Immigration advice for my wife

[bigmang123]

Hi everyone,ive been looking around the forums and found some helpfull stuff,but nothing that exacly relates to our situation so here goes....

Im a UK citizen born here and my wife is from the USA,we moved to the UK in 2003 with my wife being on a tourist visa,we got married in july 2004 and had a kid in august 2004,we have been here for 4 years now but my wife has still not registered here legally,looking back we wished we had done this right from the start,we were stupid but whats done is done and now were looking for some advice to get her legal and also to get some idea what to expect......she has never worked illegally or claimed benefits,i have worked 2 jobs for the last 2 years keeping us going,but now we wants things to change so she can get a job,drivers licence ect,and live a normal life,any advice would be much appreciated.

Thanks in advance.

[Wanderer]

She'll have to go home to US and formally apply for a spouse visa. Might take a few weeks cos she has overstayed. Not a rubberstamp job this unlike most US apps.

In fact, u could get lucky, if she leaves via a quiet airport, ie not a London one she might get out without the dreaded stamp of disapproval. Having said that it does make it difficult for the spouse visa app if she's seemingly in two places at once.

Best to take the overstay on the chin, and provide lots of evidence for her spouse visa app.

[eliasuk4u]

I agree with wanderer, She has to leave UK and apply for 2 year spouse visa in US at British Hign Commission. Do provide lots of evidence that you both lived together in the same address by providing bills in both your names if you have, tenancy agreement or Mortgage letters/agreements etc, Pictures, etc. There are lots post which clearly says what are the evidence your wife need to submit in order to secure her visa. Good luck.

[bigmang123]

I dont think showing plenty of evidence would be a problem,we have lived together for 4 years and have a 3 year old boy,like you said about 'taking the overstay on the chin and providing lots of evidence'..What are our chances?,what happens if the application is rejected and how do we go about starting all this?

Thanks.

[eliasuk4u]

what happens if the application is rejected and how do we go about starting all this?

What makes you to think that your wife's application will be rejected? If you provide all the necessary documents then I don't see why it will get rejected. I don't think overstaying will be a problem when it comes to spouse visa.

[bigmang123]

I just thought it may be rejected because of the overstay and we would have to appeal,looking at the Home Office web site im not sure where to begin for our situation,there is so many forms,any insight on where to begin and what the procedure is once they receive the application?

[eliasuk4u]

im not sure where to begin for our situation,there is so many forms,any insight on where to begin and what the procedure is once they receive the application?

Please have a look at this link for the forms and documentation required for your wife's spouse visa http://www.immigrationboards.com/viewtopic.php?t=12301

Your wife's might not be complicated as mine as I think your is straight forward and I assume that it wouldn't take that long to process either depends on the work load at BHC where you apply.

[bigmang123]

Is there any way around her having to go back home to apply,can we not do this from within the UK,and the fact she has a 3 year old boy born here after we were married have any bearing on her immigration application?

[Wanderer]

Is there any way around her having to go back home to apply,can we not do this from within the UK,and the fact she has a 3 year old boy born here after we were married have any bearing on her immigration application?

No, no and no. Sorry mate.

[sakura]

Is there any way around her having to go back home to apply,can we not do this from within the UK,and the fact she has a 3 year old boy born here after we were married have any bearing on her immigration application?

Overstayed is overstayed, simple as. Unfortunately, if everyone used their links to the UK to overcome immigration rules, then there's no point having rules.

Although - there was a case two weeks ago about someone who won their appeal for their spouse visa to be issue in-country, despite the husband being an overstayer: http://www.immigrationboards.com/viewtopic.php?t=17653 and http://www.immigrationboards.com/viewto ... ht=#105016

and anything by zara. But one main point: we don't know when they initially applied, but the fact that they initially lost their application and had to go through some long drawn-out battle means that, it is generally better to apply from home.

Why? Well, in zara's case, not 100% sure here but I think the HO also had the right of appeal, but they're generally not party to chasing people for ever, and normally give in at times. So it could well have been a long battle.

Also, your wife's a US citizen. Last time I checked, the US wasn't a war-zone. You could make a holiday out of this, since the UK immigration authorities don't chase Americans as much as Zims or Iraqis, you could sort this out much sooner than you think.

If you bombard them with evidence AND tell the truth, she could be back within a month or two. She has family there? If you're working, she can take your son with her - he obviously doesn't need a visa, and it's just her application. So you go as a family and submit the application, then if you need to go back to work, then do so - it normally doesn't take too long applying from the US, if it's a straightforward application (i.e. she isn't a terrorist suspect ).

[eliasuk4u]

Is there any way around her having to go back home to apply,can we not do this from within the UK,and the fact she has a 3 year old boy born here after we were married have any bearing on her immigration application?

I don't think so. You may apply in country but there is no time scale after 3 or 4 years (Yes, sometime it does take that long in Home Office and it happened to me.) Homeoffice will write to saying that your wife's case is rejected and she has to go back and apply for spouse visa. You will waste time as well as money. So I think going back and applying is the easiest and quickest but not cheapest obviously.

[Wanderer]

You have to think youself lucky really and not ask for too much, if you reverse the situation and you overstayed in USA I'm not totally sure but I doubt you'd ever get back in officially...

UK immigration policy is complex, but in the world-wide scheme of things, very fair. Expensive of course.

Are there any other nations' immigration laws with as many discretionary rules as the UK?

And I'm not fan of my own country, belive me...

[JAJ]

Is there any way around her having to go back home to apply,can we not do this from within the UK,and the fact she has a 3 year old boy born here after we were married have any bearing on her immigration application?

Others have answered your question. And with respect, it really wasn't smart to have just arrived as a tourist and overstayed. If your wife had done things the proper way she would be a British citizen by now.

You should make sure you have a U.S. passport for your child. The child is probably an American citizen (as well as British) and as such, must enter the United States on a U.S. passport.

[bigmang123]

Well id like to thank everyone for their advice,you have pointed us in the right direction,its clear we have to apply in the states i just hope it does not take too long to receive the visa,thanks again much appreciated.