Help with spousal visa

My husband is american and i am a brit. The problem that we have is that my tourist visa has expired so im classed as an overstay. We have just applied to Chicago for a spousal settlement visa. Will this effect the outcome of us applying for him go back to the Uk with me. Also financially we are not the best of in the world, and upon hopefully returning to the Uk we will be staying with my aunt.. Will we be ok.

How long have you overstayed?  I'm not sure that your overstay will affect his application, but it can affect your ability to return to the US in the future.

Financially, you should be okay if you can prove that you can support yourselves and that you have a decent place to live.  Did you include a letter from your aunt saying you can live with her and a copy of her mortgage/lease along with your bank statements and/or bank statements from co-sponsors?

As of now i have overstayed by 5 months mainly due to ill health, i have been in and out of hospital since July. We inclosed a letter from my aunt  telling them her deeds were with a building society and the adress at which one so that they could check. We also gave them a copy of her finances that showed she is financially good. Do you think that they will inform the americans that i am overstayed?  As of now my nerves are shot, i am terrified that i will be picked up and put in a detention centre for months on end

Do you think that they will inform the americans that i am overstayed?  As of now my nerves are shot, i am terrified that i will be picked up and put in a detention centre for months on end

I think they will realize you've overstayed when you are at the airport on your way out of the country. Last time I flew out with my husband he had to sort of check-out on a machine...did you have to do the eye/finger scan thing when you came in (I don't know if it's at all the airports yet)? Anyway, when we were showing our tickets to board the plane, the guy in front of me got sent out of line because he had overstayed. They were taking him somewhere else and it didn't look like he was going to be making that flight.

I doubt (but don't know) that it will affect your husband's application, but overstaying is serious business, I think especially if it's more than 180 days, which you are pretty close to. Don't worry about the being detained for months on end that....that wouldn't happen. I think the worst thing that would happen is you might get detained at the airport and interviewed while they decide what they want to do (like deciding if they want to ban you from entering the country later on) and then put you on a flight home. Also, once you've overstayed in America, you cannot enter the country through the visa waiver program anymore. You'd have to apply for a visa anytime you wanted to go back.

When are you planning on leaving?

We plan on leaving as soon as( hopefully and fingers crossed) that my husband gets approved for his visa. Yes i had my photo taken and i was fingerprinted.. But i do have all the hospital discharge papers which i hope will help me.  This has got to be the most nerve racking time of my life. What happens if he is denied, do you know how long it takes for an appeal to go through... Also if he gets asked to go for an an interview how long do you have to wait. My husband does have a job offer to go to once in England.. Thanx

Don't worry yourself about him being denied...I don't think that happens very often at all but we all worry about it!

I applied in person so I'm not sure about the interview thing. I was under the impression that they'd simply call if they needed to talk with him.

Is anybody in the chat room right now so i can chat to them there?

does anybody know what is involved in getting a settlement spouse visa in the uk?  what do they check, do they check everything that you send them in the mail, Do they contact various people such as sponsors in england? I am so worried I will get denied and they will deport my wife back to england and I can't get in to see her. Please help!

does anybody know what is involved in getting a settlement spouse visa in the uk?  what do they check, do they check everything that you send them in the mail, Do they contact various people such as sponsors in england? I am so worried I will get denied and they will deport my wife back to england and I can't get in to see her. Please help!

becca, I'm a registered immigration advisor in the UK, and the first point of order here is to RELAX. 

Our consulates in the USA refuse less than 1% of applicants because it's not good form to be refusing US/UK couples.  And if your situation is really and really bad, he wouldn't be over there because he'd be SKINT.  I have seen applications get approved in US consulates that boggle the mind about their shortcomings.

The key advice is to make your application as strong as you can and then go with it.

Sadly, I don't know doodly about the US immigration system, but if your objective is to settle in the UK, then chill.  An overstay in the USA doesn't mean squat for a settlement application in the UK. 

Lots of times people experience stress about immigration matters because it's something they haven't done before and this creates uncertainty.  And uncertainty creates stress.  If you were in Bangkok or Islamabad or Cairo, then you can begin to worry.   But Chicago?     The ECM in Chicago is an MBE and she's seen a lot of action, and your case is not likely to be a very big deal at all...

Thanks for your help and insight in this matter. I hope my application isn't the one in the 1% refusal bracket. Do you know the reasons why 1% of the visa applications put in are refused? Is it mainly for financial reasons or for something else? I lived in the uk for about 2 and a half yrs because I was stationed there with the american Air force. I even stayed there an extra 6 months when I was discharged from the military so i could marry my wife. The problem we had was when we married in an anglican church  I had to leave the country and apply to come back.  Since we landed on american soil we have had bad luck. My wife got sick and has ended up in the hospital on numerous occasions and I am sure you know it can be costly being sick in america. That's why my finances are stretched to the limit. Thanks once agin for your help and time.

Good luck to you. I hope you both make it back to the UK safe and sound.

Well its Saturday and we have still heard nothing from Chicago about my husband's visa... Does anybody know how long it takes.We are wearing a hole in the carpet pacing up and down. My husband was based in the US airforce over there for nearly 3 yrs.. so would this make any difference to the outcome? When we first get there we will be staying with my aunt.. not on our own as it seems to state that you have to in the rules. And we dont have a lot of money either.. What we had has been going on hospital bills for me. My aunt did give us a copy of her bank statment saying that she was financially good. If they deny him how long does it take to get an appeal?  I have 2 sons in england and im missing them like crazy. It's awful to think that they might make me have to choose between them and my husband.

Does anybody know anything about the british consulate in chicago? Do they send out confirmation emails saying they received my documents and that they are processing them and it takes 5days? I haven't received anything as of yet. Is this normal? thanks for any insight on this! becca

Hi Becca,

I applied in Chicago but in person and not through the post. I got an email notifying me that my visa had been approved so I know they do send out emails. That's the only one I got from them though. I don't know if they send confirmation of receiving your application or anything else.

Just thought i would give you an update on our spousal visa process. As of now we are still waiting for Chicago to make a decision. We have a sponsor and somewhere to live, my hubby has a job to go to. But all of this does not seem to be enough. The problem seems to be that my husband doesn't have thousands of dollars to take with him to england but my auntie has sponsored him to come back to england with me. She owns 2 properties and yet all of this still doesn't seem to be enough. The immigration officer has now informed us that he's putting this before his manager. Does anybody have any idea how they come up with their decisions? Or have we just  been unlucky with whose desk this has landed on?