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Hi all,

Just a heads up. This is a bit complex and probably a bit unusual so I would welcome any and all advice. I've also done my own research but I'm also pretty stumped

I am a UK citizen and my girlfriend of 2 years is an illegal mexican immigrant living in the US. She was taken over by her family when she was a baby. We are wanting to live together in the uk and get married if possible. She also has a child of her own to a US national, the child is 7 years old and she has never been married before.

So I was wondering. How do I even get started or is this just a hopeless non starter. I've read up on marriage visas and spouse visas. So I was wondering if it would be as straight forward as that ? Or does the fact she is living illegally at the moment complicate thing ? (I imagine it does) Would she even be able to apply from the US or would she need to go back to Mexico ? And in going back to Mexico, does the fact that was previously living in another country illegally make things more difficult ?

We meet the rest of the requirements. I earn enough money, have a big enough place to live for all three of us. She has never had a criminal record and she has never been asked to leave the US, mainly because they don't know she is there. Which I imagine would change when they look at her documents when she is heading back to Mexico (if that is what we need to do )

The child involved has a US passport because his father is American and they have joint custody. In an ideal world we would like him to come and settle as well but our priority would be getting her over here first as the kid can always come and stay up to 6 months with his US passport

So I'm wondering what the best route to go down is ? I've had conflicting legal advice on this and would appreciate general advice from anyone who wishes to put their two cents in.

Thanks for reading guys.
 

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Unless you've been living with the girlfriend for two years, you'll need to apply for a finance visa but I doubt you'll be able to get that because of her status in the US. The child complicates things; she must have a court's approval to move a kid away from its father - and there is absolutely no basis for the father to come. Unless he can qualify on his own merits, such as a work transfer or something, you need to just drop that idea.

Your first step would be to talk to a lawyer about your wife's status. I think even if it is technically possible for her to get a visa for the UK, it will be hard for her to convince them that she won't overstay or violate her visa here since she didn't in the US. Just start talking to immigration lawyers and get your facts together. Good luck.
 

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Nowadays UKVI takes a dim view of immigration rule violators outside UK, esp in US, Canada, Australia, NZ and Schengen area.
 
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