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Question about immigration procedure for US national

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Nealo
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Question about immigration procedure for US national

Post by Nealo » Mon Aug 27, 2007 11:26 am

Hi
My other half is a US national, i am a UK citizen. We have been dating for over a year now, during which time she fell in love with the UK and decided to study here with a view to eventually being qualified to get a job when we marry. Her student visa is in hand now, and she plans to come here in 3 weeks in time for the start of term. We plan to get married in a year or so. We didnt want to marry for the wrong reasons - IE just to get her a visa.

Now, obviously she HAS the student visa so that is not at issue. The only slight concern i have is whether it will come into play the fact that she has been here before a LOT in the last 12 months as a visitor (about 5 visits). She has only stayed about a week at a time, but will they be suspicious about that, and if so, is there anything she can do to get round it?

Thanks in advance for your help

Nealo

Wanderer
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Re: Question about immigration procedure for US national

Post by Wanderer » Mon Aug 27, 2007 11:35 am

Nealo wrote:Hi
My other half is a US national, i am a UK citizen. We have been dating for over a year now, during which time she fell in love with the UK and decided to study here with a view to eventually being qualified to get a job when we marry. Her student visa is in hand now, and she plans to come here in 3 weeks in time for the start of term. We plan to get married in a year or so. We didnt want to marry for the wrong reasons - IE just to get her a visa.

Now, obviously she HAS the student visa so that is not at issue. The only slight concern i have is whether it will come into play the fact that she has been here before a LOT in the last 12 months as a visitor (about 5 visits). She has only stayed about a week at a time, but will they be suspicious about that, and if so, is there anything she can do to get round it?

Thanks in advance for your help

Nealo
Sounds like prudent use of the visa waiver to me! Some other have abused it with six months stays and paid the price.
An chéad stad eile Stáisiún Uí Chonghaile....

Nealo
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Joined: Mon Aug 27, 2007 11:19 am

Post by Nealo » Mon Aug 27, 2007 11:40 am

Oh thats such a relief to hear someone say that. Thank you!
Yes we have been very careful to do everything abouve board and legit.
I am even INSISTING she works a maximum 20 hours a week when she gets here even though i know most work under the table for far more!

Wanderer
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Post by Wanderer » Mon Aug 27, 2007 11:54 am

Nealo wrote:Oh thats such a relief to hear someone say that. Thank you!
Yes we have been very careful to do everything abouve board and legit.
I am even INSISTING she works a maximum 20 hours a week when she gets here even though i know most work under the table for far more!
Well they check with IR now so don't follow suit!
An chéad stad eile Stáisiún Uí Chonghaile....

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Post by Administrator » Mon Aug 27, 2007 11:55 am

.

It seems you should be OKay. The number of visits and the total time involved are not egregious. Being an American in Britain, she has about just about the most going in her favor.

If you are questioned, you can certainly mention that some part of those visit times were spent getting the study arrangements in place. For added insurance, try to make sure you have documentation in place to demonstrate all financial/living arrangement support required.

If things work out between you, as the student visa comes up for expiration you can consider moving to a fiancée visa for a bit extra time before going for the marriage visa.

If you will be living together, establish and document your cohabitation beginning at the earliest date possible. It will come in very useful later to establish & prove a long-term and durable relationship when you get to the fiancée/marriage/& ILR stages.

The best of luck to both of you!

the Admin

Nealo
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Post by Nealo » Tue Aug 28, 2007 1:30 pm

That is all SUCH a relief! Thank you so much for your advice! I will let you know how it goes!

Thanks again

Nealo

Dawie
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Re: Question about immigration procedure for US national

Post by Dawie » Tue Aug 28, 2007 1:37 pm

Nealo wrote: Now, obviously she HAS the student visa so that is not at issue. The only slight concern i have is whether it will come into play the fact that she has been here before a LOT in the last 12 months as a visitor (about 5 visits). She has only stayed about a week at a time, but will they be suspicious about that, and if so, is there anything she can do to get round it?
Suspicious about what? 5 visits in 12 months is not a lot of visits at all.
In a few years time we'll look back on immigration control like we look back on American prohibition in the thirties - futile and counter-productive.

Nealo
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Post by Nealo » Tue Aug 28, 2007 1:48 pm

Well i wondered if it would raise any flags the fact that she has been here on visits and then suddenly decides to study here. I figured there was a risk that they might think the visa was for suspicious circumstances - IE JUST to get here to be with somebody, which technically she IS.

However i never thought of using the trips for research purposes as an excuse which is a GREAT idea!

Thanks again

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