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bev-guidance-please!!

4636 Views 32 Replies 6 Participants Last post by  thegirl, 
peppera-ann-
alrighty-
can you tell me the probability of ...
Getting accepted if he is still here when we file for the spousal visa.Things are escalating here faster than we thought they would regarding staying at the hotel.
If we were completely honest (would be anyway of course)in explaining our situation on the visa etc.?
I know that if we are denied we have 28 days in which to file an appeal if they deny us? At that time I suppose we could send him home asap and file the appeal?
I know that it is best to send him home asap! but this is my question about hime being here and applying.
thank you bev-and everyone!
cheers
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peppera-ann-
or anyone????
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jojo
I'm not sure anyone else would know the full history of your problem. I certainly dont, sorry, but I know its complicated and that Bev has been helping you. If its that you want to go to the UK then I personally would say DONT its horrible there, get your husband to move to the US????

Sorry, I'm sure thats the wrong answer for you lol !! Bev, I'm sure will be along shortly

Jo xxx
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peppera-ann-
jojo said:
I'm not sure anyone else would know the full history of your problem. I certainly dont, sorry, but I know its complicated and that Bev has been helping you. If its that you want to go to the UK then I personally would say DONT its horrible there, get your husband to move to the US????

Sorry, I'm sure thats the wrong answer for you lol !! Bev, I'm sure will be along shortly

Jo xxx
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well he will be banned from the usa...so really no other option..
but why horrible???
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Minuvweyna
Pepper-Ann,

I mean no offense to Jojo or anyone else who has left the UK because they prefer somewhere else, but I think you will find that there are those that love and hate any country. Their opinions are valid, but they are in fact opinions, and there is no guarantee that you will agree with them (I don't like the US much, but there are many who love it there, and that doesn't make them, or me, wrong). In the end only you and your fiance will be able to determine if the UK will be a good place for the two of you. Since your fiance is a UK citizen he should be able to tell you a lot about it and I'm sure you have discussed the pros and cons of the move.

I've seen a few of your posts, and your situation sounds very complicated. You are almost certainly correct that he will be banned, so living in the US together isn't an option. Always remember though, if the two of you decide you don't like the UK, once you're there, as he is a citizen of an EU member country you will have a lot of flexibility to move around Europe as you wish.

Don't let anyone rattle you about your plan to move to the UK. Just focus on getting married and getting through the visa process for now, you will have plenty of time to see if Spain or France or Italy, etc are more to your liking. That is, of course, if you find the UK not to be to your tastes - and there are many of us that love it in the UK, you may well be one!

I did have a thought, but it will need to be confirmed by those who know more. If your spousal visa to the UK is rejected you might try the EEA Family Permit route (by moving somewhere in the EU together, once married, for 6 months). That might ease your transition to the UK if it came to that. I'm not certain.

I hope someone with more information on your situation can be of more practical help, but I thought I would at least offer a word of reassurance, as you undoubtedly have enough stress just now.

Best of luck,
Elizabeth
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jojo
peppera-ann- said:
well he will be banned from the usa...so really no other option..
but why horrible???
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As Minuvweyna has pointed out, its just my opinion and we're all different. I found it cold (both in climate and the people), claustrophobic, grey, miserable, opressive, decaying and it seems to me that its seriously falling apart in this economic crisis ( can you tell I dont like it lol). So we live in Spain!!

Jo xxx
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Fatbrit
peppera-ann- said:
alrighty-
can you tell me the probability of ...
Getting accepted if he is still here when we file for the spousal visa.Things are escalating here faster than we thought they would regarding staying at the hotel.
If we were completely honest (would be anyway of course)in explaining our situation on the visa etc.?
I know that if we are denied we have 28 days in which to file an appeal if they deny us? At that time I suppose we could send him home asap and file the appeal?
I know that it is best to send him home asap! but this is my question about hime being here and applying.
thank you bev-and everyone!
cheers
Click to expand...
Your chances of getting a UK visa increase greatly when he is on the ground in the UK with a job to support you and place for you to live. He needs to get back ASAP and start working on these things so they are current when the time comes for your visa application.
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Minuvweyna
It's really all about where you're from. I come from Michigan in the US. So now that I live in Scotland I find the weather gentle, mild, never too hot or cold, and never so dry that all my skin decides to peel off every winter! I also don't turn into a lobster after less than 10 minutes in the sun during July and August, so I'm one of the people who is a big advocate for British weather. In comparison to midwest manners (or lack thereof) I find most people here to be far more polite and less nosey, which I find a blessing. And the accents are a delightful side bonus. ;) Economically it's definitely weathering worse than some places and better than others (Michigan has had a mass exodus of population and is still hovering around 12% unemployment, so Scotland doesn't seem so bad to me).

It is all about perspective. I don't know where you are moving from, but I expect you will find some things to be better and may miss some other things, but that would be true if you moved to a distant region of the US (Maine to Texas might be an even bigger culture shock!)

Elizabeth
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peppera-ann-
Minuvweyna said:
It's really all about where you're from. I come from Michigan in the US. So now that I live in Scotland I find the weather gentle, mild, never too hot or cold, and never so dry that all my skin decides to peel off every winter! I also don't turn into a lobster after less than 10 minutes in the sun during July and August, so I'm one of the people who is a big advocate for British weather. In comparison to midwest manners (or lack thereof) I find most people here to be far more polite and less nosey, which I find a blessing. And the accents are a delightful side bonus. ;) Economically it's definitely weathering worse than some places and better than others (Michigan has had a mass exodus of population and is still hovering around 12% unemployment, so Scotland doesn't seem so bad to me).

It is all about perspective. I don't know where you are moving from, but I expect you will find some things to be better and may miss some other things, but that would be true if you moved to a distant region of the US (Maine to Texas might be an even bigger culture shock!)

Elizabeth
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haha and im coming from Central Texas...never been out of the states before. I have done so much research to try and prepare for the culture shock.
We celebrated our 1 year anniversary just 2 days ago and in November will have been living together for 2 years.
We have been looking at the wait times, 5 months i have seen, and I just dont want to be apart for that length of time. We know that it will be better if he was there, I am just curious if anyone has actually gotten an approved visa with the sponsor/spouse still in the other country.
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peppera-ann-
Fatbrit said:
Your chances of getting a UK visa increase greatly when he is on the ground in the UK with a job to support you and place for you to live. He needs to get back ASAP and start working on these things so they are current when the time comes for your visa application.
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yes sir,
but have you seen anyone that has stayed and was still approved? we just dont want to have him go (he will be banned) and then get denied for some reason and then not be able to be with each other.
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Fatbrit
peppera-ann- said:
yes sir,
but have you seen anyone that has stayed and was still approved? we just dont want to have him go (he will be banned) and then get denied for some reason and then not be able to be with each other.
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There are no guarantees in immigration -- you just attempt to minimize the risks. He needs to be over in the UK now doing just that!
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peppera-ann-
jojo said:
As Minuvweyna has pointed out, its just my opinion and we're all different. I found it cold (both in climate and the people), claustrophobic, grey, miserable, opressive, decaying and it seems to me that its seriously falling apart in this economic crisis ( can you tell I dont like it lol). So we live in Spain!!

Jo xxx
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well me coming from Texas...we are very hospititable and it is hot here. So the shock of it all may give me a heart attack
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Minuvweyna
peppera-ann- said:
yes sir,
but have you seen anyone that has stayed and was still approved? we just dont want to have him go (he will be banned) and then get denied for some reason and then not be able to be with each other.
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If the wait times are up to 5 months, you really might want to think about the EEA Family Permit. It would take 6 months, but I think you wouldn't have trouble staying together. Of course moving to somewhere else in Europe might be difficult if you do not have funds and are relying on help from his family (not sure if you said you were). Language might also be a barrier (but the Republic of Ireland might be one to consider in that case). I know there are threads about the topic. I'm no expert, as I've not gone that route.

Elizabeth
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Minuvweyna
Also, I really think Fatbrit is probably right. If your husband (sorry, I thought you guys were pre-marriage! oops!) stays in the US in breach of his visa and you are refused the spousal visa, then the US is still not going to let him stay and he could be deported at any time. Him staying in the States might just jeopardize your initial application and his quick return during the 28 day appeal period is not going to give him time to find employment, so it might not help your appeal much, simply because you won't have time for his return to the UK to have done any good.
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peppera-ann-
Fatbrit said:
There are no guarantees in immigration -- you just attempt to minimize the risks. He needs to be over in the UK now doing just that!
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again, yes sir we know that. My question to everyone is , has anyone been granted with the type of situation i am in?
I realize what should be done. But am wondering (because it states on the website) if it says spouse/sponsor is coming with you or in current country already....
if we could do that?
thank
pepper
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peppera-ann-
Minuvweyna said:
Also, I really think Fatbrit is probably right. If your husband (sorry, I thought you guys were pre-marriage! oops!) stays in the US in breach of his visa and you are refused the spousal visa, then the US is still not going to let him stay and he could be deported at any time. Him staying in the States might just jeopardize your initial application and his quick return during the 28 day appeal period is not going to give him time to find employment, so it might not help your appeal much, simply because you won't have time for his return to the UK to have done any good.
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yes mam, that is just it. funds...ugh.
he came in on his passport 90 day you know. We honestly didnt even know it would be an issue.I wish i had now.
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jojo
peppera-ann- said:
again, yes sir we know that. My question to everyone is , has anyone been granted with the type of situation i am in?
I realize what should be done. But am wondering (because it states on the website) if it says spouse/sponsor is coming with you or in current country already....
if we could do that?
thank
pepper
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I think the answer to your question is "probably but who knows!"

Jo xxx
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Fatbrit
peppera-ann- said:
again, yes sir we know that. My question to everyone is , has anyone been granted with the type of situation i am in?
I realize what should be done. But am wondering (because it states on the website) if it says spouse/sponsor is coming with you or in current country already....
if we could do that?
thank
pepper
Click to expand...
US immigration is a lot easier in one (and probably only one!) respect: they give you clear rules for the financial obligation. With UK immigration you're guessing a bit. But with nowhere to live in the UK, no income and no capital....you're heading for a no. Two of those you could put right now -- and then you're in with a good chance. But you (or rather he) needs to do it rather than think about it.
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peppera-ann-
Fatbrit said:
US immigration is a lot easier in one (and probably only one!) respect: they give you clear rules for the financial obligation. With UK immigration you're guessing a bit. But with nowhere to live in the UK, no income and no capital....you're heading for a no. Two of those you could put right now -- and then you're in with a good chance. But you (or rather he) needs to do it rather than think about it.
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well we will have money in his account in the uk, and we are saving some here. should have 3k there and enough here to get the visa and tickets with about 1k left over.
Also will be living with his parents in 3bedroom home. He also has a job possibly waiting on him when we get there.his friend owns his own business and said he can work there.He will provide a letter as well stating it...I just dont want to ruin our chances, but we also dont want to be apart for a 1/2 a year
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Fatbrit
peppera-ann- said:
well we will have money in his account in the uk, and we are saving some here. should have 3k there and enough here to get the visa and tickets with about 1k left over.
Also will be living with his parents in 3bedroom home. He also has a job possibly waiting on him when we get there.his friend owns his own business and said he can work there.He will provide a letter as well stating it...I just dont want to ruin our chances, but we also dont want to be apart for a 1/2 a year
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Not sure where the 6 months is coming from? You should be there within a month or two from application -- albeit with more hoops to jump through. But your chances would be greater if he were already working the job.
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