ok, well ...i have asked before

[peppera-ann-]

Ok, Ok. so dont get married yet. It just seemed easier, because if we were married, i could apply and if granted i would be able to work immediatly after getting to UK....
Now then, As my research continues,this is so far what i have got

1. Send his brit butt home
2. once he is home, he gets job, and secures bank account and gets letters from his mum (stating i will live there being charged X amount of $$ that he pays for the 6 months that i can not work.) He is also getting an inheritance in December that we will be able to document as my "living money"
3. Once i get the statements from him, i apply for fiancee visa and get biometric scanned...hopefully no interview.
4. If i get the visa, book ticket go to UK.
5. After 6 months get married.
7. Apply for indef leave
8. start looking for job

Does this seem right?
Do you think that since he will be redflagged during my visa request i will have to go for interview?
Again
Thanks
Pepper

[Bevdeforges]

There's no particular reason he should be "red flagged" for the UK immigration services. He has a British passport, is a British citizen (or so you've said) and thus has every right to return to the UK. His issues with the US immigration service are with the US immigration service - and possibly he won't be allowed back into the US if they figure out that he overstayed his visa. But the UK really doesn't give a rat's tuschy about that.

I think you're getting the fiancé visas for the US and UK confused here. I haven't heard of the UK requiring interviews with visa candidates - at least not like the US Consulates do these days.

Just take things one step at a time. Look through some of the archives here - we've had a few Americans who have had UK fiancé visas, so you should be able to find a few more details if you search. But remember, immigration procedures are changing all the time and just because they worked one way today doesn't mean they'll be the same tomorrow.
Cheers,
Bev

[peppera-ann-]

there is no interview process to go to the uk? ooo i did get it confussed then. im not sure if that is a good thing...b/c then i can not help if they say no, i wont be able to explain everything..hmm..and yes he is UK resident.
bev, here is what another user sent me...what do you think

Message: Firstly, your fiance is in serious trouble if he gets caught.(as we know) Even leaving the US now he will be liable to never return again because he overstayed his 90 day visit. They will know he has over stayed his welcome when he flies home. So that means he will be refused entry to the US in the future.

I am British and I married my husband in Houston Tx, but then I did go home afterwards without him. He followed me 3 months later on a spouse visa.

There is a lot of paperwork you need to collate together BEFORE they will give you a spouse visa

This is the paperwork you will have to submit (that I can remember off the top of my head)

1. Proof of his savings i.e. bank statements etc
2. Proof you have somewhere to live in the UK
3. Proof he has a job
4. His birth certificate and passport
5. Your birth certificate and passport
6. Proof of your savings
7. Proof that you have no criminal convictions outstanding or warrants.
8. Proof that you are married (if you get married in the US)
My advice to you is get married in the US your partner come home and find a job and somewhere to live and if he doesnt have any savings, find a financial backer. (my parents became our backer)You will not be entitled to any government hand outs here so you need to have savings until such time you find a job.

[Bevdeforges]

Peppera-ann, the list of documents you cite there is pretty much standard for any visa based on joining a spouse, fiancé or family member in any country in the world these days. It's the same list whether you get married in the US and then apply for a spouse visa, or send him back home now and apply for a fiancé visa once he finds a job.

The danger with getting married now in the US is that it's just asking to have some zealot at the town hall turn him in for overstaying his visa because he will have to show his passport with the little green slip still in it. (Or, with no little green slip at all, which is probably worse.)

Get him home, get him legal, and then let him make an honest woman of you!
Cheers,
Bev

[peppera-ann-]

Bev, when i get to darlington, im gonna look you up, and send you flowers....or ill tell you i wish i could send you flowers anyway! hahahah

attitude has been adjusted, i now know we are gonna have to be seperated...(nail biting long trip all by myself {small town girl all the way through and through}...)

if we do get married, dont you think it will be better (say he isnt turned in from the small town zealot).....that is my main concern. whether or not to get married here. To me it would seem it would help it..coz we are together..idk.

anywho...with any luck ill be kickin back in cold Uk by x-mas? wonder how long the application time is

THANK YOU BEV....
XXOXOXO
PEPPER

[Bevdeforges]

Good luck - and as we say here in France, "courage!"
Cheers,
Bev

[izzysmum04]

I have just now noticed this, and am going to agree with Bev....getting married now would not be in your best interest. He needs to go home first, then you both can work on getting you over here. Being apart sucks! We know first hand, as my hubby and I were apart for the first 5 months of my pregnancy! It completely sucked not having him here to go through check-ups and such with me, but we knew we had to do things legally and correctly. Good luck in whatever you decide!

[jlms]

I know nothing about US laws, but I have the sneaky feeling that you trying to marry an illegal alien would make matters only worse.

I think it is time you hire a local lawyer with expertise in immigration, unfortunately your better half going into illegality will mean that you need expert help to get out of this situation as unscathed as possible.

IMHO you should worry about getting him out of the US asap and then investigate what UK law says about people in your situation.

You should really try to solve one problem at the time because if you bundle everything together the law of unintended consequences may kick in.

Good luck!

[MichelleAlison]

I am no expert on US immigration laws, but can tell you the story of my brother. He overstayed his 90 days visa by about four years...............during which time he met his American wife. Not sure how they did it, but with the help of an immigration lawyer, they got him legal status and then he got married. He eventually got his green card and was able to leave the USA legally. This was about 2 years ago and it could be that rules have changed since then.

I can't tell you what he did, because I don't know, but it did take a lot of work and time to make him legal.

Regards

Michelle

PS He married for love and not the green card.