Overstayer / Required to leave / VAF2?

[Johnson333]

In the VAF2 Settlement Form question 7.16 says:

Have you ever been refused entry to, deported from, or otherwise required to leave, another country? Yes or No

How does this relate to someone who has overstayed in a country and then taken the voluntary decision to leave and go back their country of citizenship? In my case my future wife has overstayed in the states. We are going to marry in the states and then travel to back to Ecuador where she is citizen and apply for a Spouse Visa.

We have no intention to hide anything (she moved there when she was a child with her parents), but I am just wondering what the correct way to answer this question is.

thanks!

[John]

As regards Q7.16 on the VAF2 form, I think you can answer "no".

But you say that she has overstayed in the States, and also say that the marriage is intended to happen in the States. Do you envisage her having a problem getting another visa to enter the States?

Is there any particular reason why the marriage needs to happen in the States? Couldn't it happen in Ecuador? Or indeed in the UK after the issue of a fiancée visa in Ecuador?

[Johnson333]

As regards Q7.16 on the VAF2 form, I think you can answer "no".

But you say that she has overstayed in the States, and also say that the marriage is intended to happen in the States. Do you envisage her having a problem getting another visa to enter the States?

Is there any particular reason why the marriage needs to happen in the States? Couldn't it happen in Ecuador? Or indeed in the UK after the issue of a fiancée visa in Ecuador?

I would have thought she would have plenty of problems trying to get back into the States after she leaves for Ecuador, but its ok because she doesn't intend on going back. We will marry, go to ecuador and then we intend to live in the UK.

The reason for marrying in the States is that her friends and family are there. We wanted to marry before them all (civil and church), if we were to do this in Ecudaor or in the UK then she would have very few people there to support her. I have had a brief chat with the court house in orlando about our marriage and they inform me that as long as she has a valid Ecudorian passport we can go ahead with the civil.

She is fully aware that after she leaves the States the chances of her going back are very slim, but she is prepared to do this because we want to be together.

Should i declare the overstaying in the 'other information' section at the end of the form? I would imagine it will be quite apparent to the embassy that she has been out of the country for some time, esp if we submit her bank statements and payslips (she paid tax!) from the States.

[John]

Should i declare the overstaying in the 'other information' section at the end of the form?

Given that she will be submitting the evidence from the States, it might be best to mention something as mundane as "From (date) to (date) I lived in the United States."

I would have thought she would have plenty of problems trying to get back into the States after she leaves for Ecuador, but its ok because she doesn't intend on going back.

Ah right, it was not clear that she is still in the States.

[Johnson333]

Should i declare the overstaying in the 'other information' section at the end of the form?

Given that she will be submitting the evidence from the States, it might be best to mention something as mundane as "From (date) to (date) I lived in the United States."

I would have thought she would have plenty of problems trying to get back into the States after she leaves for Ecuador, but its ok because she doesn't intend on going back.

Ah right, it was not clear that she is still in the States.

Cool. Thanks for the advice