Sorry, I meant are you to marry immediately after you receive your decree absolute? A spouses visa would be the most sensible way forward to securing her settling here.
Don't worry if you are not to - you still have the option of a sponsored worker's visa.
Would you both be prepared to make an application for a workers visa now and then marry at a later date in the US? Once married she should make a further in country application for a spouses visa.
Two applications, two application fees but she must have a job offer and a certificate of sponsorship for the workers visa. How soon until these two things are concrete?
Sorry, when I said "you" I meant as in "her". She would obviously be the one making the application in both cases
If the certificate and job offer area available on 15th March then the quickest way to get here here would be on a workers visa, but when would she actually be coming to work here - would it be after her masters is completed in June?
An ancestry visa is not available to her because she is not a commonwealth citizen I'm afraid.
She can't travel here on a visitor's visa (ie. 6 months granted to US citizens upon port of entry) and then apply whilst she is here because it is a term of her visa that she will return home and not attempt to secure further leave to remain in the UK whilst visiting.
Realistically, if your decree absolute came in three months time (Mid-May), you married immediately afterwards (say end of May) and made an application immediately for a spouses visa then taking account of the 8 weeks it takes the UKBA to reach a decision you could conceivably have her spouses visa by beginning of August. The difficult with this way forward is that the UKBA some frequently times take longer than the 6 weeks to approve. If they do not approve then you would have to appeal which would take a further 2-3 months. This would put your fiance's job starting date in jeopardy.
The safest way forward to get her here and able to work in the start of August would be for her to make an application for a Tier 2 visa based on her job offer/certificate of sponsor ship.
Check that she meets the points eligibility criteria on the following page:-
If she has a certificate of sponsorship, a BA and access to funds then she will have no problem meeting the criteria.
Once you have the job offer and certificate of sponsorship she can make the application and the visa will usually be granted to allow her to come here for two months before the job actually starts. If it starts on 1st August, I would expect the visa to be granted from 1st June.
She will need to submit form VAF9 to the British Embassy nearest to her in the US. IT would obviously be best for a solicitor to prepare the application and supporting documents to give her the best possible chance of a swift approval. It should cost around £800-1000+vat for this.
You can find UK solicitors near you using the following site:-
If you wish to see her in the meantime then she could come now for a short visit and bring her supporting documents to take to a UK solicitor to start preparing the application. If not, then she can send them to you/the solicitor.
She will need to submit her passport when making the application so will not be able to travel until a determination has been reached by the UKBA.
If this is useful please kindly click accept so that I may be rewarded for my time. You will be free to ask follow up questions.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).