USA citizen wants to marry UK citizen while in UK on visitor visa

[maire9]

Hi, I am very confused, frustrated and somewhat afraid. I am a USA citizen that met a UK citizen via the internet in 2007. Since we began talking we have rarely went a day without talking to one another, and we have mutually travelled abroad to see one another. During my fiancee's USA VWP visit he overstayed for 3 days, making him inelligable for the VWP program. We then applied for a visitor visa; he was denied given the fact we are in a relationship and a couple of youth offenses. We both suffer from depression and are disabled. I don't know whether we should try to get married while I am in the UK visiting him or filing the paperwork to get him a USA fiancee' visa. I do not know the rules regarding disability and immigration. A lawyer quoted me 2500 GBP to handle our case. Since we have had no luck from doing it ourselves I don't know what else to do. As every day grows closer to when I need to leave I become more terrified that something will happen that we will not be able to see each other again. I cannot move to the UK because I have children in the USA. We didn't plan on getting married while I am here but if it ensured us being together eventually in the USA quicker we will do it. I am unsure if we can though. Any suggestions or knowledge on the subject is much appreciated. Thank you

[Fatbrit]

What were the "couple of youth offences" specifically?
What was the sentence for the offences?
How long ago were the offences committed?

[maire9]

Originally Posted by Fatbrit

What were the "couple of youth offences" specifically?
What was the sentence for the offences?
How long ago were the offences committed?

there were three offenses for theft of motor vehicle, all in early 1990's, with probation as punishment and one minor offense with only a fine as punishment. We thought they fell under the Clean Slate Act since it had been over 7 years, but with the United States it doesn't matter; we were unaware of that however.

[Fatbrit]

Originally Posted by maire9

there were three offenses for theft of motor vehicle, all in early 1990's, with probation as punishment and one minor offense with only a fine as punishment. We thought they fell under the Clean Slate Act since it had been over 7 years, but with the United States it doesn't matter; we were unaware of that however.

So -- it's not the end of the world like a drug offence might be.

Forget marriage outside the US. Your case is going to be complicated enough without adding to it.

He needs a K1 to marry you here.

You have issues:
Possible false declaration(s) on his previous VWP entry.
Possible public charge consideration under his disability.

Surprisingly enough, the 3-day overstay makes no difference to this visa. Its only consequence is that he cannot use the VWP again.

You (or a co-sponsor) will need to meet the minimum income requirements. With a disability such as you described, London often requires that health insurance be in place for him.

Yours is not a straightforward case because of the issues noted.

[maire9]

Originally Posted by Fatbrit

So -- it's not the end of the world like a drug offence might be.

Forget marriage outside the US. Your case is going to be complicated enough without adding to it.

He needs a K1 to marry you here.

You have issues:
Possible false declaration(s) on his previous VWP entry.
Possible public charge consideration under his disability.

Surprisingly enough, the 3-day overstay makes no difference to this visa. Its only consequence is that he cannot use the VWP again.

You (or a co-sponsor) will need to meet the minimum income requirements. With a disability such as you described, London often requires that health insurance be in place for him.

Yours is not a straightforward case because of the issues noted.

thanks for the info, it doesn't sound so hopeless. My father would be more than willing and is able to co-sponsor, I will most likely still seek out a lawyer, as the immigration people seem to be more interogative and somewhat deceitful I think.

[NotHuman]

Hi

From my previous experience, I once tried to marry an American ex-girlfriend in the UK.

I think it was around February 1st 2005, or soon after, that the Blair Government changed the law so Brits could not marry foreign nationals in the UK. The local Births, Deaths & Marriages office informed me of this situation.

From what I have read, it is easier to get a Fiancé Visa if you wish to live in the US.

However, a 2-1 Law Lords ruling last year stated a disabled person on benefits here could use their benefit how they wished, and could be used to sponsor a foreign national if they came to the UK to care for a disabled partner (as I understand it). So, it may be easier for the American partner to settle here.

Not sure of the marital status required, but I can find the court case reference and pass it on if you are interested.

Chris.