Spouse Visa Question

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Here's my situation. I met and fell in love with a girl from the USA when she was staying here 2 years ago. Since then we've had a few trips back and forth and kept in contact by phone and internet when not together.

Anyway, to the point. She has been staying here on a visitor's visa for the last 2 months and we have decided to get married. Is there any way for her to stay or will she have to return to the USA and apply for a spouse visa from there? I am a UK citizen.

Thanks for reading.

[John]

She will have to return to the States and apply for her settlement visa there. It is not possible to apply to convert visitor visa into a settlement visa in the UK. Neither is it possible to get married in the UK when holding just a visitor visa.

But where will the marriage take place? If in the States then she will need to apply for a spouse visa after the marriage has taken place.

Alternatively, if the marriage is intended to take place in the UK, she will need to return to the States and apply for a fiancée visa, so that she can return to the UK and then proceed to get married here.

Not really bothered where the marriage will happen? In that case get married in the States and then apply for a spouse visa. Why? Doing that will cut out the hassle and expense of converting the fiancée visa into a spouse visa in the UK. The cost of that application would be £335 by post or £500 in person at a PEO ... Public Enquiry Office. It would also mean that as soon as she arrives in the UK on her spouse visa she would be able to work, whereas work is not permitted on a fiancée visa.

Lots more information on the www.BritainUSA.com website, including how to submit an application online. Recommended! And then follow the instructions on screen about where to send the supporting evidence, where and when to attend for an interview, etc..

By the way, congratulations on the engagement!

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Thanks for the reply, that seems straightforward enough. There is one thing that we're worried about though. 3 years ago she worked in the UK while over on a vistor visa and then over-stayed by two or three weeks as well. While there's no way they will know she worked will they be able to find out about the over-stay and would that then be a problem?

[John]

I really don't think that will be a problem. Some people who overstay for years seem to have no problem getting a settlement visa after returning to their country, so a week or two is hardly likely to cause a problem.

[L_E_O]

I'm 90% sure there is a question on the application which asks if the applicant has ever overstayed a visa in the UK. This question should be answered honestly, it won't harm her chances of getting a fiancee/spousal visa as settlement visas are treated differently from other types of visas.

Also be aware that this question might delay the decision on her application a bit but she should still have no trouble getting the visa - I'd suggest applying by post and explaining the overstay (along with saying how silly it was to overstay and that she promises never, ever to do it again) in the covering letter since the visa might not be granted the same day.