Refused as a Fiancé -- Do I Get Married and Re-Apply?

[wint_88]

(Wasn't sure where this goes, so also posted here: http://www.immigrationboards.com/viewtopic.php?t=66138)

Hello,

I'm a USA citizen who has been living in Hong Kong for the past two years while dating my now fiancée, who is in the UK.

Here's the situation in which we find ourselves:

-Planning to move to the UK in early 2011, I hired a UK immigration firm to assist me in preparing a visa application.

-On recommendation from Counsel, I applied under the Tier 4 Dependant category as the fiancee of a student (my fiancée is doing her PHD through end 2012 at Cambridge)

-I prepared an extensive application, including several hundred pages of relationship proof. The application was submitted in late October to the UK Embassy in Hong Kong

-The application was evaluated in Manila by an outsourcing firm hired by the UK govt (http://www.vfs-uk-ph.com/)

-The application was rejected on the grounds that I had not "been living together in a relationship similar to marriage or civil partnership for a period of at least two years." It was known that I did not meet this requirement, but my UK counsel assured me that, provided sufficient relationship proof, the visa official would exercise discretion and grant the visa.

-I spoke with counsel, and they recommended that I appeal the decision. However, the appeal process takes 4-5 months and would require an additional 2500 GBP in legal fees. Counsel feels that the facts of the case are extremely strong, and we are almost certain to win on appeal. During the appeal process, I would not be able to live in the UK and may even be rejected from a visit due to being in the midst appeal process (immigration may feel I'm trying to circumvent the decision).

-I would like to be in the UK starting in January, as I have a job offer that requires me to be present in the country in the early part of the year.

-A separate option would be to have a civil ceremony as soon as possible, which would likely be in Hawaii in early December. My fiancée and I are comfortable getting married earlier and then having the full ceremony as originally planned (early 2012).

Our only concern would be applying for a spouse visa after having been rejected a non-spouse visa, and the marriage appearing to be in service of getting the visa. This is partially true: we'd be moving the date up in order to get the visa, but we had been planning to get married anyway and have abundant proof of a long and loving relationship. We've also been engaged for a year now, and have proof of both the engagement and several subsequent parties.

What would you do?

Thanks for your thoughts,

-Wint

[geriatrix]

Duplicate post