Help! visa expiration/COA: time running out

[asab1213]

Hi I recently stumbled on this forum when my fiance and I were in desperate need of advice when going through the COA process.
To see people going through similar situations and pressures helped us incredibly, but things have become even more troubling and we again are in a confused and at a worrying point where we don't know where to turn???...

I'm a British citizen engaged to an American. My fiance and I applied for a COA three months prior to her student visa expiry date.
Due to financial complications on the UK Border Agency's part they rejected the application and asked us to re-submit an application. We didn't receive that letter till mid December.
We immediately re applied and were told by one of the employees at the home office that the time from our first application would be taken into consideration.
We then heard from the home office in early January requesting for affidavits from both of us. After submitting that within days of receiving the letter we still have not heard from them.
Even though the home office is aware of our ceremony and reception plans due for the end of February I doubt we will hear a response by then (?).
We were hoping to apply for our marriage visa as soon as we hear from the border Agency about our COA.
Her student visa expires in a matter of days and we don't know what exactly we're supposed to do or can do? Can anyone help or offer some advice?

[isceon]

Just be patient you will receive soon ur coa if u proved that the intended marriage is genuine.
The coa is not an immigration status .
Good luck

[asab1213]

Thanks for replying. I wish we could be patient we are just more worried about her visa expiring. It expires in a couple of days and we don’t know whether or not it will affect the COA process or our potential marriage visa.

[isceon]

No it won't affect ur coa or marriage.

[asab1213]

Thanks isceon, that’s a huge weight off our minds. We were under the impression that even if we were married after her visa expires we could still not apply for the marriage visa without her having to go back to America.

[Wanderer]

Thanks isceon, that’s a huge weight off our minds. We were under the impression that even if we were married after her visa expires we could still not apply for the marriage visa without her having to go back to America.

The CoA is NOT a visa, ur gf will have to return home before her student visa expires or face the consequences of being an overstayer and all the grief entailed with that.

In any case even after the CoA and marriage she would have to return home to apply for a spouse visa no getting round that.

[asab1213]

What exactly are the consequences for being an overstayer? How can she go back now before her visa expires since the Border Agency has her passport. After all the effort, money, and time spent in applying for our COA we can’t just cancel the process so she can go back to America.

Once we are married how long do you think we will have to be a part when we apply for our marriage visa?

[hamid84]

That would be long process i believe.. You will have to sponsor her by showing your job etc.. ( STANDARD PROCESS ).

[sakura]

What exactly are the consequences for being an overstayer? How can she go back now before her visa expires since the Border Agency has her passport. After all the effort, money, and time spent in applying for our COA we can’t just cancel the process so she can go back to America.

Once we are married how long do you think we will have to be a part when we apply for our marriage visa?

Have you made an emergency call to the agency? If she needs the passport to travel (if she wanted to leave before her visa expires), it would be best to call them and notify them of this. (Unfortunately I do not know which number you should call!). That might speed things up, and she might be able to leave and re-enter as a tourist.

There probably would not be a major issue if she overstays by a few days (waiting for the passport to return before leaving), but it will have implications on future applications and is generally best avoided.

[asab1213]

Sakura,

She did call the agency and was told that she needed to apply for a student extension. We could not speed up the process only cancel it.The only student extension we saw was the PSW visa. In our current position it doesn't make a lot of sense to apply for that given the time we have left and spend another 295 on a visa that may or may not be granted.