QueenAnaMul

Thank you for your replies. It has now given me a clear understanding that I have to really go back in the US to apply.

Did you use a solicitor? Is it worth it? May you also direct me to a link with all the fees and timeline for an expedited application. I’m confused with VFS global fees, do we pay them for the 30-day expedited?
My husband and I are looking at a deadline when the kids will be in the UK before school starts so that it will be easier for them to adjust.

Your help and advice are much appreciated and I’m glad I’ve found this website.

Pulaski

Generally speaking if you can read English sufficiently well to read the instructions and complete the forms (which are fairly basic) and for a spouse with no complicating factors such as a criminal record or drug problems, there is no need or benefit to paying a solicitor/ lawyer to complete the forms for you, and remember [1] they are going to obtain all the information they need to complete the forms from you, and [2] the solicitor will delegate the form preparation to one of their clerks, so not actually do the work themselves, and there is absolutely no guarantee that the forms will be completed without errors.

BritInParis

A solicitor is rarely necessary. Even when the VACs reopen there won’t be any priority processing for the foreseeable future.

MonsterP

As our regular experts have said, the application is being made by your Wife whilst she is still outside the UK. You can be either with her or in the UK.
I can understand you referring the application as a "we", since most foreign spouses will look at the rules with a blank expression, understandably, and the UK spouse usually does the legwork in all the preparation :-)

If it helps you, it's tough, but you might want to move to the UK first. I did this, ahead of my Wife and Son moving over since it was easier to sort out a house to live in, etc., etc., We also applied via the savings route.
The tough part being that we were apart for 1.5 years. Just make sure that your Wife doesn't come to the UK to visit you, otherwise it screws up the spouse visa application, but you can go to the US to visit her. I did go back to help submit the application with her, as she wasn't confident, then we waited 4 months for the decision.

Pulaski

Huh? I don't believe their is any validity to that assertion.

MonsterP

I know, I can't quote it, just something I remember reading in the forum about 3 years ago. Something about a UK visit visa application clashing with the spouse visa application. Can't remember which one of us said it I'm afraid. :-)

Pulaski

AFAIK that's an urban myth that has been knocking around for years, and no sooner than it gets squashed than someone starts the same rumour again.

BritInParis

You can’t be granted leave to enter if you’re already in the UK. So if someone has submitted a spouse visa application from the US and then travels to the UK as a visitor to wait it out then an ECO should refuse their application. This didn’t use to be an issue because most people only hold one passport and that remains at the consulate/VAC during the application process but as more use the ‘Keep Your Passport’ option then it can become a problem.

QueenAnaMul

Thank you all for answering my questions, it has given me a clearer understanding to apply in my home country.

Do you think I can apply now from the US for a spouse visa with my 2 children?

UK has reopened for visa processing I believe but definitely is still closed in New York.

Also, do I pay the 1,523 on UK website? I’m so confused with the fees and vfs global fees, I find vfs really expensive.

Hope you can help me on this. TIA

BritInParis

You can apply online at any time however you cannot secure a biometrics appointment until the VACs in the US reopen. As such I would hold off until they do so you can control the timeline better. Your children are British citizens so they won’t require visas. You pay the spouse fee at the end of your online application form. VFS offer a range of additional services which you pay them for but none of which are mandatory.

QueenAnaMul

Thank you BritInParis
Hopefully we all go back to normal, as expedited service wont be an option soon I suppose but really hoping the normal 90day process is still in place when offices reopen.

SanDiegogirl

If your children are not British citizens, you must pay visa fees for them too, and the financial requirements of the sponsor are more as well.