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Between a rock and a hard place...

1041 Views 2 Replies 3 Participants Last post by  Bevdeforges
Hi everyone. That's how I really feel... Stuck! I really don't see how any of the visa/entry/immigration options out there are viable to allow me (a Brit) to move across the pond to be together with my (American) other half (we're not married).
Here are some points to explain why I probably make an unattractive bet for a visa....

1. I haven't worked/had an income in 4 years. 2 years were spent volunteering full time for a charity and the next 2 years, studying for my second degree. Stupidly, I told the IO when quizzed about my absence of employment that I 'don't need to work', going on to explain that I have savings from inheritance and property sale to keep me going. I could tell he didn't buy it - but it was the honest truth!
2. I no longer own a house or have a mortgage, securing ties to the UK.
3. I have a medical history of depression: is this construed as mental illness for visa application purposes?

I'm not comfortable with this, and in no way condone or agree with this (or understand the details actually) but my other half, having worked freelance for many years, hasn't filed his taxes for eons.

I've thoroughly researched and cannot find a route to go down. We desperately want to be together, and him travelling to live in the UK, although easier in many ways really isn't an option: he has an ailing mother close by, who needs his regular care and assistance. Our only way to be together really was if I could move over to live with him.

To make matters more icky, I realise that my up and coming third visit to see him since last November, could very possibly end up with me being refused entry: the IO grilled me mercilessly on last entry, frowning all the way, clearly disbelieving the answers I gave him in complete honesty. But I didn't (until now) understand why! Only in the last couple of weeks, since browsing these forums have I realised that my pattern of travel of late, combined with my unusual personal circumstances could be construed as abuse of the VWP and that that was probably why that IO was so hard on me. I wish I'd read about that rule of thumb - about returning home for an equal period of time between trips - before booking all these trips in quick succession. But, having finished my studies, I had several months of nothing to do, so thought I would take advantage of the spare time...

Anyway, regardless of if the next IO permits me entry on the VWP this third time, I of course wanted my next step to be visa application. But my other half can't sponser me because of aforementioned tax issues and I certainly can't go down the fiancé or spouse visa route for that same reason either.

Is there anyone out there with a suggestion of where to go now? I'm clutching at straws... :confused:
Thanks for reading all,
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Unless you can find your own way here, marriage is the obvious route. Your intended will simply have to back file taxes for 3 years or more.It shouldn't be impossible, and nor does he have to have completed paying any arrangement he has made for that which he owes before he sponsors you. But there is no way round this. Suggest he contacts a CPA unless he's planning to come and live with you -- it's going to catch up with him eventually anyway.

Mental illness concerns can be split into two. Firstly there is danger to self or others. This will be difficult to overcome if present. For lesser symptoms, the spectre of "becoming a public charge" will need to be minimised. A good income from your future spouse together with medical insurance is the commonest way.
Hate to be the bearer of bad news, but that 3 year back filing thing really only applies to overseas residents who "didn't realize" they had to file. Officially, the pardon is based on owing little or no taxes for the back filings.

In this case, if the US partner has a prayer of adequate income to sponsor a spousal visa, I think it's probably safe to assume there are some significant back taxes due.

In order to prove your ties back to the UK you don't absolutely need to own a house or have a mortgage. Having a job you have to return to or a lease for rented premises would also serve as evidence that you're planning to return after your visit. But spending more time in the US than back in the UK does put you in a rather bad light.

The first and probably most important thing to do is to get your partner in the US to rectify his tax situation. They take that very seriously over there, and the resolution of his tax case may well affect his ability to sponsor you.
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