Just wanting to be together...Help.

Hello,
This is most likely going to be the longest post on here simply because I have a lot of background information to go over. Firstly, I met my fiancé online 4 years ago this year… We met on an online game and he was currently already in the states married to an American Citizen. We started out as friends, but his ex-wife had cheated on him and a bunch of horrible things and he wanted to end it, I will not go into all those details. Granted because she did not file the proper paperwork when they got married or even three months after they got married my fiancé was worried he would be arrested or something worse. I could not afford to send him back to England at the time so I paid for a flight to Washington state. He moved in with me and we fell in love, I was supporting him, he was not a drain on our economy and all we wanted to do was be together but because the proper paperwork was not filed for him in the beginning and we knew his ex-wife as vindictive as she was would not give him the divorce in the states. So we left for England together after his mother booked the flights, for 6 months and I was allowed into the country to stay with him. Where he could apply to get the divorce, through one of the attorneys in the UK.

Unfortunately and this killed me more than anything I had to leave him at the airport and return 6 months later without him because he did not have a return ticket, we were using the end of the one that was booked. So we got a flight booked with a return ticket and he tried again to come and visit me in the states at that point because we did not know how long we would be separated until we got this whole mess sorted. They refused him entry just like I thought they would because he had overstayed too long in the United States. They also informed me that if he obtained a visa then he could return to this country. So without avail I applied for the fiancé visa here, hoping that he would be granted access back into the United States. WE knew at the time it was a long shot, a kick in the dark so to speak but I HAD to try and always wanted to do it the legal way. The divorce was finalized two weeks after I returned to the states.
I hired an immigration attorney and she did help in the fiancé visa, granted I did most of it myself but I went to her anyways desperate to find a way to bring him here to be with me. Well although I think in my defense I made a good case, they denied him the visa and now he does have the 10 year ban that you get for overstaying which was my greatest fear in the first place.

So now this march he has 7 years left on the ban, we were apart for a year and nine months after he was denied entry to the United States. It was not until his sister offered her home to my fiancé and I to stay in did I book another flight for 6 months stay and went over to see him this year. They gave me some problems at the border but they verified everything with my fiancé and I was let into the country.
Now here is the part I am so utterly scared about you have no idea, and I am going to call the UK embassy on Monday. My mother knowing that I was going through hell without him booked a flight for me to return and visit him for the holidays and his birthday which I had missed out on a few years before. While I was in England during that 6 months, it was a gift. I had NO IDEA and it does not say on any websites that you cannot reside in England visiting more than 6 months in a 12 month calendar year.
So when I came home in November and then flew back on the 9th of December they denied me entry.

And this was the reason-

You have asked for leave to enter the united kingdom as a visitor for 6 months but I am not satisfied that you are genuinely seeking entry as a visitor for the limited period as you have stated. You previously visited for 6 months having only returned to the United States for one month therefore spending more time in the United Kingdom than in your home country undermining your credibility as a bona fide visitor. You live with your parents therefore there is no immediate urgency for your return and cast doubts on your true intentions regards to the length of your visit. Your job as a web designer can be accessed from any country, and you fully admit you can continue to work whilst visiting and continue to be paid in the United States.

Now that I have the black mark on my passport I am devastated, I never meant for this to happen my Fiancé is already banned from the US for so many years. WHY in the hell would I screw up any chances of seeing my fiancé again?!?!? If I had known that you could not be in the United Kingdom more than 6 months in a year my parents would have never bought the ticket in the first place and I would have come home and waited until I could go for that length of time again. Also I do web design on the side which I never should have mentioned to them but I wanted to make sure they knew that if I ran out of money while there I would not be a drain on their economy. AND it does not say on any websites that  you cannot receive funds outside of the United Kingdom you just cannot take up work or healthcare while you are in the country. I did not know that you could not as a visitor WORK at all, period. Also I was honest with them in the fact that yes I did bring CV’s over with me to start applying for jobs. ONLY because I wanted to see if a work visa would be the proper way to go and I wanted to talk to the companies personally about sponsoring me while I was visiting. BUT I would not take up that work until I had the visa in my hands and cleared for me to work in the country. I did not work the last 6 months I was there and I have left the country and followed their rules on everything so personally I think this rejection is unfounded. My passport was proof that every time I entered the country I returned home. I do have ties here, I have bills just because I stay with my parents for emotional support does not mean I am going to live in the country Illegally and screw up every hope of ever being with the man I love. I chose to live with my parents after I left England the first time because they were hugely supportive when it came to my fiancé possibly getting the visa to come to the United States. Plus it did not seem like the most wonderful idea to place myself in hardship with an apartment if I wanted to come and see him for an extended period of time.

They said at the airport since I was denied entry that I was not banned from coming into the United Kingdom I just had to get entry clearance or a visitor’s visa before hand in order to come back in. But with everything that is going on, I do not trust the immigration websites as far as I can throw them. Because they do not give you all the details and even the Immigration Chief Office I talked to in England said that those sites do not have all the information.

They did however, grant me 2 days with my fiancé before they sent me back, which I am grateful for. I just never wanted there to be an issue with my passport or me coming over there to see him. Since I worked on the fiancé visa here it drained a lot of our funds and now that my Fiancé has work we are going to do it in reverse to get me there. Sadly though because of the economy the way it is I am not going to have a job much longer, so now I am at home after being denied entry applying for every job imaginable to start saving money again. He is also putting away funds, but at this point I see that not being his wife has me at a great disadvantage. I wanted to know if anyone has gotten back in on a Fiance visa after having the black mark put on their record. I want to know what the chances are of me getting in because I have been denied entry. I would also like to know if my fiancé and I went off and got married in another country before hand if that will help in the slightest. I know if we are married that gives me more leverage and even my friend in England who is from New York and married to an Englishman says I do not have much standing when it comes to being with him while not being his wife. I also would like to know how long a fiancé visa might take, I do not want to be separated from him for another 3 years if it can be helped. I want to do this legally, it’s all I have ever wanted but I do not want to get denied again I want to get to the point where we can be together for good. We have suffered a lot over these 4 years and yes I have learned a lot about immigration the hard way and made some mistakes. I just am begging now for some kind of hope.

I know this was super long, I am just trying to come up with something that can be accomplished, My fiancé is even now looking into joining the military just so he will have the stable funds to support me and the housing we will need if we do have to go for the fiancé visa. I would like to just apply for the spousal visa once we are married, if we can go and get married anywhere else at this point.

If anyone has any feedback please let me know, and please try not to be negative about the mistakes that have been made, I am going through enough as it is.

Thank you~

Aleah.

American women get bounced all the time and it does not affect their settlement applications.  The only long-term detriment to it is that it often results in a premature marriage.

Overall, not a big deal.  But notwithstanding the advice you'll get from the 'veterans' here, a couple of questions from me:  which airport bounced you?  what time of day?  any other details and particulars you remember?  Also, were you detained in a segregated room for women?  Or in a large room with some screwballs milling about?  Thanks...

American women get bounced all the time and it does not affect their settlement applications.  The only long-term detriment to it is that it often results in a premature marriage.

Overall, not a big deal.  But notwithstanding the advice you'll get from the 'veterans' here, a couple of questions from me:  which airport bounced you?  what time of day?  any other details and particulars you remember?  Also, were you detained in a segregated room for women?  Or in a large room with some screwballs milling about?  Thanks...

I was bounced from the Manchester Airport, and I arrive at 10ish in the morning there. No I was not detained in any sort of room. I was bounced from room to room taking finger prints, a picture and they went through the luggage but other then that I stayed right out infront of customs and immgration where they check the passports for entry.

Thank you so much for responding back. You made me feel a bit better in reading your words. I hope to get more feedback on here.

Thank you so much for responding back. You made me feel a bit better in reading your words. I hope to get more feedback on here.

Please keep in mind that its Saturday night/Sunday morning the weekend before  Christmas.  You'll get responses but they might not start rolling in till tomorrow morning. 

Well, Mindy, I am rather pathetic and am up already! 

First, the US is a pain in the ass...  Even with the ban for the overstay expiring, it may be difficult long term.  We sometimes complain about UK immigration, but for everyone else here, here is a good example of what you face for overstaying in the US.

While the greater then 6 months out of 12 is not a hard and fast rule, it is part of the instructions given to Immigration Officers.  When it gets down to it, visitor means visitor, and very few people could really be visitors if they spend > 1/2 the year in the UK.  They are trying to reduce visitors to 3 months even.

The semi-good news is as garry points out, this will have little long term effect on family based migration to the UK, but the only real option for you (assuming you wouldn't qualify based on work based migration) is to get married.  While I read the vast majority of your story, I may have missed some of the finer points, so if these are already addressed in your post, I apologise, but your fiancé will need to have had his divorce finalised before you can apply for another type of visa.

It sounds like you would like to get married somewhere (but probablly not the UK due to the expenses).  After that you would apply for a spousal visa, not a fiancée one.  You can get married legally anywhere that will let you.  Because the world is big, we don't know all the ins and outs of getting married, but some place in Europe or possibly Canada would allow the two of you to marry without either of you being resident, but you need to check the local laws.  If you are legally married somewhere in the world, the UK will accept that.

As you seem to be aware, finances are the biggest concern to family based applications these days (well for most visa applicaints).  Your partner having a steady job and room to accomidate you has become even more of a requirement, but just as much a challenge given the current economy.

The best thing to do is always continue to keep honest with the UKBA from this point forward.  Always disclose that you got bounced.

Hi Lexi!  I'm so sorry you're going through this and I know it probably seems hopeless right now, but it's really not!  I was bounced and then able to get a visa to get married in the UK weeks later, now I've got a spouse visa and am living in the UK, and the bounce really didn't change any of my applications except that I had to show them the piece of paper which I was given (Form IS82A, don't throw it away.  You're going to need it.).  That's all, and I'm not the only one.

So try not to worry.  I know it's easier said than done, but you will be able to be with your fiance.  A lot of people on here have excellent advice and there are several UK immigration professionals on here which are invaluable to the rest of us.

Well, Mindy, I am rather pathetic and am up already! 

First, the US is a pain in the ass...  Even with the ban for the overstay expiring, it may be difficult long term.  We sometimes complain about UK immigration, but for everyone else here, here is a good example of what you face for overstaying in the US.

While the greater then 6 months out of 12 is not a hard and fast rule, it is part of the instructions given to Immigration Officers.  When it gets down to it, visitor means visitor, and very few people could really be visitors if they spend > 1/2 the year in the UK.  They are trying to reduce visitors to 3 months even.

The semi-good news is as garry points out, this will have little long term effect on family based migration to the UK, but the only real option for you (assuming you wouldn't qualify based on work based migration) is to get married.  While I read the vast majority of your story, I may have missed some of the finer points, so if these are already addressed in your post, I apologise, but your fiancé will need to have had his divorce finalised before you can apply for another type of visa.

It sounds like you would like to get married somewhere (but probablly not the UK due to the expenses).  After that you would apply for a spousal visa, not a fiancée one.  You can get married legally anywhere that will let you.  Because the world is big, we don't know all the ins and outs of getting married, but some place in Europe or possibly Canada would allow the two of you to marry without either of you being resident, but you need to check the local laws.  If you are legally married somewhere in the world, the UK will accept that.

As you seem to be aware, finances are the biggest concern to family based applications these days (well for most visa applicaints).  Your partner having a steady job and room to accomidate you has become even more of a requirement, but just as much a challenge given the current economy.

The best thing to do is always continue to keep honest with the UKBA from this point forward.  Always disclose that you got bounced.

I am not so worried about the funds, I know it will take a huge bit of saving on our part but I want to know if getting the Fiance visa will take forever, Granted I have seen on here that once people have applied for it, it takes what 6 months maybe a bit more before it is granted? I need to know if it would be better if we were married first or just say screw it and work dead on getting the fiance visa.

Also I want to know if there are any military wives on here, as I said my fiance is now looking into joining the military so he can have stable employment, stable income and a roof over my head hence why I am concerned if we should be married before he goes in or if it does not matter and the military will grant him premission to marry me or something along those lines once he is settled and stationed in the UK.

Thank you, you all have put me at ease in most repects.. me getting bounced was a mistake and I just did not want them to keep me from the man I love more then anything.

Hi Lexi!  I'm so sorry you're going through this and I know it probably seems hopeless right now, but it's really not!  I was bounced and then able to get a visa to get married in the UK weeks later, now I've got a spouse visa and am living in the UK, and the bounce really didn't change any of my applications except that I had to show them the piece of paper which I was given (Form IS82A, don't throw it away.  You're going to need it.).  That's all, and I'm not the only one.

So try not to worry.  I know it's easier said than done, but you will be able to be with your fiance.  A lot of people on here have excellent advice and there are several UK immigration professionals on here which are invaluable to the rest of us.

Thank you for responding cleo, that means alot to me... WHEW you know that has taken alot of pressure off my shoulders. I just am praying I am with my fiance within the next couple years I mean we have been together 4, plus I have polycystic ovarian disease and I am 26 so the longer my fiance and I wait to start a family the chances of me getting pregnant will decrease the longer I wait.

All we want to do is get settled and start a family, I am so happy to see so many Americans over in the UK living happily. Again, I will take a deep breath and try not to cry so much, thank you again.

Granted I have seen on here that once people have applied for it, it takes what 6 months maybe a bit more before it is granted?

That may have been for a different application; fiance/spouse applications made from the US take a couple of weeks, generally speaking.

I need to know if it would be better if we were married first or just say screw it and work dead on getting the fiance visa.

It really doesn't matter; one isn't really any easier to get than the other.  In your particular case, the fiance visa may be the way to go since your partner can't enter the US to marry you there.  Unless, of course, you wanted to marry in a third country.

So, once you are ready, the process would be to apply for a fiance visa, which is valid for 6 months, and you CANNOT work while in the UK on a fiance visa, and you must get married within that 6 month period.  After the marriage takes place, you then apply for Further Leave to Remain (FLR).  This is applied for from within the UK.

http://www.ukvisas.gov.uk/en/howtoapply/infs/inf4husbandswivespartners

The link has some good general information about the application.  Also, do a search on this forum.  The good thing about UK-Yankee is that there are a LOT of people on here who have taken the time to post their experiences about the application process, and it will give you and idea of what needs to be included with your application when you are ready to apply so you can start planning for it.  The key thing of course is finances, but it sounds like you already know that.  Anyways, best of luck to you!

That may have been for a different application; fiance/spouse applications made from the US take a couple of weeks, generally speaking.

It really doesn't matter; one isn't really any easier to get than the other.  In your particular case, the fiance visa may be the way to go since your partner can't enter the US to marry you there.  Unless, of course, you wanted to marry in a third country.

So, once you are ready, the process would be to apply for a fiance visa, which is valid for 6 months, and you CANNOT work while in the UK on a fiance visa, and you must get married within that 6 month period.  After the marriage takes place, you then apply for Further Leave to Remain (FLR).  This is applied for from within the UK.

http://www.ukvisas.gov.uk/en/howtoapply/infs/inf4husbandswivespartners

The link has some good general information about the application.  Also, do a search on this forum.  The good thing about UK-Yankee is that there are a LOT of people on here who have taken the time to post their experiences about the application process, and it will give you and idea of what needs to be included with your application when you are ready to apply so you can start planning for it.  The key thing of course is finances, but it sounds like you already know that.  Anyways, best of luck to you!

Also I want to know if there are any military wives on here, as I said my fiance is now looking into joining the military so he can have stable employment, stable income and a roof over my head hence why I am concerned if we should be married before he goes in or if it does not matter and the military will grant him premission to marry me or something along those lines once he is settled and stationed in the UK

Guess I should have been more clear about it, I think we have decided to go with the Fiance visa as to not waste a bunch of time saving up airfare to travel to another country and get married. BUT I need to know the military side of it.

IMO you would be best off marrying first before he joins the forces though you wouldn't be entitled to married quarters until he has completed his training and has joined his regiment.

Does your fiance know the details of which branch of the military he wishes to join? If so then you are best off finding out further information from them, there are also online sites for the army, navy and airforce as well.

IMO you would be best off marrying first before he joins the forces though you wouldn't be entitled to married quarters until he has completed his training and has joined his regiment.

Does your fiance know the details of which branch of the military he wishes to join? If so then you are best off finding out further information from them, there are also online sites for the army, navy and airforce as well.

We are not sure which branch he is going to join, I am doing research on it now and discussing it with him over the phone and what not. I am going to be calling around tomorrow since you can not do much of course on sunday.

...

Is this a 'bump'?


Vicky

Lexi - what you are asking re: the military is kind of an esoteric situation.  I'm afraid you will have to do some of your own leg work on this particular part of your question.  The advice you are getting here is solid and you cannot just assume if you keep asking someone will tell you exactly what you want to hear...

Also I want to know if there are any military wives on here, as I said my fiance is now looking into joining the military so he can have stable employment, stable income and a roof over my head hence why I am concerned if we should be married before he goes in or if it does not matter and the military will grant him premission to marry me or something along those lines once he is settled and stationed in the UK.

It sounds like maybe you are hoping that by him gaining a position in the military, if that will give him some extra leverage in this situation and I dont have any expertise in this matter in the least, but my guess would be that the UK military cannot override any decisions made by UKBA in instances of immigration proceedings.  Maybe someone else can at least clear up THIS part of your query?