what forms does she need to fill out?.
Also if all goes well with the application for her settlement visa and she books her flight does she have to book a return flight?.
Also a little info on the process would be great help!.
I have done some reading on here and the uk boarder control site's maybe its just me but its quite confusing.so yeh what forms.where to file.and what she needs to file along with it,.also what do i need to do as the UK citizen sponsor?
I'm currently staying with family rent free so my wage is my own,they have also said when my wife arrives she can stay rent free until she has found work.Of course then we will look for our own place.will this make any problems for her application?

Hi mine took two years. I won on appeal I did myself. Immi argued that I had a fake wedding (despite wedding video of 600 guests, bill receipts, pictures, statements from friends when we met etc and proof we lived together overseas) AND argued I had spent all my funds on the wedding lol. Not funny then. It ruined my banking career as I left England and spent a lot on the appeal. 1.5 million east europeans came on legally so the government started clamping down on the 50,000 spouse visas a year to show they are tough on immigration! Go figure that out.

Good luck and use a good lawyer! I know a lot of men that just gave up and got divorced so get a good lawyer to sort out the appeal