Fiancee panicked and lied - Help!

[hwyl]

Hi all,

I’m looking for a little help please. My American girlfriend is living with me on a six month visitor visa and we got engaged in October. Our plan was for her to fly back to America at the end of Jan, and I’ll join her shortly afterwards to marry in Vegas, before she applies for a spouse visa to join me back at home.

All sounds perfectly fine and legit, right? Well we met a massive hick-up on the way back from a holiday yesterday. We went abroad in October and on return she was asked a few questions, but pointed out that she’d already been granted a six month visitor visa and was waved through with no further hassle. I expected the same this time around. Unfortunately, on this occasion the border guard was very suspicious and asked the typical border questions for granting a visa in the first place (e.g. is the ‘friend’ you’re staying with a boyfriend, are you returning to a job in America, funds, return plane ticket etc).

My fiancée panicked, knowing that she had no supporting evidence with her (as we honestly thought that she was ‘re-entering’ – a belief supported by her previous experience). So basically she stuck to the same thing that she’d said when granted the visa originally: she’s going back to America in Jan, she’s here primarily as a visitor, and is looking to do an Masters Degree when she goes back to the States. When asked about me being a boyfriend, she said, “mmm…it’s complicated…â€

[batleykhan]

Even though your girlfriend slightly messed things up, I do not think it will have any implications on any subsequent application for spouse or fiancee visa that she may decide to apply for.

I think the ECO might be refering to any more visitor visas that your girlfriend may make.

She was not refused entry into the UK, therefore she is not in breach of any rules.

I would not worry to much about it. Just make sure you get your story right for when she applies for the permaant visa. If asked or question at a later stage, just say circumstances have changed since this incident.

If she meets teh criteria for the fiancee/spouse visa, she has nothing to worry about.

Hope this helps

[hwyl]

Thanks a lot for your advice - batleykhan.

Has anyone else got any thoughts on the matter?

Thanks so much.

[Casa]

Batleykhan has given you good advice.

[hwyl]

Hi all,

Many thanks for your help batleykhan and Casa – you’ve helped set my mind at rest! I’ve just got one more query:

I read on the sticky, Wife Settlement Visa - Successâ€

[batleykhan]

http://www.immigrationboards.com/viewtopic.php?t=66244

Have a read of the above post and let me know what you think

[hwyl]

Hi batleykhan,

thanks for directing me to the other post. It's very helpful but different from my circumstances, as the poster applied for a fiance visa, got clearance, was subsequently married in the UK and applied for FLR.

I'll be doing it this way: fiancee fles back to the States in Jan 2011 (presently living with me) - I fly out to marry her in Feb 2011 before returning home - she applies for a spouse visa to join me.

I think this was the route referred to in the orginal sticky that I mentioned. I'm still a bit unsure of whether there's any chance of my then wife and myself being able to come in person to a British Consulate after submitting online and (according to the orginal sticky) having a visa granted after they'd gone through the supporting evidence with us?

I'll only be in the States for two and half weeks and we'll be following a rather far-flung honeymoon road trip. What we'd like to do is submit the VAF4A application asap after marrying (could we even do this prior to marriage - as long as we had the certificate ready when it needs to be submitted?).

Or am I chasing rainbows here and the only way is to get married, enjoy our honeymoon, me to return home and my wife to have her biometrics taken and then wait up to 60 working days for clearance? Obviously, I'd like to be there with her if we get a chance to submit evidence in person as I doubt she's very familiar with UK pay slips and bank statements. However, I work full time and can't hang around for an unspecified date.

Again, I'd be really grateful for any advice.

Thanks a lot

[ElenaW]

No she can't go in person. There is no such service offered in the US. If she shows up, they won't even let her enter to submit her documents. She needs to send all of her supporting docs through the post and if she wants the decision expedited, she will have to pay $300 extra through the world bridge site. The quicker service now takes up to 15 days unless your case is complicated then it will take longer but from the sounds of it, you're pretty straight forward.

You can submit your application before you get married but you will need your marriage certificate asap because you only have 14 days after biometrics to actually sumbit everything. So I wouldn't risk it and wait for it to be in my hands. Of course you can fill out the application and save it (it saves for 7 days). By the way, it's online that you apply and you don't use form vaf4a but it's pretty much the same questions on the online system.

[hwyl]

Hi ElenaW,

Many thanks for your help. Ok, no problem - it's a huge relief actually, not having to rush around with applications, biometrics and interviews instead of just enjoying our honeymoon!

I'd definitely be willing to stump up an extra $300 to get my girl over asap. Has anyone reported on World Bridge's service? I'm sure as you're all aware, airline tickets are very expensive if purchased short-notice, so we'd like to be booking her return flight from America to the UK around now. Obviously we'd give it some flexibility, e.g. if it's 15 working days processing, we'd look for a flight a month after I fly back from the honeymoon. This would allow for biometrics, posting documents, and any delay over 15 days. Do you think this is realistic?

I think our case is pretty open and shut. There's only two issues:

a) my fiancee arrived to live with me on a visitor visa for five months, yet the supporting emails we'd like to submit as proof of our relationship would make it clear that we were a couple before her arrival. Would this be questioned as serious deceipt or is it pretty trivial for a spouse visa? She has two different passport stamps from this period, and plenty of photos showing that she was doing some actual travelling too.

b) the original subject of this thread, that my fiancee was recently questioned upon entry on the way back from holiday. Panicking, she told the officer that she was going back to the States to study etc. This information was written down and an identifying stamp put in her passport. Other contributors didn't think this was a big deal and was likely only related to future visitor visas.

I hope the latter's not a big deal but all the evidence we'll be submitting will contradict the what she said at the border, e.g. we'll have wedding chapel receipts predating the questioning by a month.

Are these two issues problematic enough to cause a delay to priority visa processing? Like I said, other than that we've no 'complications' and tick all the boxes.

Again, I'd love any advice.

Thanks so much

[hwyl]

Hi there,

thanks for your help so far guys.

Would anyone be able to assist with the last two questions that I raised?

Thanks a lot

[batleykhan]

Hi there,

thanks for your help so far guys.

Would anyone be able to assist with the last two questions that I raised?

Thanks a lot

I honestly believe you will not have any problems if you apply and be honest with your answers. Do not worry to much as to what happened previously. Just be honest with everything and the ECO will believe you.

Now go and apply and see what happens.

[ElenaW]

Hi there,

thanks for your help so far guys.

Would anyone be able to assist with the last two questions that I raised?

Thanks a lot

I honestly believe you will not have any problems if you apply and be honest with your answers. Do not worry to much as to what happened previously. Just be honest with everything and the ECO will believe you.

Now go and apply and see what happens.

Totally agree but would like to add that you shouldn't send emails in with your application. If you want to include these (and they will most likely not even reach the ECO to be looked at as a clerical worker shuffles through documents before they reach the ECO) then include the logs of the dates and email addresses only not the actual conversations.

2 pictures and your marriage certificate are enough. As you're partner is applying from the US it's just the marriage certificate that they want to see. Unfair to other countries but that's how it is.

[hwyl]

Many thanks once again guys.

Sorry, I really didn't want to appear needy - I'm just totally new to all this and don't want anything to go wrong. Had I applied without knowing anything of this forum, I'd no doubt have assumed that a US citizen marrying a UK citizen shouldn't cause any headaches. It's just that I've read so many horror stories here and tend to get the impression that the Border Agency doesn't distinguish between potential economic settlers and someone who'd have little reason to leave the US other than genuine marriage.

Thanks so much for the reassurance.

Kind regards,