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Spouse visa application concern please advise

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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Johnnybigspuds
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Posts: 2
Joined: Wed May 20, 2015 12:21 am

Spouse visa application concern please advise

Post by Johnnybigspuds » Wed May 20, 2015 12:43 am

I am British and my wife is American.

Before i got married, my wife overstayed as her friend was given the cash to buy my at the time fiances air tickets, for 5 months and 2 weeks, my fiance came here, and after 4 months we checked ticket date and her friend had only booked the ticket for 2 weeks, it took me a year to raise the money as when she initially came over i had just ceased trading as a business and was unemployed, we contacted the american embassy and they could offer no assistance but will have a record of our calls.
she over stayed by 11 months. During this time i trained for a job and have been in that job for 18 months now, meeting the financial requirement.
she went back to the USA, and it was not noticed that she overstayed so wasnt deported or anything and left the UK without issue.
After 8 months i flew over to the USA and we got married.
a month later we have filled in the papers and done biometrics and they have now been sent off.

we had to make a choice and i am wondering which the best would have been.

The form asks have you ever been to the UK and if so when and when did you leave?

would it have been best to

A: be factual which would highlight the overstay and could get visa denied and possible 10 year ban

Or

B: put down the correct arrive date and intended depart date and hope they do not notice and if they do explain the reason for the overstay and hope they do not reject the visa and ban for 10 years hoping they understand we just want to be together.


what would the best option have been?
Any advice would be very much appreciated.
thanks

Obie
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Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Spouse visa application concern please advise

Post by Obie » Wed May 20, 2015 1:48 am

The overstay should no be a problem for a spouse visa. It should not be a problem. No need withholding such information.

Provided you meed the financial and accommodation requirement, she should be fine.
Smooth seas do not make skilful sailors

Johnnybigspuds
Newly Registered
Posts: 2
Joined: Wed May 20, 2015 12:21 am

Re: Spouse visa application concern please advise

Post by Johnnybigspuds » Wed May 20, 2015 1:50 am

Obie wrote:The overstay should no be a problem for a spouse visa. It should not be a problem. No need withholding such information.

Provided you meed the financial and accommodation requirement, she should be fine.
Thank you so so much sir
we printed the form out with the intended date
and amended the date this evening.
Thank you so so much for clarifying

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