Faith13/2 Posted August 15, 2013 Posted August 15, 2013 This is a very open discussion just looking to see others situations and stories they have when it comes to applying and being either accepted/and,or denied for a Fiance Visa. My Fiance and I started our visa process in July of this year.. We chose to hire an immigration lawyer to assist seeing as we weren't exactly sure how to go about the process and didn't want to set ourselves up to fail on unfamiliar grounds. The process has been seeming to take a bit longer than anticipated with sending in documents and filling out tons of questionaires. I'm just curious to see what other people have gone through with this process whether good or bad.
CherryT Posted August 15, 2013 Posted August 15, 2013 Are you familiar with VisaJourney? They have a great resource for those immigrating to the US. I'm assuming it's the K1 visa you're talking about? Lawyers, unfortunately, can take longer. I would've suggested doing it on your own or a immigration consultant versus a lawyer. Depending on where you're immigrating from really depends. I know UK to US is a bit longer than Canada to US. Can - US currently has a processing time of 5-8 months. But that's with no issues. The process is long and there's a lot of steps to take along the way.
Author Faith13/2 Posted August 15, 2013 Author Posted August 15, 2013 (edited) I'm actually moving to the UK from the US. We are both in our early 20's and we weren't much aware of a good way to go about applying for the visa, and just didn't want to set ourselves up for being denied, seeings how getting this visa is basically our lifeline at this point. Also we originally went through a consultant and we were referred to an immigration lawyer... We have been made to believe that once the application goes out it will be either accepted or denied in anywhere from 3-12wks time.. Edited August 15, 2013 by Faith13/2
Carenth Posted August 15, 2013 Posted August 15, 2013 (edited) From what I have read on the subject fiance visas for most western countries usually take many many months and lots of documentation and questioning. They are usually very strict conditions and requirements and are not basically an easy pass to be able to live in a country. I may head down that road in a few years but for the moment I have gotten a working visa to go work in Canada so I can live with my girlfriend. I'm basically saving money at the moment and then I will be moving over there at the end of the year. She is coming to visit in 3 days! I can't wait! Edited August 15, 2013 by Carenth
Author Faith13/2 Posted August 15, 2013 Author Posted August 15, 2013 most western countries usually take many many months and lots of documentation and questioning. This is quite interesting to me as I have also read and researched and I've never seen a waiting time at that amount, but I don't doubt it nonetheless since it is such a difficult process. In my situation we have been told by our immigration consultant and lawyers that once the application is in it will only be a short time before it is either accepted or denied, i suppose we will see how it all turns out. Have a great vacation with your SO
masonlikethejar Posted August 15, 2013 Posted August 15, 2013 I actually work for an International Dating agency called A Foreign Affair (I hope I can say this) and we deal with Fiancee Visa's all the time. Well we know about the process we don't actually provide legal advice. Everything that I have seen in my experience is that a K1 Fiancee Visa is a 6-7 month process of paperwork with an attorney and then the Fiancee comes to the states for 90 days. Once the Fiancee is in the US she/he has 90 days to get married or they have to go back home. I also have learned that if you do the paperwork wrong or generally just mess up and are not analytical about the process it can lag up the process and can be a very long drawn out thing.
CherryT Posted August 15, 2013 Posted August 15, 2013 I actually work for an International Dating agency called A Foreign Affair (I hope I can say this) and we deal with Fiancee Visa's all the time. Well we know about the process we don't actually provide legal advice. Everything that I have seen in my experience is that a K1 Fiancee Visa is a 6-7 month process of paperwork with an attorney and then the Fiancee comes to the states for 90 days. Once the Fiancee is in the US she/he has 90 days to get married or they have to go back home. I also have learned that if you do the paperwork wrong or generally just mess up and are not analytical about the process it can lag up the process and can be a very long drawn out thing. This is for moving to the US. OP is moving to the UK. OP, is your lawyer providing any feedback as to why there is a delay? Weeks to get confirmation is really short compared to us waiting to move to the US. For someone in the UK going to the US it can take over a year... I'm fortunately in North America and our visa's should take about 6-12 months. We're close enough to be able to visit during the time though so the wait isn't so bad. 1
Author Faith13/2 Posted August 15, 2013 Author Posted August 15, 2013 I AM FROM THE U.S.A AND I WILL BE REQUESTING A VISA INTO THE U.K As I said I was told through my lawyer and from doing my own research that once the application was sent out it would take 3-12wks to get either an acceptance or denial.(also was told the average wait time is roughly 8wks) After receiving an acceptance I would have 6 months to get married in the UK. Once we are married I would then have to refile for a "Marriage Visa" and then get my rights to move abroad full time. As for "the delay" the lawyer I am going through does an easy step by step process instead of handing all paperwork in at once, as for us not to get overwelmed and everything done correctly. So it really depends on how long it takes us to finish up the documents and get them sent into the online portal. I am also planning on going to the UK come September while still continuing the visa process through our online portal.
FitChick Posted August 16, 2013 Posted August 16, 2013 The UK Yankee forum is a great resource. You can save a lot of money by doing some things yourself. 1
TMichaels Posted August 16, 2013 Posted August 16, 2013 I am also planning on going to the UK come September while still continuing the visa process through our online portal. Better make sure that won't jeopardize your application that's already in process. In some countries, it would. Best, TMichaels 1
Author Faith13/2 Posted August 16, 2013 Author Posted August 16, 2013 Better make sure that won't jeopardize your application that's already in process. In some countries, it would. Since were going through a lawyer the application hasn't been sent to the UK Border Agency yet, since all the documents haven't been finished..
Author Faith13/2 Posted August 16, 2013 Author Posted August 16, 2013 The UK Yankee forum is a great resource. You can save a lot of money by doing some things yourself. This is a great forum, Thank you so much for making me aware!! 1
Author Faith13/2 Posted August 16, 2013 Author Posted August 16, 2013 Ok this is just a thought my Fiance and I have been discussing. I just want some general opinions on this. Obviously since we have already started our Fiance Visa process for the UK, that is first and for most. My question is say the Visa for whatever reason gets denied. I am aware that also in the US you have to get a Fiance Visa to marry, and cannot enter the US with "intent" to marry and then stay after, because it can make the situation much more difficult in the long run. So say he was to come here and we were to marry while he was here on a visitor visa.. Since our plan is for me to live in the UK and not for him to reside here in the US, do you think it would be possible to marry here and then have him apply to have me as his "wife" join him in the UK? I'm well aware that you're not exactly supposed to do this, but we're just trying to have back up plans just in case for whatever reason the Visa does get denied(which we feel there's no reason for denial) We're really just trying to ensure that we will be able to be together full time in the end.. Thoughts on this please?
ASG Posted August 16, 2013 Posted August 16, 2013 Ok this is just a thought my Fiance and I have been discussing. I just want some general opinions on this. Obviously since we have already started our Fiance Visa process for the UK, that is first and for most. My question is say the Visa for whatever reason gets denied. I am aware that also in the US you have to get a Fiance Visa to marry, and cannot enter the US with "intent" to marry and then stay after, because it can make the situation much more difficult in the long run. So say he was to come here and we were to marry while he was here on a visitor visa.. Since our plan is for me to live in the UK and not for him to reside here in the US, do you think it would be possible to marry here and then have him apply to have me as his "wife" join him in the UK? I'm well aware that you're not exactly supposed to do this, but we're just trying to have back up plans just in case for whatever reason the Visa does get denied(which we feel there's no reason for denial) We're really just trying to ensure that we will be able to be together full time in the end.. Thoughts on this please? I was talking to a friend about this very issue yesterday. He's gotten engaged and his fiance is from Australia. It seems in July the whole visa process was changed and being married no longer warrants you to be able to live in the UK, if you're foreign. He's having to apply for a fiance visa. After that's approved, she can come over. Then 2 years after (married or not) they need to apply for a visa again. Repeat after 3 years. You can only apply for citizenship (and a permanent visa) after about 10 years. So getting married is not the golden ticket that it once was. 1
Author Faith13/2 Posted August 16, 2013 Author Posted August 16, 2013 I was talking to a friend about this very issue yesterday. He's gotten engaged and his fiance is from Australia. It seems in July the whole visa process was changed and being married no longer warrants you to be able to live in the UK, if you're foreign. He's having to apply for a fiance visa. After that's approved, she can come over. Then 2 years after (married or not) they need to apply for a visa again. Repeat after 3 years. You can only apply for citizenship (and a permanent visa) after about 10 years. So getting married is not the golden ticket that it once was. Completely understandable and I have also noted the changes in the law. I have done some of my own research through the internet, forums, etc. I'm seeing that the US law is that you cannot come here with "intentions" to marry and plan on extending your visa or staying in the US. Once a couple is married it seems that you will still need to file for a "Marriage Visa" and so on for me to enter into the UK with my spouse. Obviously this would be skipping the Fiance Visa process if it was denied, and only if. We have already paid lawyers in full for their services and our Fiance Visa, this is more of a "Plan B" if you will, in case things don't work out so well. We just want to make sure that we take advantage of every possible alternative there may be to ensure us being together.
ASG Posted August 16, 2013 Posted August 16, 2013 Yes, but you get refused the Fiance Visa, for whatever reason, what makes you think they'll approve the Marriage Visa? Cause in that case, just go to anywhere in the world, on holiday, and get married. It will be legally binding. What I am saying is, that is no longer a solution. So if you get refused the Fiance Visa, getting married elsewhere might not make a difference, as you'll still have to apply for a visa that may, very well, be denied.
Author Faith13/2 Posted August 16, 2013 Author Posted August 16, 2013 Ok I see what you're saying now and yes that makes complete sense. As I said I don't see of any reason we would be denied, I think it's just my anxiety of "what if" just because I'm so set on this happening. We have also pondered that even though we already started the Fiance Visa if maybe the process would go a bit quicker if we were to just get married before even finishing it. In all honestly it really comes down to just being so eager to be together, and completely impatient.. lol I just want to make sure that everything is well thought through and researched ahead of time.
ASG Posted August 16, 2013 Posted August 16, 2013 Don't know if it will go quicker though. Ask your lawyers. From what I understood, talking to my friend last night, it wouldn't make a whole lot of difference... Since the Visa is then valid for 2/3 years and even if you do get married during that time, you don't have to change it. Which leads me to believe the process is similar and that you gain very little by already being married. And you'd still have to wait to get into the country. But the best thing is to ask your lawyers.
Author Faith13/2 Posted August 16, 2013 Author Posted August 16, 2013 Only reason we haven't discussed this specific thing with the lawyers is because say we were to attempt to do this before we finished the Visa process with them. They may not like that idea, therefore may not give me the complete truthful information on the situation. As I said was just a thought we were pondering but I will do some more research on it. Thanks for sharing the information you had
TMichaels Posted August 16, 2013 Posted August 16, 2013 Only reason we haven't discussed this specific thing with the lawyers is because say we were to attempt to do this before we finished the Visa process with them. They may not like that idea, therefore may not give me the complete truthful information on the situation. As I said was just a thought we were pondering but I will do some more research on it. You're paying your lawyers to represent you. You need to be completely honest and discuss your options so both you and they are aware of the salient issues and/or concerns. Otherwise, they may be petitioning on your behalf improperly or for the wrong reasons which in the end is just going to delay the process unnecessarily, or worse, make it impossible for one or another of you ever to be together in the same country. Plus, not to mention, it's a waste of time and money to engage legal counsel and not be forthcoming or to do your own legwork in tandem with theirs -- legwork/decisions that may completely negate or undo what your attorneys are already doing on your behalf. In a nutshell (and I know it's hard) but for the time being, you need to take a deep breath and chill. If you do any research, lurk around some of the other forums people have recommended and get a sense of what's the average approval time for others in a similar situation. If your attorneys haven't been successful by that milestone, start pushing/questioning their competency and either go it alone or engage other assistance. Best, TMichaels 2
Author Faith13/2 Posted August 16, 2013 Author Posted August 16, 2013 Thanks for the advice and I know you're completely right. Time to sit back and breathe I suppose, just all gets so overwelming. As for the lawyer it really comes down to us and how fast we get all the necessary documents in.
CherryT Posted August 16, 2013 Posted August 16, 2013 Be patient. I know it's hard but you're going through the process now... so it'll happen eventually, you just have to calm down. You haven't submitted the documents to the lawyer, so it's on you as to why it's taking so long. The time they give you is only an estimate, so be prepared to wait longer. Remind yourself: You are planning to get married and to spend the rest of your lives together. The next few months will be 'nothing' compared to what you've both endured with a LDR until now and the new life you'll both create. Anxiety and stress when the ball is in your court is only going to make you rush the process and increase your risk of making a mistake. Just know that you'll eventually be together soon and that in reality, waiting a few months is really no big deal compared to what's ahead of you both. 2
Els Posted August 19, 2013 Posted August 19, 2013 A quote from Paulo Coelho, that I just read and thought pertinent to your situation: Two of the hardest tests in life: The patience to wait for the right moment and the courage to accept whatever you encounter. It's bloody hard to wait for immigration decisions. Trust me, I know that. But getting married just to 'speed up the process' is, in general, not a great idea IMO, for a multitude of reasons. If you already have engaged the services of immigration lawyers, your best bet would be to give them an honest, complete picture of your circumstances. These people know the immigration laws in and out, and if anyone can give you an idea of the best, fastest, safest, etc route to go, it will be them.
Author Faith13/2 Posted August 21, 2013 Author Posted August 21, 2013 A quote from Paulo Coelho, that I just read and thought pertinent to your situation: Two of the hardest tests in life: The patience to wait for the right moment and the courage to accept whatever you encounter. It's bloody hard to wait for immigration decisions. Trust me, I know that. But getting married just to 'speed up the process' is, in general, not a great idea IMO, for a multitude of reasons. If you already have engaged the services of immigration lawyers, your best bet would be to give them an honest, complete picture of your circumstances. These people know the immigration laws in and out, and if anyone can give you an idea of the best, fastest, safest, etc route to go, it will be them. Just happened to see your post, sorry for the late reply.. Love the quote thanks for sharing.. As for getting married to speed up the process, we plan to marry anyways that has been what we've wanted for sometime now, just the waiting is getting the best of both of us. More recent with our lawyer it seems like every time I contact them(through an online portal) they always have an answer that doesn't seem to match my question lol becomes quite annoying. But I'm finally starting to get through to them and have a understood common ground. I know being patient is our best bet to a happy non distance relationship, it's just becomes so hard sometimes as I'm sure you know. That's why I love this forum though it's a place where I can speak on an LDR situation and someone always understands for the most part, instead of speaking to people in my RL and them just not understanding how hard it can be.
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