[Essie]

I am a US citizen who married a UK citizen last June 2011. At the time, my husband was on an L1 work visa but has since expired. We are now planning to move to the UK.

We have researched the uk visa application process on different sites and we have a number of questions.

-Is it best to apply for my visa from the US or is it possible to apply once we are
in the UK? For example by entering on a tourist visa with the clear intention of
settling?
-Will the fact that my husband has spent a number of months in the US past his
visa expiry date effect the approval of my visa application?
-What are all the documents that we need to show or submit? I see that
the Border website asks for a marriage certificate, my passport,
proof of age, and proof that we have met. Do we also need to show my
birth certificate?
-I have also seen that it is suggested to submit 6 months worth of pay
stubs and bank statements in order to prove that my husband can provide for me once I arrive in the UK. We have not kept these records and I
wonder where that might leave us.
-Also, we are planning to stay with my in-laws once we arrive in the
UK. Would it be helpful to include certified copies of his parent's
mortgage in order to prove they in fact own the house? Would a written
statement from his parents stating that we will be staying with them
and that they are willing to help in supporting us as we settle be
useful?
-I am also currently unemployed and receiving unemployment benefits.
How might this affect my visa approval? Would it be useful to submit
letters of recommendation from my previous employers vouching for my
work ethics?

Any further information you might have to clarify the process for us
and to put some of our worries at ease would be greatly appreciated.

Thanks Everyone!
Essie
:noidea:

 

[nyclon]

-Is it best to apply for my visa from the US or is it possible to apply once we are
in the UK? For example by entering on a tourist visa with the clear intention of
settling?

You have to apply from the country in which you normally reside, which is the US. You absolutely, positively cannot switch from a visitor visa to any other visa.

-I have also seen that it is suggested to submit 6 months worth of pay
stubs and bank statements in order to prove that my husband can provide for me once I arrive in the UK. We have not kept these records and I
wonder where that might leave us.

You husband needs to prove that he can provide for you in the UK. His former US job isn't going to help provide for you in the UK.

-Also, we are planning to stay with my in-laws once we arrive in the
UK. Would it be helpful to include certified copies of his parent's
mortgage in order to prove they in fact own the house? Would a written
statement from his parents stating that we will be staying with them
and that they are willing to help in supporting us as we settle be
useful?

If your husband does not have a job lined up and the 2 of you don't have sufficient savings to show that you have £105.95/week left over after paying rent and council tax (which presumably you won't be paying if you are living with your in-laws), then yes you may have to rely on your in-laws to be co-sponsors. As co-sponsors they are legally responsible for you financially and they will need to provide a written statement confirming that they are willing to support you. Staying with your in-laws is fine as long is there is enough room for you and yes they will have to provide a statement to that effect.

This link to the UK Border Agency website should get you started on the process and what documents are needed:

UK Border Agency | Husband, wife or civil partner of a British citizen or settled person

 

[Essie]

Thanks for the information!

My husband doesn't really have too much work in the US at the moment anyway but he is looking for work in the UK. We are moving back to his home town so he feels that he will pick up work within a couple of week of us being there.

We will have enough saved up to allow me to live off 105 pounds a week for just under half a year. Both his parents work and have savings so I'm wondering if they could sponsor me as their daughter-in-law as opposed to my husband sponsoring me as his wife?

Thanks again,
Essie.

 

[nyclon]

Thanks for the information!

My husband doesn't really have too much work in the US at the moment anyway but he is looking for work in the UK. We are moving back to his home town so he feels that he will pick up work within a couple of week of us being there.

We will have enough saved up to allow me to live off 105 pounds a week for just under half a year. Both his parents work and have savings so I'm wondering if they could sponsor me as their daughter-in-law as opposed to my husband sponsoring me as his wife?

Thanks again,
Essie.

Your husband is your sponsor. Your in-laws can co-sponsor, but they cannot sponsor you.

 

[Happygrl37]

Essie is it possible for your husband to go home to the UK ahead of you and look for work? I think it would help alot if he had work lined up.

I'm not sure if his visa status in the US will affect your ability to get a visa, Joppa could probably give you the answer to that one.

 

[Essie]

Its a possibility I guess, but i really don't like the idea of traveling alone to a foreign country let alone being without my husband for 6 months.

Is this very common? Or is there other ways to get around this?

 

[nyclon]

Its a possibility I guess, but i really don't like the idea of traveling alone to a foreign country let alone being without my husband for 6 months.

Is this very common? Or is there other ways to get around this?

Not really. The whole point is that your sponsor--your husband--has to be able to support your being able to live in the country without public funds. This can be accomplished by income from a job, savings and support from a co-sponsor.

However, be aware that these are the current rules. It is very likely that the option to use a co-sponsor will be removed and that the amount required in maintenance funds will rise.

Will the fact that my husband has spent a number of months in the US past his
visa expiry date effect the approval of my visa application?

I don't know if this will have any effect on your visa application, but if your husband has overstayed his visa, depending on how long he has overstayed, he could be deported or banned from the US for a number of years.

 

[Essie]

Also ive just spoken to his parents and they can support me on 105 pounds a week indefinitely and can prove it. They also have a large amount of savings too.

So i'm wondering if this would make up for the fact that my husband has no work lined up.

 

[Essie]

He's overstayed his visa by a year.

 

[nyclon]

He's overstayed his visa by a year.

I'm no expert of US immigration or visas, but I think if your husband has overstayed his visa by more than a year, he will be banned from entering the US for 10 years.