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Discussion Starter · #1 ·
Hi everyone,

I am a British citizen that has spent the past 4 and a half years as a student in a University in Oklahoma, USA. Here I have met my fiancé, who is an American citizen, and it is our desire to marry and settle in England, for the foreseeable future. She has visited England and stayed with my family on 5 separate occasions, so she knows what she is letting herself in for! ha
We were last in England together for Christmas 2012, and during our stay we set a date for our wedding at my local Church for the 22nd of March 2014. Our plan has been to travel back to England together, a few days before Christmas 2013, and remain in the UK until our wedding day.
I know it is necessary to obtain a visa for my fiancé. I am just unsure as to which visa option would be best in our situation. Being a student in the US, I do not currently meet the financial requirements necessary to sponsor her on a fiancé visa. We had considered getting married here in the US prior to our return to the UK, though I believe similar financial criteria would again be a stumbling block upon applying for a spousal visa. We would like to avoid any separation time, if possible, and are starting to get a little anxious as our desired departure date moves ever closer.
Any advice, or guidance anyone could offer would be greatly appreciated! Many thanks for your time!

Best wishes,
Andrew.
 

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Not a good news, I'm afraid.
You as the British partner have to meet the financial requirement, and as you are currently not in work in US earning £18,600, you must return to UK and work for 6 months earning the minimum required, and then you can sponsor her for settlement visa (fiancée visa). This will enable her to come to UK to get married, switch to leave to remain (LTR) as spouse and stay on, or if already married in US, can live in UK for 2.5 years (spouse visa). With either, at the end of the initial period, she renews her leave for further 2.5 years, and then she can apply for settlement.
Or in the unlikely event of having savings between you of £62,500, you can sponsor her straightaway.
Other routes include Tier 4 student visa for her to do further studies in UK, and sponsored Tier 2 General visa, but unless she is in shortage occupation, very difficult to obtain. Americans can't have ancestry or Tier 5 youth mobility scheme visa (working holiday).
 

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Discussion Starter · #3 ·
Joppa,
Thank you very much for your response. We were fearing this scenario, and were just hoping there was some way around it. As our wedding plans for March 2014 are already in full swing, with payments made, etc. It seems like our only option would be to try and obtain a marriage visa. From my research, it states that this visa would give my fiancé the opportunity to remain in the UK for 6 months with the legal right to marry at some point during that time. Thus, this would enable us to travel to England together in December, and marry in March. Do you know if I'm correct in believing that this is a viable option?
If so, my intention would be to obtain work at the earliest opportunity once arriving back to England in December, and my parents are more than happy to provide us with a place to stay. If this all went to plan, do you know if there is any way that she could stay beyond the 6 month period once we are married? If this were not possible, and she was forced to return to the US after the 6 month period, do you have any idea how long it would take for a spouse visa to be granted?
Thank you again for your time, we really appreciate it!:)

Andrew.
 

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Spouse settelement visa. ON HOLD

Hi, i am also new to this forum and i am really unsure about whether i am posting on the correct page. I would really appreciate some advice please.

I have just found out today my case is on hold reason being i did not submit CONTINUOUS 6 months proof etc as during this time 1 month i was in Pakistan due to an emergency and was on unpaid leave. But because i earn over the 18,600 they said they will not refuse me pending on the legislation changes etc the whole (13,600 pound change). Excluding the month wage slips i do not have due to unpaid leave i submitted 27 week payslips. However in the letter a paragraph states

"In the meantime by 03 October if you submit any further information or documents it must relate directly to the reasons given above as to why you do not meet the income threshold requirement. It must also relate only to your circumstances and or those of your sponsor . If on the basis of this further information or documents provided they meet the requirements then your visa will be granted"

My question is this: If i got a letter from my employer confirming that they had given me unpaid leave and that i was employed by them both before and at the present time as well, should that be enough? Because they are asking why i did not have the one month pay slips as i am presuming they must be under the false impression that i had left work then when i hadn't, it was just unpaid leave. The missing month due to which employment was not 'continuous' was because during that month my husband fell critically ILL and i needed and wanted to be with him in Pakistan. We have evidence of doctor letters and medication receipts for this. If i stated these reasons along with evidence to show i was on unpaid leave and was still in employment do you think it should be adequate?

I would be grateful for a reply.

Thank you in advance
 
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