Returning to the UK with my foreign wife and our children

[RaymondPhD]

Hi. My name is Ronald, i am a British citizen born and raised in Birmingham. In 2004, i took up a teaching position at an International school in Ethiopia, a year later i fell in love and married an Ethiopian teacher. We had a daughter a year later who was born in Ethiopia. We applied and received a Uk passport for her a year later. In 2007, i was offered a teaching position in the USA on a J1 visa. My wife and daughter joined me in the USA on J2 visas. we had a second daughter who was born in the USA last year After 5 years teaching in the USA, and 4 in Ethiopia i now want to return to the UK with my family. My question is the fact that we have been married for 6 years and have 2 children, will it be relatively straightforward for her to obtain a marriage visa to enter the UK with me? (I am assuming my children will not have a problem). My second question is can my wife apply for the marriage visa while she is in the USA or does she need to return to Ethiopia and apply at the British embassy there?
I am new to this forum so please accept my apologises if i am in the wrong place.

Many thanks
Ronald

[Mr Rusty]

As you have been married and living together outside the UK for more than 4 years, you wife can apply for the spouse visa under Para 281 b(i) and Para 282 (c) - see this link:-

http://www.ukba.homeoffice.gov.uk/polic ... _partners/

This means that she qualifies for Indefinite Leave in all respects, except having passed the Knowledge of Life in the UK test, which can only be taken within the UK. Therefore she will be given an initial stay of 2 years, but can apply for Indefinite Leave to Remain at any time within the the 2 years as soon as she has passed the KOL test.

She can apply within the USA as she has been living there legally, not just visiting.