Spouse visa...please help

I've read thru many of the other posts, regarding spousal visas, and it has answered many of my questions. This site is fantastic and you all are very helpful. I hope you can help me as well. My story is complicated but I will try and explain as best I can.

Here goes..

I am an American citizen and I came over in March 2002 to visit my boyfriend and his family. I really enjoyed it here and we clicked immediately. I was sponsored by a company(dealing in home healthcare) for a work permit but the application was turned down. I thought it was best to go home but a few days later I found out I was pregnant. His family didn't want me to go home, being pregnant, and truthfully, I had nowhere to go home to. I called the Home Office and they advised me to put in an application for FLR as a fiancee', which I did immediately.(also letting them know I was pregnant.)

Just to give you a little background, I was also in the process of divorcing my 1st husband.

I received two letters from the HO(July and September 2002) stating that they needed more time deciding my case and meanwhile, I was welcome to stay until then. I didn't claim any benefits or work and in March 2003, my daughter was born.

In July 2003, I received a letter from the HO stating that although they had considered my case outside the immigration rules, since I did not come into the UK with a fiancee' visa, they basically couldn't do anything to help. I was welcome to appeal but the grounds for an appeal were limited since like I said before, I didn't come into the UK with the correct visa.

I contacted a solicitor from the Immigration Advisory Service who told me to send in my appeal and that they would represent me in court. I sent in the appeal but a week later, the solicitor contacted me and told me he could not represent me because basically I had no case. He advised me that once I was divorced, and if I married my British fiance', to return to the US, and get the spousal visa.

I also found out I was pregnant again and to be brief, I gave birth to my son in March 2004 and my divorce came thru in April 2004. (my ex-husband and I split on very bad terms and there was alot to be settled-to explain why the divorce took so long.)

I finally married my British fiance' in July 2004.

I haven't had the money until now to go back to the US. The divorce absolutely drained me and I didn't want to leave the babies while they were so small.

Hindsight is definitely 20/20 in my case. I should have sorted out my divorce before I came over. I should have done alot of things.

I'm going back to the US in May to get my spousal visa.

If anyone is still with me after all this, do you think I have a chance in hell of getting a spousal visa? Is there anything special I need to do or bring along with the necessary forms, etc.? I am so scared. I don't want to be separated from my children or my husband. I have nightmares and I feel like I'm having a breakdown.

Thanks guys so much for listening. Any input would be greatly appreciated. Sorry this is so long by the way.

God Bless,
Angela

 

Hi Angela

The main things they will want to know are whether your marriage is a genuine one and how long you have been living together.  Have you been saving evidence such as bank statements, bills etc showing that you and your hubby have been living together at the same address? You can also show your children's birth certificates as proof of your relationship status but you'll still need all the stuff to show the two of you have been living at the same address.

I imagine as there is already a file on you with the HO, the consulate you apply through in the US will want to get a copy of that which might hold up the processing of your application a bit.  I don't know for sure that they will do this but it's possible.

I can totally understand you not wanting to leave your hubby and little ones behind while you do this but I don't know of any way around it unless you and your hubby want to try approaching your local MP. I think it's pretty harsh to let you stay in the UK this long and then turn your FLR down,  when they knew from the beginning that you weren't on a fiancee visa.

Hope this helps a bit. I'm sure others will chip in with things I've overlooked.

Thanks for your quick reply.

What I meant regarding not wanting to be separated from the kids and hubby was I'm afraid my visa will be refused and I'd hate to be away from them for several months. Sorry I didn't make myself clear on that.

Yeah I have been saving everything(good thing I'm a packrat by nature,lol.) I hope to be able to present them with everything they could possibly want to know. I have a very large binder and have made copies so I hope that will make things a little easier.

Thanks so much,

Angela

Well obviously there are no guarantees but if you've got the relationship evidence then I can't see a problem. You didn't overstay in the UK, you've been on visas the whole time so once they've double checked that I would think you'd be fine.  It's just that the rules say you can't come here, get married and apply for a spouse visa unless you came on a fiance visa so they have to make you leave the country to get what they call "entry clearance." It's just red tape, that's all.  From what you say, they haven't said at any stage that they don't believe your relationship is genuine so I don't know why they would start down that track now. 

Actually, Liz, reading over her original post, she's been in the UK illegally since July 2003.  She hasn't been "allowed" to stay in the UK - she should have left immediately when the Immigration Advisory Service refused to represent her.  Their advice at the time should have been to return to the US because she was no longer legally in the UK, as her application had been refused by the Home Office and she had no real grounds of appeal. 

That was 2003.  She then stayed on another year and married in 2004, and is only now - not even now, but 2 months from now - going to the US to straighten things out.

I really don't see she has any option but to take her chances returning to the US and applying for the Spouse Visa.  They'll probably give it to her, but it's hardly a straight forward case.  But to do anything else is to leave her open to possible deportation at some point in the future.

I contacted a solicitor from the Immigration Advisory Service who told me to send in my appeal and that they would represent me in court. I sent in the appeal but a week later, the solicitor contacted me and told me he could not represent me because basically I had no case. He advised me that once I was divorced, and if I married my British fiance', to return to the US, and get the spousal visa.

Angela, what was the last communication you had from the Home Office?  The last written thing you received from them? 

Actually, Liz, reading over her original post, she's been in the UK illegally since July 2003.  She hasn't been "allowed" to stay in the UK - she should have left immediately when the Immigration Advisory Service refused to represent her.  Their advice at the time should have been to return to the US because she was no longer legally in the UK, as her application had been refused by the Home Office and she had no real grounds of appeal. 

That was 2003.  She then stayed on another year and married in 2004, and is only now - not even now, but 2 months from now - going to the US to straighten things out.

I really don't see she has any option but to take her chances returning to the US and applying for the Spouse Visa.  They'll probably give it to her, but it's hardly a straight forward case.  But to do anything else is to leave her open to possible deportation at some point in the future.

Aren't you usually permitted to remain while your appleal is considered? She said she'd sent in her appeal papers.  Maybe I've misunderstood.  I would have thought the HO would have been in touch with her by now if she had over stayed her visa.

Liz,

I think you're right on that. I doubt the HO wouldn't have commented on her overstaying her legal welcome in reviewing her application/appeal if she'd been here illegally since 2003. I would think they'd have immediately told her she was here illegally, and given her a date by which to leave the UK on her own volition, or be deported if she didn't do so...That's not something immigration people tend to overlook.

Suzanne

Just to clarify-I sent in my application for appeal in July 2003 and the immigration service didn't refuse to represent me; he just said I didn't really have a case and that the appeal could take years to pan out. In the long run, he said it would be easier if I just went back to the US to get my spousal visa.

I last heard from the Home Office in July 2003 when they refused my original application. I appealed(as the HO said I was allowed to) then as I said before. I am still here legally until I go to court to hear my appeal. I have written and called the HO several times enquring about my appeal. They've never responded to my letters but the people I have spoken to on the phone say no new information to give you at the moment. Its still being decided.

Hope that helps a bit.

Angela

Based on what you've written, it sounds like it'd be easier for you to just go to the US and get the spousal visa.  If your appeal has been pending since July 2003, I think it's safe to say that it will still be pending into the foreseeable future and frankly, if I was in your situation, I'd just want to get it sorted asap so I could stop thinking about it.

You'll need to be prepared to explain why you were here without the proper visa, etc....but as someone already mentioned, they'll have that on file and it will probably take a few extra days for them to get through it.  Once you're through that, I can't see any reason why your visa would be denied, as they so rarely are for US/UK couples.

I would have to agree with Lola....seems to me you're fairly well sorted with this.  Although it is far from straightforward, and I'd plan on spending a few days getting your visa instead of the one it usually takes, I don't think you have anything to worry about really. 

I last heard from the Home Office in July 2003 when they refused my original application. I appealed(as the HO said I was allowed to) then as I said before. I am still here legally until I go to court to hear my appeal. I have written and called the HO several times enquring about my appeal. They've never responded to my letters but the people I have spoken to on the phone say no new information to give you at the moment. Its still being decided.

That's fine then.  So what's left is to come up with a strategy for dealing with that in your application so as to minimize any faff and make things go smoothly.  Maybe a few extra attachments than what's normally included, and a paragraph or so in your cover letter and all's well.  The only thing I can add is that since the HO is dragging their feet, it might be worthwhile to try and secure permission to submit your app here.  Of course the odds are slim, but it can't hurt at all.   

Hi garry and everyone!

Thanks so much for listening and your advice. Just wanted to make sure I understood what you meant. When you refer to including extra attachments; do you mean things such as bills, children's birth certificates, etc.? And the paragraph in the cover letter; do you mean explaining my situation as I have here. Sorry I must sound a bit thick but I was unsure. 

Thanks again everyone for listening and for your advice. I will keep you all posted as things progress. I hope to speak to you all on the other boards as well.

Take care and God bless,
Angela

Good luck Angela. Yes pelase do keep us posted. Hopefully you'll be back here in no time with your visa. 

I think garry means that in your cover letter you should be very clear and explicit about your situation, as you've told us over the course of a few posts.  Your cover letter might be a bit longer, and you should also make sure that you have several different types of evidences to prove that you have been together with your fiance this whole time, that you haven't had to apply for public funds or assistance during that time, and that you were clearly told by the Home Office that you could stay in the UK all this time. 

Hope that helps and please do let us know how it goes!