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Posted

I have another follow-up question. While my fiancée's I-130 application is processing, I know I can come-and-go to the UK with the ETA, but I imagine I would end up spending a large part of the year there, which might raise some eyebrows.

 

So we're considering applying for a UK spouse visa (for me), so that we can live together in the UK while she's finishing up her postdoc and the US Visa is processing. Is there technically anything wrong with doing this? I want to avoid conflict with either application.

Filed: Citizen (apr) Country: Canada
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Posted

~~One post removed and another post for quoting the removed post. Do not mention things that do not apply the the OP. The OP was clear asking for the proper way to the immigration process for their situation. Adding what ifs is not good for anyone.~~

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Posted
12 hours ago, Feez said:

I have another follow-up question. While my fiancée's I-130 application is processing, I know I can come-and-go to the UK with the ETA, but I imagine I would end up spending a large part of the year there, which might raise some eyebrows.

 

So we're considering applying for a UK spouse visa (for me), so that we can live together in the UK while she's finishing up her postdoc and the US Visa is processing. Is there technically anything wrong with doing this? I want to avoid conflict with either application.

Abusing the visitor privilege for the UK is not about eyebrows.  It will lose you the privilege.  Apply for any visa you want.  It's not a conflict, but any visa that grants resident status comes with requirements to maintain that status.  That means, one of you, YOU, will lose any resident status to the UK eventually, if you get it.

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Posted
3 minutes ago, pushbrk said:

Abusing the visitor privilege for the UK is not about eyebrows.  It will lose you the privilege.  Apply for any visa you want.  It's not a conflict, but any visa that grants resident status comes with requirements to maintain that status.  That means, one of you, YOU, will lose any resident status to the UK eventually, if you get it.

Gotcha, yes I understand. I don't want to abuse the ETA. If I get the UK Spouse Visa, eventually I would lose my UK resident status if she comes to the States as planned and we start our permanent life together here (which is our agreed-upon end goal).

Posted (edited)
On 7/14/2025 at 4:31 AM, Feez said:

I have another follow-up question. While my fiancée's I-130 application is processing, I know I can come-and-go to the UK with the ETA, but I imagine I would end up spending a large part of the year there, which might raise some eyebrows.

 

So we're considering applying for a UK spouse visa (for me), so that we can live together in the UK while she's finishing up her postdoc and the US Visa is processing. Is there technically anything wrong with doing this? I want to avoid conflict with either application.

Please understand that to obtain a UK spousal visa is a multi-stage multi-year process, in which she is your sole sponsor. You will not be able to work, and the amount of money she would have to prove to be making to sponsor you is fairly high. It sounds as if she is in university, so that might not be an option to even begin with. Spousal visas are for living in the UK, which is not the ultimate plan you intend. Some have the impression that everything is rather easy and unobstructive crossing the UK border, but there are limits which shouldn't be abused. Stick with one process and see it through. If the goal is to both reside in the US, stick with the US side of things.

Edited by yuna628

Our Journey Timeline  - Immigration and the Health Exchange Price of Love in the UK Thinking of Returning to UK?

 

First met: 12/31/04 - Engaged: 9/24/09
Filed I-129F: 10/4/14 - Packet received: 10/7/14
NOA 1 email + ARN assigned: 10/10/14 (hard copy 10/17/14)
Touched on website (fixed?): 12/9/14 - Poked USCIS: 4/1/15
NOA 2 email: 5/4/15 (hard copy 5/11/15)
Sent to NVC: 5/8/15 - NVC received + #'s assigned: 5/15/15 (estimated)
NVC sent: 5/19/15 - London received/ready: 5/26/15
Packet 3: 5/28/15 - Medical: 6/16/15
Poked London 7/1/15 - Packet 4: 7/2/15
Interview: 7/30/15 - Approved!
AP + Issued 8/3/15 - Visa in hand (depot): 8/6/15
POE: 8/27/15

Wedding: 9/30/15

Filed I-485, I-131, I-765: 11/7/15

Packet received: 11/9/15

NOA 1 txt/email: 11/15/15 - NOA 1 hardcopy: 11/19/15

Bio: 12/9/15

EAD + AP approved: 1/25/16 - EAD received: 2/1/16

RFE for USCIS inability to read vax instructions: 5/21/16 (no e-notification & not sent from local office!)

RFE response sent: 6/7/16 - RFE response received 6/9/16

AOS approved/card in production: 6/13/16  

NOA 2 hardcopy + card sent 6/17/16

Green Card received: 6/18/16

USCIS 120 day reminder notice: 2/22/18

Filed I-751: 5/2/18 - Packet received: 5/4/18

NOA 1:  5/29/18 (12 mo ext) 8/13/18 (18 mo ext)  - Bio: 6/27/18

Transferred: Potomac Service Center 3/26/19

Approved/New Card Produced status: 4/25/19 - NOA2 hardcopy 4/29/19

10yr Green Card Received: 5/2/19 with error >_<

N400 : 7/16/23 - Oath : 10/19/23

 

 

 

Posted
5 hours ago, yuna628 said:

Please understand that to obtain a UK spousal visa is a multi-stage multi-year process, in which she is your sole sponsor. You will not be able to work, and the amount of money she would have to prove to be making to sponsor you is fairly high. 

 

I agree on the amount of money she'd need to earn (or have in savings) to be eligible to sponsor the OP, but it's usually pretty quick anyway even without priority service, only 12 weeks. And if they were in a rush and had the funds they could choose the priority service and then they'd have an answer within a week - far quicker than the US spousal visa route! He would also would be able to work once he has the visa? 

Posted
1 hour ago, appleblossom said:

 

I agree on the amount of money she'd need to earn (or have in savings) to be eligible to sponsor the OP, but it's usually pretty quick anyway even without priority service, only 12 weeks. And if they were in a rush and had the funds they could choose the priority service and then they'd have an answer within a week - far quicker than the US spousal visa route! He would also would be able to work once he has the visa? 

Ah yes, for some reason I was thinking of the fiance to spouse process and not the spouse process. Still it seems silly why you'd want to pursue that course of action if the goal is to be eventually living in the US together. Typically if you had the spousal visa you'd want to live there long enough to get ILR and not rip up that process. 

Our Journey Timeline  - Immigration and the Health Exchange Price of Love in the UK Thinking of Returning to UK?

 

First met: 12/31/04 - Engaged: 9/24/09
Filed I-129F: 10/4/14 - Packet received: 10/7/14
NOA 1 email + ARN assigned: 10/10/14 (hard copy 10/17/14)
Touched on website (fixed?): 12/9/14 - Poked USCIS: 4/1/15
NOA 2 email: 5/4/15 (hard copy 5/11/15)
Sent to NVC: 5/8/15 - NVC received + #'s assigned: 5/15/15 (estimated)
NVC sent: 5/19/15 - London received/ready: 5/26/15
Packet 3: 5/28/15 - Medical: 6/16/15
Poked London 7/1/15 - Packet 4: 7/2/15
Interview: 7/30/15 - Approved!
AP + Issued 8/3/15 - Visa in hand (depot): 8/6/15
POE: 8/27/15

Wedding: 9/30/15

Filed I-485, I-131, I-765: 11/7/15

Packet received: 11/9/15

NOA 1 txt/email: 11/15/15 - NOA 1 hardcopy: 11/19/15

Bio: 12/9/15

EAD + AP approved: 1/25/16 - EAD received: 2/1/16

RFE for USCIS inability to read vax instructions: 5/21/16 (no e-notification & not sent from local office!)

RFE response sent: 6/7/16 - RFE response received 6/9/16

AOS approved/card in production: 6/13/16  

NOA 2 hardcopy + card sent 6/17/16

Green Card received: 6/18/16

USCIS 120 day reminder notice: 2/22/18

Filed I-751: 5/2/18 - Packet received: 5/4/18

NOA 1:  5/29/18 (12 mo ext) 8/13/18 (18 mo ext)  - Bio: 6/27/18

Transferred: Potomac Service Center 3/26/19

Approved/New Card Produced status: 4/25/19 - NOA2 hardcopy 4/29/19

10yr Green Card Received: 5/2/19 with error >_<

N400 : 7/16/23 - Oath : 10/19/23

 

 

 

Posted
Just now, yuna628 said:

Ah yes, for some reason I was thinking of the fiance to spouse process and not the spouse process. Still it seems silly why you'd want to pursue that course of action if the goal is to be eventually living in the US together. Typically if you had the spousal visa you'd want to live there long enough to get ILR and not rip up that process. 

 

Yep. Although even ILR would be lost after a while out of the UK, so the OP would need citizenship to be able to move freely between the two countries. That's not a bad plan though for a transatlantic couple if they can do it and have the funds to pay for two visa apps - move to the UK, spend enough time there to get citizenship then a year or two before citizenship get the US spousal visa process underway. Then move there, and the Brit get US citizenship so both are dual nationals and can come and go as they please!

 
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