American Spouse wanting to VISIT after Immigration Offence

iamsuperbritish · Post by **iamsuperbritish** » Sat Jan 24, 2015 2:07 pm

Hello,

I am in the process of sorting my financials out and preparing my documentation to bring my american wife over from the USA on a spouse visa, but that will take me 6 months.

She has been here in summer 2014 after we got married in Bangladesh, but she got detained and was ordered to self remove to the USA asap. Which she did and we paid for our own ticket and didn't depend on the tax payer's dime.

Now she is back in the USA, she is going crazy and doesn't want to spend so much time apart, she wants to come on a visit again for like 6 weeks, but what are the chances they will let her enter?

She has shown trustworthiness of going back the first time and not messing about, and also she will definitely have a return ticket, and I will be there (I am going to the USA and I want her to come back with me for a visit for a few weeks).

Any thoughts?

Post by **manci** » Sat Jan 24, 2015 3:32 pm

why was she detained last summer?
subject to your answer it would be safest if she applied for a visitor's visa before embarking on the journey to the UK.

iamsuperbritish · Post by **iamsuperbritish** » Sat Jan 24, 2015 3:37 pm

manci wrote:why was she detained last summer?
subject to your answer it would be safest if she applied for a visitor's visa before embarking on the journey to the UK.

She was detained last summer due to entering the UK to get married but not disclosing that. We then later realised that we are highly misinformed and we do NOT need to get married here because we are married under Bangladeshi law, but by this time it was too late she had already been detained.

They did let her go the same day and gave her papers to book a flight and get out of the country. She paid for her own flight and they gave her passport back to her at the departure airport and she left. She is AMERICAN and to my knowledge and research online is American passport holder would NOT need to apply for anything as long as it's a short term visit with no work and a means to return back to the USA.

Post by **manci** » Sat Jan 24, 2015 4:29 pm

iamsuperbritish wrote:[. She is AMERICAN and to my knowledge and research online is American passport holder would NOT need to apply for anything as long as it's a short term visit with no work and a means to return back to the USA.
US citizens are not visa nationals and don't need a visitor's visa for short visits but under the circumstances it would be advisable to apply for one before she travels. You don't know what has been entered in her immigration records and applying for a visitor's visa in the US would give her an opportunity to fully explain the circumstances. This is also to avoid the risk of lengthy questioning at the UK border and possible detention and refusal of leave to enter.

iamsuperbritish · Post by **iamsuperbritish** » Sun Jan 25, 2015 9:57 am

manci wrote:
iamsuperbritish wrote:[. She is AMERICAN and to my knowledge and research online is American passport holder would NOT need to apply for anything as long as it's a short term visit with no work and a means to return back to the USA.
US citizens are not visa nationals and don't need a visitor's visa for short visits but under the circumstances it would be advisable to apply for one before she travels. You don't know what has been entered in her immigration records and applying for a visitor's visa in the US would give her an opportunity to fully explain the circumstances. This is also to avoid the risk of lengthy questioning at the UK border and possible detention and refusal of leave to enter.

Thank you for your answers, I have a couple of additional questions.

1. Can I apply for her form the UK via visa4uk.fco.gov.uk OR does she need to so do herself?

2. Can I show 100% financial support for her? Will this be accepted? (I am her husband and I do support her genuinely)

Thanks

WR1 · Post by **WR1** » Sun Jan 25, 2015 10:59 am

iamsuperbritish wrote: 1. Can I apply for her form the UK via visa4uk.fco.gov.uk OR does she need to so do herself?

The application needs to be applied for from the country of origin or residence.

2. Can I show 100% financial support for her? Will this be accepted? (I am her husband and I do support her genuinely)

You will need to show you are earning a minimum of £18,600 per annum and provide the last six months of pay slips and corresponding bank statements

Post by **manci** » Sun Jan 25, 2015 11:38 am

she must apply for the visitor visa herself in the US and should provide a full explanation and background to the episode at the airport.

When considering visitor visa applications ECOs are looking for evidence that applicants intend to return to the home country such as, for instance, having a job there.

You should also provide a letter confirming that she will leave the UK before her visitor visa expires and that you are in the process of preparing a spouse visa application which she will submit in the US after her return.

iamsuperbritish · Post by **iamsuperbritish** » Mon Jan 26, 2015 9:42 am

Thank you for all that I understand what I need to do, but why has WR1 said in need to show £18,600 income right now? That's for spousal visa isn't it? Plus if I had that paperwork in order is wouldn't need to apply for a visit visa I would skip that and apply for the main spouse visa.

Also because this visitor visa application is really to just explain ourselves would be mandatory to provide all documents such as earnings, letter of invitation etc? Can we just submit with a detail letter of events and explanation that she will return as we are in process of applying for a spouse visa. As she is an american with an American passport I would assume she wouldn't need to provide the extra stuff for a visit visa as on a normal occasion she would trav freely anyway?

Thank you for your help!

Post by **manci** » Mon Jan 26, 2015 11:54 am

iamsuperbritish wrote:Thank you for all that I understand what I need to do, but why has WR1 said in need to show £18,600 income right now? That's for spousal visa isn't it? Plus if I had that paperwork in order is wouldn't need to apply for a visit visa I would skip that and apply for the main spouse visa.
correct, the £18.6k income requirement is only to do with the spouse visa, not the visitor visa

Also because this visitor visa application is really to just explain ourselves would be mandatory to provide all documents such as earnings, letter of invitation etc?
If she works in the US do provide evidence. Letter of invitation from you is necessary. Read the guidance
https://www.gov.uk/general-visit-visa/overview
and
https://www.gov.uk/government/uploads/s ... uments.pdf

Can we just submit with a detail letter of events and explanation that she will return as we are in process of applying for a spouse visa.
that should be done

As she is an american with an American passport I would assume she wouldn't need to provide the extra stuff for a visit visa as on a normal occasion she would trav freely anyway?
her UK immigration history is no longer "normal".

Thank you for your help!

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