US Overstayer in UK

I have read all the questions about applying for a spousal visa when marrying my American fiancee in the states. I think I understand all the procedures. Can someone give me a brief summary though?

Also my fiancee has overstayed her original visa here. Will this affect: Firstly her going back to the states? And secondly our spousal visa application when we are applying in the states? Is it even a good idea to mention this? How would they know she had overstayed?

We are going to the states at the end of August to get married and applying for the Visa then. As we will be in Texas the website says we have to go to LA although Immigration Officers in the UK have told us Chicago deals with Texas. Any ideas?

Sorry for so many questions. We just want to get this right first time.

Thanks for any help

Immigration Officers in the UK have told us Chicago deals with Texas.

That's inaccurate.  The website is right- the correct visa consulate for Texas is Los Angeles, not Chicago.

Can't really help with the other questions but I'm sure some others will be along in due course!

Also my fiancee has overstayed her original visa here. Will this affect: Firstly her going back to the states? And secondly our spousal visa application when we are applying in the states? Is it even a good idea to mention this? How would they know she had overstayed?

Your fiancee won't have any problems going back to the States.  Depending on which airport you leave the UK from she may not even encounter any immigration officers when she leaves.  Absolutely be thruthful on the visa application.  A simple look at her passport will give them a good idea.  Even if she doesn't get a stamp leaving the UK, the US stamps everyone on arrival, including citizens.  She can still get the visa even if she has overstayed in the past; but if she is caught lying then I would think the chance of it getting issued drops dramatically.

Just make sure you go through the guidance notes for the visa application form and ensure that your application is very thorough.

I was an overstayer too and recently returned to the US and am now back.  I was applying for a different visa, but the process was similar.  Have a look at the link.
http://www.londonelegance.com/transpondia/usuk/lm.shtml

A simple look at her passport will give them a good idea.  Even if she doesn't get a stamp leaving the UK, the US stamps everyone on arrival, including citizens. 

No they don't.  I've entered the US a dozen or more times in the last 3 years and only have 2 stamps upon entry.  If having a stamp is important (it is for me because I always get held up at immigration due to a prior FLR refusal), ask US immigration for one.  Otherwise, she may not get it. The UK does not stamp passports for departures.  The airline scans passports but you have no contact with an IO.

i have occassionaly been stopped at airport- after security- going through "passport control", they take your passport, ask a few questions, don't stamp.  they don't always do this, but sometimes they do. 

So unless they stamp her passport on the way back in the IO will not know where she has been? She has a new passport after losing her last one her a while ago now. So it has no stamps in it at the moment.

Has anyone else been through this process as an overstayer? If so what reason did you give for the overstay? Also did you mention this on the actual form as there is no really clear place to do so. It asks about previous visits to the UK and duration but does not ask for an explanation?

One other thing on the form is that it asks whether you intend to work, then asks for an explanation? Do you just say yes and then that you intend to find a job in a certain area?

Thanks for any help

First of all, the Immigration Officers do sometime stamp or scan the passport on exit.

Secondly, for how long did she overstay?  Did she ever use her bank account while illegally in the UK?  They will be able to see that she overstayed if they see transactions during this time when she should have been back in the US.  They may also ask why she didn't get married within the six months and she will have to be very careful that her story is spot on if she plans on lying, as people who lie are invariable caught out.  If they are suspicious they will ask her to prove that she left the UK, and if she can't do that they have every right to refuse her.

I have made countless applications for people who have overstayed, and not one has been refused as a direct result of the overstay.

Vicky

Hi Vicky

Thats the problem she has overstayed but a fair bit since her original job. She went back to the US last for Xmas 04 and has been here since. She could not afford to go back before meeting me. So there has been activity on her Bank account for quite a while.

Would they definitely ask to see how she supported herself? i.e do we have to volunteer her bank statements. I earn enough to support both of us so wondered if we could get away with this? We obviously want to be as honest as possible but don't want to volunteer anything we don't have too.

She is leaving the UK on late August with me going out soon after. We plan to get married on the 25th and go to LA to apply for the visa, as I need to get back for work and thought it better if I turned up to the interview as well.

Thanks

Paul

Okay, I misunderstood - I thought she had overstayed a fiancee visa.

So, you met her when she was here illegally.  Well, you need to put on the application form "when and where did you meet?" so unless you are prepared to tell whapping great lies on that one, you'll be found out.  There is really no way that anyone can hide an overstay of two years, and you would both be nuts to try it.

Vicky

Hi Vicky

Sorry, we weren't going to lie at all about the overstay. Yes that's the case, I met her when she was already illegal.

You've said you helped people who had been here as overstayers, anyone quite as long as her though? Or would we need to come in for a consultation? I've seen other agencies that provide covering letters of support for the application. Would one of these help? And do you do them?

I really appreciate your help. Thanks.

Paul

I might send an email to the consulate and just double check which consulate you do need to go through.  When you do the application online it will tell you where to send the extra documentation and the printed out copy of the application, but if you are planning on going there, it might be difficult if you've made arrangements one place and the documents go to the other.  I always thought Texas went through Chicago, but you mentioned earlier there was some confusion over this. 

You've said you helped people who had been here as overstayers, anyone quite as long as her though?

Oh, you have no idea!    Recently did one that was five years over! 


Or would we need to come in for a consultation? I've seen other agencies that provide covering letters of support for the application. Would one of these help? And do you do them?

[/quote]

I can do all of that and more if you want.  Please e-mail me on victoria.sharkey@medivisas.com and we'll sort something out.

Vicky

I might send an email to the consulate and just double check which consulate you do need to go through.  When you do the application online it will tell you where to send the extra documentation and the printed out copy of the application, but if you are planning on going there, it might be difficult if you've made arrangements one place and the documents go to the other.  I always thought Texas went through Chicago, but you mentioned earlier there was some confusion over this. 

I applied for my student visa from Texas.  The correct consulate is *definitely* Los Angeles, as they are the ones I applied to and got my visa from. The BritainUSA website is also quite clear on this and the online application will only let you apply to the LA consulate if you put in a Texas address.

not picking on ya, there's just no need for there to be any confusion on this point.

I applied for my student visa from Texas.  The correct consulate is *definitely* Los Angeles, as they are the ones I applied to and got my visa from. The BritainUSA website is also quite clear on this and the online application will only let you apply to the LA consulate if you put in a Texas address.

not picking on ya, there's just no need for there to be any confusion on this point.

No problem.  I knew you'd know!