US Fiancee visa for rejected UK resident applicant

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US Fiancee visa for rejected UK resident applicant

Postby bigarko » Mon Jan 09, 2017 1:28 pm

Hello all
I'm in a quandary here, would appreciate any thoughts on my complicated situation.
I Live in Texas and have known my fiancee since childhood, we've decided to get married this year. The problem is, she is in UK and have applied for leave to remain but homeoffice have delayed their decision to approve or not for the last 3 years. She came to UK on visit visa 15 years ago and overstayed but her papers are still with the homeoffice.
I want to apply the fiancee visa for her to come and visit me in the US. Can it be done whilst she is in the UK now or she has to go back home. She is from Nigeria and it's not the easiest places to get visa approval. Her papers are with the homeoffice at the moment. Any help or thoughts will be appreciated
bigarko
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US Fiancee visa for rejected UK resident applicant

Postby bigarko » Mon Jan 09, 2017 1:36 pm

Hello all
I'm in a quandary here, would appreciate any thoughts on my complicated situation.
I Live in Texas and have known my fiancee since childhood, we've decided to get married this year. The problem is, she is in UK and have applied for leave to remain but homeoffice have delayed their decision to approve or not for the last 3 years. She came to UK on visit visa 15 years ago and overstayed but her papers are still with the homeoffice.
I want to apply the fiancee visa for her to come and visit me in the US. Can it be done whilst she is in the UK now or she has to go back home. She is from Nigeria and it's not the easiest places to get visa approval. Her papers are with the homeoffice at the moment. Any help or thoughts will be appreciated
bigarko
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Re: US Fiancee visa for rejected UK resident applicant

Postby Casa » Mon Jan 09, 2017 1:38 pm

To simply visit you or to marry in the US :?:

Unlikely that the US Embassy will grant her any category of visa as she has no valid leave in the UK. She may stand more chance if she returns to Nigeria and applies from there, but the UK overstay will be on record and will have to be declared in any application for a US visa.

To clarify, visitors to the UK are not permitted to switch to any other visa category from within the UK, so it's not surprising that the Home Office have retained her documents for 3 years without issuing any leave to remain. :idea:
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.
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Re: US Fiancee visa for rejected UK resident applicant

Postby noajthan » Mon Jan 09, 2017 1:38 pm

No need for multiple repeated posts - stick to this one.
Migration is a journey not a destination. When I despair, I remember that all through history the ways of truth and love have always won. E&OE.
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Re: US Fiancee visa for rejected UK resident applicant

Postby bigarko » Mon Jan 09, 2017 1:58 pm

Thanks casa, we hope to get married in the US. Does that make any difference? I'm intending to process all the application from the US so thought it'll be a case of her showing up at the US embassy in UK for interview. Much appreciate your thoughts?
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Re: US Fiancee visa for rejected UK resident applicant

Postby Casa » Mon Jan 09, 2017 2:45 pm

She will be asked to show that she has legal residence in the UK and from your post it appears that this won't be possible under the circumstances.

How will she be able to apply for a US visa without being possession of her documents, which I assume includes a valid passport? :idea:

A negative immigration UK record will adversely affect a visa application in the US, even if in the unlikely event the Home Office could be persuaded to release her documents.
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.
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