American woman w/o visa to be deported...

Sad story to read but the one thing that sticks out is the legality of it. Did they get married here in the UK? If so, how was she able to comply with the listing of intent with out being on the proper visa? Aren't they supposed to report you if you dont have that visa?

You can get married under Common License through the Church of England.  You have to have an interview with a dean and they will issue the license which allows you to marry as a visitor.  The Church is not held to the same laws in terms of marriage and can marry (and register) a couple and it is legal.

Having been through the whole thing of getting married by the Church on a visitor's visa, it is darned hard to figure out how you can do it and not also realise that you still need to apply for a visa in your country of residence.  Perhaps I'm cynical but I don't buy that they didn't know.  I think it is just as she stated in the article -- 'complicated and difficult' and they couldn't be bothered. Maybe I'm just too cynical though...

Yes, it is sad that her husband has depression, yes it is sad that they lost a baby, but that doesn't mean that she shouldn't have to follow the rules. 

Also, if she overstayed (which is sounds like she did) she could have faced a ban, so just being told that she has to return to get the visa is getting let off quite lightly, IMO. 

It's not even six months...you're admitted "by a period stated by you."

People have gotten away with shenaginans like changing plane tickets, but what matters is what you tell the IO how long you're staying. And when you enter and leave is all recorded.

I'm not sure you really know what you're talking about to be honest..

You're allowed to enter for the period of time they stamp into your passport, you shouldn't lie about your intentions but you're allowed to change your mind about how long you want to stay, without breaking any rules whatsoever, as long as it's within the timeframe you were "stamped in" for.

And they never check you've left, in fact, it's sometimes better to keep boarding passes to prove you did (if you ever need to).

Yes, it is sad that her husband has depression, yes it is sad that they lost a baby, but that doesn't mean that she shouldn't have to follow the rules. 

Also, if she overstayed (which is sounds like she did) she could have faced a ban, so just being told that she has to return to get the visa is getting let off quite lightly, IMO. 

I agree it is sad and you're right she's getting let off easy considering the circumstances

Also, if she overstayed (which is sounds like she did) she could have faced a ban, so just being told that she has to return to get the visa is getting let off quite lightly, IMO. 

That was basically my thought. She could have been in for a WHOLE lot worse, and might well have done if she hadn't gotten this publicity.

We had a CofE wedding and the vicar checked my papers, and how (plus, we had to go to multiple counseling sessions). But our local vicar is an especially terrifying little person, so it might not be standard behavior.

That was basically my thought. She could have been in for a WHOLE lot worse, and might well have done if she hadn't gotten this publicity.

We had a CofE wedding and the vicar checked my papers, and how (plus, we had to go to multiple counseling sessions). But our local vicar is an especially terrifying little person, so it might not be standard behavior.

We had to meet with our vicar several times and then the dean had to interview to determine that the marriage was not a sham.  We were told very clearly that because we were getting married didn't mean I didn't need to go home and get my visa either.  I just find it hard to believe they didn't know.

Family route people don't tend to get banned here in the UK for overstaying.

I figured it wasn't something that happened often, but a possibility. Also, I wouldn't think she'd really be on the family route path yet since she has yet to apply for a visa.

I'm pretty sure it's not....seem to recall something about how the UK does not check on who leaves. One of the flaws in our system.

Nope, no check on the way out. But if you come back again the IO can look at when you were stamped back into the US.

Nope, no check on the way out. But if you come back again the IO can look at when you were stamped back into the US.

The problem is, the USA don't always stamp you back in.  I had that problem once, luckily I still had baggage labels stuck to my passport!

Nope, no check on the way out. But if you come back again the IO can look at when you were stamped back into the US.

I think they check sometimes.  I know that in 2008 when I got my naughty stamp that someone looked at it at LHR.  I've got 2 extra inserts and loads of stamps and visas, I know I've held up the line while someone looked for my entrance stamp.

I have nothing but sympathy for these people.  I feel like I can relate to her, and I hope she returns to the US and applies for her visa so she can return to her life quickly.

 As far as immigration rules go- How is an unassuming human being supposed to know when the people who run the country and it's services don't know???  This is exactly the trap I fell into.  Before I came to the UK for my first extended visit I was 14 weeks pregnant and my intention was to meet my boyfriend's family and visit for 6 weeks before returning to have the baby in the US.  While there, my boyfriend proposed to me (surprise!!) and he told me he had gone to CAB and gotten advice from them saying we could apply for a COA and get married in the UK and that I would have access to the NHS as a fiance. So the plan became to stay a little longer, get married in the UK with his family because the baby was still going to be born in the US with my family.  Now the NHS staff told me all the same things, that I had every right to prenatal care and that I wouldn't be charged for it (nope- ate into all my savings to pay that bill off)   In the end, I was able to find this forum, figure out my situation and we have been able to get where we need to be legally. I don't blame people for not being able to find out the answers when they go to people who should know, and get led astray.

 Perhaps this woman should have looked into the legalities of her situation, but maybe her plan was to just visit, and then Bam! Pregnant.... so they look into getting married, the Bam! their precious daughter dies. I know I wouldn't want to bury my daughter and then leave my husband alone to deal with the grief.   Of course lots of people have sad things happen to them and they had to suck it up and go home and do things the right way, it sounds like she's going to have to do the same- I just wanted to be one person to maybe understand where she might be coming from.... Things aren't so black and white, sometimes life happens and you can't plan for something you didn't know was going to happen.

"Thought it would be fine?" On a visitors visa?

Sorry if I'm jaded but I have a hard time the OP is telling the truth.

My money is on she looked into getting a spousal visa, didn't like what she saw, and thought she would try her luck from inside the UK.
I didn't even think you could get benefits on a spousal visa so why did she throw that bone in?
Is Vince Cable now going to get involved in sad cases from other countries?

OK, I have to admit something here...

I totally thought I could just marry, and stay in England.
Or that my husband could marry me in NYC and stay there.

I thought, "You marry, you are legal."

I knew nothing. Really. NOTHING.

When and how did we find out this was not the case? When we looked into wedding services in England! And we were asked, "Do you have a visa yet?"

And, my reaction? "BBBBBut.... I am A.M.E.R.I.C.A.N.... I'm not from some 3rd world country! So, how can THAT be?"

So, maybe she was as clueless as I was.

Ya never know...