Marrying a US citizen - Living in UK vs US??
Discussion
Hi All
Looking for some fairly urgent guidance, will reach out to a immigration solicitor over the weekend too, but wondering if anyone here faced anything similar.
My fiancée is from USA and I'm a UK citizen. Our plan is to get to the US as soon as possible to marry and then for her to come and live in the UK once her spouse Visa is granted.
Just had a major curveball, work have offered me a position in US. Trying to get my head around whether this helps or hinders us being together. I assume it will help with my eligibility to US, but won't allow my wife to get UK citizenship for quite some time. When the role is complete will we be back to square 1 in terms of living in UK or can we get her a UK Visa whilst we are in US? I don't want to get to the end of the 3 year role and she is unable to come back with me.
She is moving out of a NYC apartment and we are already pretty well set up here in UK. Gut feel tells me that in the long run it could be more difficult going to US than her coming to UK to begin with.
Sorry for ramble, any advice MUCH appreciated! Cheers!
Anyone had any
Looking for some fairly urgent guidance, will reach out to a immigration solicitor over the weekend too, but wondering if anyone here faced anything similar.
My fiancée is from USA and I'm a UK citizen. Our plan is to get to the US as soon as possible to marry and then for her to come and live in the UK once her spouse Visa is granted.
Just had a major curveball, work have offered me a position in US. Trying to get my head around whether this helps or hinders us being together. I assume it will help with my eligibility to US, but won't allow my wife to get UK citizenship for quite some time. When the role is complete will we be back to square 1 in terms of living in UK or can we get her a UK Visa whilst we are in US? I don't want to get to the end of the 3 year role and she is unable to come back with me.
She is moving out of a NYC apartment and we are already pretty well set up here in UK. Gut feel tells me that in the long run it could be more difficult going to US than her coming to UK to begin with.
Sorry for ramble, any advice MUCH appreciated! Cheers!
Anyone had any
I am pretty sure that being married in the US - no matter for how long - does not change the fact she will need to go through a 5 year visa process here before being able to get citizenship or access to benefits.
I married in Asia a few years before coming here, wife has to go through the usual 5 year (and very expensive) process. You get an initial 33-month visa, then need to extend for 2..then you can relax although each milestone costs thousands of pounds.
Once here there are rules to how long she can go back to the US without needing to restart the whole process...something like no more than 90 days outside the UK per year I think. (We stopped risking it)
So..my advice would be simple. Decide where you would rather be and go for it. Either choice is going to need sacrifices from one of you in particular. If I am very honest, had I known the immense issues, costs and stress of getting married to a non EU citizen (at the time -EU citizens now under same process) then I think I would have made an exit before things got too heavy
Your wife MUST want to be here for it to work. Getting homesick is not in the rules.
EDIT: You can arrange the visa in the US but it will give a very strict window as to when she MUST enter the UK then, which is shortly after the visa is issued.
I married in Asia a few years before coming here, wife has to go through the usual 5 year (and very expensive) process. You get an initial 33-month visa, then need to extend for 2..then you can relax although each milestone costs thousands of pounds.
Once here there are rules to how long she can go back to the US without needing to restart the whole process...something like no more than 90 days outside the UK per year I think. (We stopped risking it)
So..my advice would be simple. Decide where you would rather be and go for it. Either choice is going to need sacrifices from one of you in particular. If I am very honest, had I known the immense issues, costs and stress of getting married to a non EU citizen (at the time -EU citizens now under same process) then I think I would have made an exit before things got too heavy
Your wife MUST want to be here for it to work. Getting homesick is not in the rules.
EDIT: You can arrange the visa in the US but it will give a very strict window as to when she MUST enter the UK then, which is shortly after the visa is issued.
Thanks both for the replies.
To be honest she was hesitant to move to UK, but has been visiting quite a bit over the last 18mths and has been getting the house ready for her move. She is now very excited, and comfortable for the move and about to hand her notice in for her US job. The plan would be when she arrives to start the 5 year process, hopefully start a family, and then reassess in 5 years time whether we stay in UK or try and move to US.
I am assuming if I did go to US when she comes back she would simply start the 5 year process? In the meantime she would only be able to enter the UK on a tourist Visa? Out of interest if we stayed in UK and 2 years into the 5 years decided to move to US would the 5 year clock pause or reset?
Its taken us a year to get our head round things and a plan in place and this has definitely thrown a curveball. The job is a great opportunity, but don't know whether it will help or hinder our longer term Visa situation.
Mrs FTR went through this in 2007/8, so things might be a little different now.
There was (as I recall) little to no issue with the application for the spouse visa - we married in 2007 and then abandoned our original plan for me to move to the US. (Work here was plentiful and paying well here!) The visa wasn't cheap, but was a pretty straightforward application and had to be used (IIRC) within 90 days of being issued.
In our case the visa was for two years, after which (or towards the end of this period) she had the option to apply for "Indefinite Leave to Remain". This is the part where we had to prove we were actually living as a couple and would not be a burden on the state - bank statements & utility bills, etc., etc. Once this is achieved, the person with ILR may be absent from the UK for up to two years without losing the status. This is also when Mrs FTR had to pass the "Life in the UK" test.
Mrs FTR hasn't pursued the path to citizenship because the US doesn't really approve of people having dual citizenship, and she doesn't want to give that up
There was (as I recall) little to no issue with the application for the spouse visa - we married in 2007 and then abandoned our original plan for me to move to the US. (Work here was plentiful and paying well here!) The visa wasn't cheap, but was a pretty straightforward application and had to be used (IIRC) within 90 days of being issued.
In our case the visa was for two years, after which (or towards the end of this period) she had the option to apply for "Indefinite Leave to Remain". This is the part where we had to prove we were actually living as a couple and would not be a burden on the state - bank statements & utility bills, etc., etc. Once this is achieved, the person with ILR may be absent from the UK for up to two years without losing the status. This is also when Mrs FTR had to pass the "Life in the UK" test.
Mrs FTR hasn't pursued the path to citizenship because the US doesn't really approve of people having dual citizenship, and she doesn't want to give that up
Again not the most helpful response but something to consider... Would the job be new employment, i.e. employer by the US entity of your company or would you retain your UK contract and simply transfer to the US?
Asking because I recently started working for a company that wasn't present within the UK, their US standard employment contract was horrendous and they were shocked to see just how many more employee rights we get in the UK when their solicitors drafted up a UK-friendly employment contract. Things like annual leave, notice periods, disciplinary/dismissal process etc.
If you were to move to the US for the role, the best case scenario is that you'd remain employed via the UK and the company completes intercompany billing to recharge your costs to the US entity you're working at. This was our approach when sending our investment bankers from the UK to the US, they simply weren't willing to jeopardise the job security by moving over to a US contract without a significant pay rise.
Asking because I recently started working for a company that wasn't present within the UK, their US standard employment contract was horrendous and they were shocked to see just how many more employee rights we get in the UK when their solicitors drafted up a UK-friendly employment contract. Things like annual leave, notice periods, disciplinary/dismissal process etc.
If you were to move to the US for the role, the best case scenario is that you'd remain employed via the UK and the company completes intercompany billing to recharge your costs to the US entity you're working at. This was our approach when sending our investment bankers from the UK to the US, they simply weren't willing to jeopardise the job security by moving over to a US contract without a significant pay rise.
Frankthered said:
In our case the visa was for two years, after which (or towards the end of this period) she had the option to apply for "Indefinite Leave to Remain". This is the part where we had to prove we were actually living as a couple and would not be a burden on the state - bank statements & utility bills, etc., etc. Once this is achieved, the person with ILR may be absent from the UK for up to two years without losing the status. This is also when Mrs FTR had to pass the "Life in the UK" test.
Thats no longer the case:"Prior to 9 July 2012, it was possible to apply for ILR after 2 years residence in the UK on spouse visa but as a result of change in Immigration Rules in 2012 the ILR qualifying period for spouse visa was changed to 5 years under the 5 years route."
So your wife now has to apply for a spouse visa, pay for NHS etc, then renew the spouse visa and pay it a second time again because it doesnt last long enough, then you have to pay for ILR and do the "life in the UK" test when you reach the 5yr criteria. All the while you need to be in a steady job with proven income.
Probably close to £10k and keeping all your bills, payslips and bank statements for the duration so you can prove cohabitation and so on.
Edited by SarGara on Friday 23 April 19:56
I did the exact same thing as you want to do (married an American in the US and then both of us lived in the UK) although it was 20 years ago now, so I expect things have moved on somewhat!
We got married in Pittsburgh then drove to the UK embassy in New York, she had an interview, got visa that day, flew to the UK! About 2 years after, she got homesick so we moved to the US and I spent 8 years there before we (amicably) split. Took me 6 months to get my US residency permit! US Embassy in London were really, REALLY picky about the application.
Glad I had the experience though - I loved living in the US although I was happy to come back to the UK when we divorced. I never became a US citizen and got dual nationality - wish I had done, just to keep options open in the future.
We got married in Pittsburgh then drove to the UK embassy in New York, she had an interview, got visa that day, flew to the UK! About 2 years after, she got homesick so we moved to the US and I spent 8 years there before we (amicably) split. Took me 6 months to get my US residency permit! US Embassy in London were really, REALLY picky about the application.
Glad I had the experience though - I loved living in the US although I was happy to come back to the UK when we divorced. I never became a US citizen and got dual nationality - wish I had done, just to keep options open in the future.
Thanks folks
I would stay on UK payroll so keep my UK benefits. Company would pay for accommodation etc. Tbh US payroll would be good, would get a 50% salary uplift!
We are at peace with the process for the spouse Visa. Had long enough to think about it with Covid delays! Will cost a lot but will be worth it and she now loves the UK. She is giving up her life to come here, so don’t want to keep messing her around.
I would stay on UK payroll so keep my UK benefits. Company would pay for accommodation etc. Tbh US payroll would be good, would get a 50% salary uplift!
We are at peace with the process for the spouse Visa. Had long enough to think about it with Covid delays! Will cost a lot but will be worth it and she now loves the UK. She is giving up her life to come here, so don’t want to keep messing her around.
My brother married a U.S. citizen a few years back. It was when the green card was still a thing. It was a relatively simple process, he’s now a fully fledged U.S. citizen, having done the whole process. However, things have changed a bit since Trump. Biden has bigger fish to fry than repairing the damage done to this part of the U.S. system right now, so I’d have thought that bringing your partner to live here for a bit, would be easier. However, there’s a level 4 ‘DO NOT TRAVEL’ order against U.S. to U.K. travel ( from the U.S. end) at present, because Covid-19. So it’s a nightmare as it stands.
I married a US citizen in 2001. She moved to the UK soon after getting her visa sorted. Then just under 3 years later we moved to the US after the company I was working for had a big pay off. I applied for my Green Card via the US Embassy in London and with the UK house sold we upped sticks and moved to South Carolina, her home state. Got divorced 10 years later, ho hum.... I became a US citizen in 2012 and stayed here.
Lots of variables and things to think about. My ex didn't like the UK at first (Exeter, in Devon). But she got a good job and came around to the lifestyle. I had friends in London so weekend trips for her were good. She really liked the UK work ethic and conditions over the US style. Her biggest gripe was the weather. We never wanted kids btw.
I don't know how old you are or your profession etc. I am assuming your fiance is happy leaving NYC for wherever in the UK and she is now familiar with the UK ways. I don't know what her line of work is, but if she's going to work, then she'll need her NI number and how to be prepared to join the UK employment market. Could be a struggle could be a breeze. My ex won her interviewers over because they said she sounded like Daisy Duke....(southern gal)
So you have an employment opportunity in NC? May I ask where? There are only a few decent cities in NC. There's a PHer called "Loach1" on here who's a Brit living in NC married to an American. Might be worth a PM. Would your fiance be OK moving to NC? Its a world away from NYC. Would she be able to get work in NC?
Does your fiance have a lot of family she's close to? If so, then her moving to the UK might cause some stress down the line.
I have been in SC since 2004. I have a good living here, nice house, cars, live near the beach etc. But, if I wanted to move back to the UK I think it would be a financial struggle to get back on the UK property ladder and I am sure I wouldn't earn as much as I do in the US.
My 2 cents worth would be to seriously consider taking the US job option in NC. It may open doors and I don't think it would harm your fiance's chances of getting to the UK later. You would just have to start the process as your US opportunity comes to an end.
I know about half a dozen of my UK friends that married US women and all of them have ended up moving to the US.
Lots of variables and things to think about. My ex didn't like the UK at first (Exeter, in Devon). But she got a good job and came around to the lifestyle. I had friends in London so weekend trips for her were good. She really liked the UK work ethic and conditions over the US style. Her biggest gripe was the weather. We never wanted kids btw.
I don't know how old you are or your profession etc. I am assuming your fiance is happy leaving NYC for wherever in the UK and she is now familiar with the UK ways. I don't know what her line of work is, but if she's going to work, then she'll need her NI number and how to be prepared to join the UK employment market. Could be a struggle could be a breeze. My ex won her interviewers over because they said she sounded like Daisy Duke....(southern gal)
So you have an employment opportunity in NC? May I ask where? There are only a few decent cities in NC. There's a PHer called "Loach1" on here who's a Brit living in NC married to an American. Might be worth a PM. Would your fiance be OK moving to NC? Its a world away from NYC. Would she be able to get work in NC?
Does your fiance have a lot of family she's close to? If so, then her moving to the UK might cause some stress down the line.
I have been in SC since 2004. I have a good living here, nice house, cars, live near the beach etc. But, if I wanted to move back to the UK I think it would be a financial struggle to get back on the UK property ladder and I am sure I wouldn't earn as much as I do in the US.
My 2 cents worth would be to seriously consider taking the US job option in NC. It may open doors and I don't think it would harm your fiance's chances of getting to the UK later. You would just have to start the process as your US opportunity comes to an end.
I know about half a dozen of my UK friends that married US women and all of them have ended up moving to the US.
Thanks for the replies.
She was hesitant to move to UK to begin with, but now really enjoys the lifestyle. I’m in the countryside in Northants, world away from NYC but she prefers it. Has had enough of NYC and is a country girl at heart. The weather is the biggest downer, proximity to Europe and history a big plus. Very excited for her family to come over
She originated from New Jersey family now split between there and Delaware, so NC isn’t a million miles away.
The job would be in the Raleigh area. We have both been there lots and it’s nice, I personally prefer UK.
Genuinely torn. We had a path which we were going down. Now this. The Covid situation makes it more complex
She was hesitant to move to UK to begin with, but now really enjoys the lifestyle. I’m in the countryside in Northants, world away from NYC but she prefers it. Has had enough of NYC and is a country girl at heart. The weather is the biggest downer, proximity to Europe and history a big plus. Very excited for her family to come over
She originated from New Jersey family now split between there and Delaware, so NC isn’t a million miles away.
The job would be in the Raleigh area. We have both been there lots and it’s nice, I personally prefer UK.
Genuinely torn. We had a path which we were going down. Now this. The Covid situation makes it more complex
geeman237 said:
My 2 cents worth would be to seriously consider taking the US job option in NC. It may open doors and I don't think it would harm your fiance's chances of getting to the UK later. You would just have to start the process as your US opportunity comes to an end.
I know about half a dozen of my UK friends that married US women and all of them have ended up moving to the US.
Having read through the entire thread and formulated a response - this. Have a good think about where you want to end up. Also if you want kids, where you want them to grow up, etc.I know about half a dozen of my UK friends that married US women and all of them have ended up moving to the US.
I've compared the UK visa/residency/ILR process in the past to the US LPR process in the past, and reached the conclusion the US process was more complex and time consuming. Admittedly, you'd probably getting LPR through marriage which would simplify matters. Hopefully it would also simplify matters for your wife regarding a visa in the UK.
I think I'd be looking to do the 3 years (I'm assuming this is L1-B, skilled professional visa), which also has the opportunity to extend another 2 (or did when I went through mine). It's also dual intent, so you can get to the US, say 'I want to become a resident', and get the legal process going. Which will probably take the 5 years. Alternatively, land in the US, get married, adjust status through lawyers, get conditional permanent residency, then LPR, then citizenship if you want to remain in the US permanently. Many do. Many think 'hell no' and go home, it's not for them. It's very much a personal thing. But it's not something you can judge until you've experienced it yourself.
If you start on the residency, through the job, or through marriage, it's something you can turn into citizenship should you want to remain.
If you don't want to remain, you can give it up, no harm done.
You've also got 3-5 years of being better paid and less taxed than in the UK that you can save and put into a house or whatever on the UK.
You've also got your wife (hopefully!) in a job in the US, more easily than perhaps she could in the UK.
Should you at any point while in the US decide the job isn't for you, or you get let go, you've got the stability of being married to a citizen - which means you don't immediately need to leave the US; you've got options.
Then, once your stint in the US comes to an end (it probably won't; you'd have wowed your employer enough that they'll want to keep you), you look at what you need to bring her back to the UK as a resident (although you should probably start on the paper work at the same time as the US paperwork).
As geeman says, being in the US won't hurt your fiance's chances of moving to the UK later..
Hi - I married a US citizen in 2013 here in the U.K. She had previously relocated to the U.K. on a secondment from the US / NYC in 2007 and we got together soon after. She works for a US company so is regularly in contact with friends / colleagues from the US literally on a day to day basis, and we FaceTime her folks daily. We used to visit or her folks would visit us 2/yr but covid stopped that since 2019 unfortunately.
She got U.K. citizenship through having ILR then qualifying through residency rather than marriage. The only reason we did it was because we now have 2 kids who are U.K. citizens and what with covid, we didn’t want any scenario where our family could be divided up by our citizenship statuses.
She came from living in an apartment in NYC and we now own a 5 bed house in the south of the U.K. she has a 40 min drive to work, 8am - 4pm, earns well and has the advantage of being a US citizen working for a US company so is well regarded.
We visit friends / family regularly - I loved Austin Tx and her folks live in deepest darkest PA. whilst I’d love either location, finding decent jobs with an equal quality of life for both of us in the US would be tough.
Factors for us:
1. US work ethic - of course great that you will rise if you work hard but at what expense? HR are in managements pockets. OK this isn’t Germany with the workers unions etc but in the US forget it.
2. Mat leave / other bens - she had 2 x 1 year almost on full pay here. No equivalence. 28 days leave here vs next to nothing there.
3. FATCA - such a ball ache she has to complete US tax returns annually. She can’t hold ISAs as they’re considered tax avoidance by US. We also have to be careful if we sell our house as it’s be classed as CGT if we gained. For this reason there’s no point getting my kids US citizenship.
4. Quality of life - we both have decent jobs and an equivalent in the US would likely necessitate living in a city centre apartment which again wouldn’t suit my idea of family life and brining up kids.
5. You pay for everything - I’m a small c conservative but the extent of privatisation again beggars belief. Toll bridges, expectation to give tips even when click’n’collect covid takeaways, fees for this and fees for that. $1 to cross from NJ to PA.
6. Eating poorly - we try to cook our own when visiting family but fruit n veg costs a bomb. The USFDA subsidises the meat industry so heavily but for cauli, fresh tomatoes, apples, broccoli etc you pay a fortune. I often show pics to my in-laws of 65p pineapples or 80p avocados from Tesco and they just can’t believe it. So you end up eating poorly, getting fat then needing meds..
7. Healthcare - clearly excellent but £££. When my wife was younger she needed urgent hospital treatment. My MIL took her because a 911 ambulance transport is literally $800. Her best friend had a $20k bill for having a baby in hospital. Yes insurance covered some of it but my wife was staggered with all the midwife appointments before birth and then post natal check ups etc etc all for free. Granted we pay NI. Pretty much everyone I know in the US is on some medication - exercise and decent diet doesn’t count so there are meds for everything.
When we go to the US I’m staggered at how much poverty I see driving about - abandoned houses and derelict or no go areas. Yes the U.K. has its troubles but the US today isn’t what it was from the movies when growing up or in the days when they put the first man on the moon etc. New estates and the latest go to places pop up, then fashions move elsewhere and the places are left to rot. There’s so much land so the way things works is different to here where houses are generally always occupied.
$20 to fill up a car can’t be bad but I can’t see us moving there unless it’s for retirement in Florida one day..!
Sorry if too one sided but just want to give my thoughts.
She got U.K. citizenship through having ILR then qualifying through residency rather than marriage. The only reason we did it was because we now have 2 kids who are U.K. citizens and what with covid, we didn’t want any scenario where our family could be divided up by our citizenship statuses.
She came from living in an apartment in NYC and we now own a 5 bed house in the south of the U.K. she has a 40 min drive to work, 8am - 4pm, earns well and has the advantage of being a US citizen working for a US company so is well regarded.
We visit friends / family regularly - I loved Austin Tx and her folks live in deepest darkest PA. whilst I’d love either location, finding decent jobs with an equal quality of life for both of us in the US would be tough.
Factors for us:
1. US work ethic - of course great that you will rise if you work hard but at what expense? HR are in managements pockets. OK this isn’t Germany with the workers unions etc but in the US forget it.
2. Mat leave / other bens - she had 2 x 1 year almost on full pay here. No equivalence. 28 days leave here vs next to nothing there.
3. FATCA - such a ball ache she has to complete US tax returns annually. She can’t hold ISAs as they’re considered tax avoidance by US. We also have to be careful if we sell our house as it’s be classed as CGT if we gained. For this reason there’s no point getting my kids US citizenship.
4. Quality of life - we both have decent jobs and an equivalent in the US would likely necessitate living in a city centre apartment which again wouldn’t suit my idea of family life and brining up kids.
5. You pay for everything - I’m a small c conservative but the extent of privatisation again beggars belief. Toll bridges, expectation to give tips even when click’n’collect covid takeaways, fees for this and fees for that. $1 to cross from NJ to PA.
6. Eating poorly - we try to cook our own when visiting family but fruit n veg costs a bomb. The USFDA subsidises the meat industry so heavily but for cauli, fresh tomatoes, apples, broccoli etc you pay a fortune. I often show pics to my in-laws of 65p pineapples or 80p avocados from Tesco and they just can’t believe it. So you end up eating poorly, getting fat then needing meds..
7. Healthcare - clearly excellent but £££. When my wife was younger she needed urgent hospital treatment. My MIL took her because a 911 ambulance transport is literally $800. Her best friend had a $20k bill for having a baby in hospital. Yes insurance covered some of it but my wife was staggered with all the midwife appointments before birth and then post natal check ups etc etc all for free. Granted we pay NI. Pretty much everyone I know in the US is on some medication - exercise and decent diet doesn’t count so there are meds for everything.
When we go to the US I’m staggered at how much poverty I see driving about - abandoned houses and derelict or no go areas. Yes the U.K. has its troubles but the US today isn’t what it was from the movies when growing up or in the days when they put the first man on the moon etc. New estates and the latest go to places pop up, then fashions move elsewhere and the places are left to rot. There’s so much land so the way things works is different to here where houses are generally always occupied.
$20 to fill up a car can’t be bad but I can’t see us moving there unless it’s for retirement in Florida one day..!
Sorry if too one sided but just want to give my thoughts.
ukpolak said:
6. Eating poorly - we try to cook our own when visiting family but fruit n veg costs a bomb. The USFDA subsidises the meat industry so heavily but for cauli, fresh tomatoes, apples, broccoli etc you pay a fortune. I often show pics to my in-laws of 65p pineapples or 80p avocados from Tesco and they just can’t believe it. So you end up eating poorly, getting fat then needing meds..
Avocados were 79c each at Target yesterday. Up from the 59c special last week. Couldn't tell you what pineapple were...Sorry but I'm not being helpful, and doesn't immediately impact on your relationship and visas but it does suggest long term work in the US if you go there on a L1-B visa.
Consider the implications of working in the US, ie British citizenship, taxation [both countries, both want a piece but luckily my business sorted this], health insurance / NHS, pensions, and the issue of selling any capital whilst you are there. When I did it, support was critical an flexibility by the business essential [ie being able to split your time between the countries] as I wanted to return without issue.
A friend of mine married an asian and has gone through the 5 year expensive visa route. She wanted to live here so that was a fairly clear process, albeit complex with all the necessary paperwork and proof needed.
Consider the implications of working in the US, ie British citizenship, taxation [both countries, both want a piece but luckily my business sorted this], health insurance / NHS, pensions, and the issue of selling any capital whilst you are there. When I did it, support was critical an flexibility by the business essential [ie being able to split your time between the countries] as I wanted to return without issue.
A friend of mine married an asian and has gone through the 5 year expensive visa route. She wanted to live here so that was a fairly clear process, albeit complex with all the necessary paperwork and proof needed.
Be carfull, my wife had a UK visa in 2008, we intended to return to UK, but we never did.
The first visa was 2 years, then she had to reapply, for 3 years, then at 5years permanent.
We didn't come back, as planned, but she did spend time in the UK in the 2 years on extended holidays, but not enough to qualify for the 3 year extension.
We took advice and let the visa lapse, if we visit UK she now gets a tourist visa.
If we come back we have to start again, for the 5 years.
If you get the spouse visa, you have to use it, if you intend to live in USA then I wouldn't get the spouse visa until you are ready to move to the UK.
If you have a spouse visa you can't leave the UK for more than 6 months.
The first visa was 2 years, then she had to reapply, for 3 years, then at 5years permanent.
We didn't come back, as planned, but she did spend time in the UK in the 2 years on extended holidays, but not enough to qualify for the 3 year extension.
We took advice and let the visa lapse, if we visit UK she now gets a tourist visa.
If we come back we have to start again, for the 5 years.
If you get the spouse visa, you have to use it, if you intend to live in USA then I wouldn't get the spouse visa until you are ready to move to the UK.
If you have a spouse visa you can't leave the UK for more than 6 months.
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