Complicated Immigration Spousal Visa

[Ether2020]

Hello,

I have a friend (U.K Citizen) who has fallen in love with a person that lives in the U.S but that person that lives in the U.S is illegally living there. They are both engaged and found a way to get married person but they don't know how the person living in the U.S illegally will be able to come to the U.K. Or is there another way to bring the person from the U.S to the U.K?

Thank you for your help

[THO]

A spouse visa has to be applied for from outside the UK by the person who is coming here, and he/she must legally be able to live in that country. So, he / she has to go back to their country, or one they can legally reside in and apply from there. But the marriage must also be legal, and if she was illegal in the US when they got married, maybe, the marriage was not legal and would not be recognised in the UK.

[Ether2020]

How long would they have to go back to the country as the person has nothing left in that country? Also, would they get into difficulties when they leave America?

[THO]

I have no idea if this person would get into trouble leaving the US, if this person is Mexican, then I expect they would be able to go back through the boarder by car/ on foot but just not be allowed back. Just a guess, but I can't see anyone being concerned about an illegal leaving the country.

The person would need to be there as long as the spouse visa takes to apply for and receive. Maybe 4 months, if they start the process immediately and there are no snags. The UK sponsor will need to meet all the financial and accommodation criteria before they can apply.

What is the UK's person's circumstances? Savings/ income/ living arrangements/ are there children to consider? Etc etc.