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Topic: Married to Uk citizen, need advice with spouse visa.  (Read 1754 times)

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Married to Uk citizen, need advice with spouse visa.
« on: March 20, 2012, 01:00:23 AM »
Hello, im a US citizen married to a UK guy, we met in 2008 online visited him 3 times after that:
The second time i visted him i stayed nearly 6 months, (what they allow), but the third time i wanted to enter, they asked me a million questions why i stayed nearly 6 months? which is understandable, since they think i would stay to work, which i didnt. I told them i was visiting the same friends (not my boyfriend -then-), and after a lot of questioning they allowed me to enter again..
I stayed nearly 6 months again. In that 3rd time we got married. Everything went smoothly fine.

I wanted to go back to US and then apply for a spouse visa.

For some other personal reasons, we havent been able to finish the application, and i would like to see him again! its nearly a year we havent seen each other.
But i am scared they will refuse me the entrance due past 2 times i stayed nearly 6 months.

Now, i also have a mexican citizenship, which i havent used to go to the UK, or anything related UK really. If i travel there with my mexican passport will they know i am the same person?

Or would you recommend me to stay and finish the application? Which will take me some more time.. and we really need to see each other! Its been such a long time, and its really breaking me up.

Thank you a lot for any advice.



« Last Edit: March 20, 2012, 08:59:28 AM by britishchola »
Got Married: October 2010
Got  Citizenship: Dec 2015


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Re: Married to Uk citizen, need advice with spouse visa.
« Reply #1 on: March 20, 2012, 01:12:19 AM »
When you say you "stayed over six months," do you mean for six months, or more than six months?
On s'envolera du même quai
Les yeux dans les mêmes reflets,
Pour cette vie et celle d'après
Tu seras mon unique projet.

Je t'aimais, je t'aime, et je t'aimerai.

--Francis Cabrel


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Re: Married to Uk citizen, need advice with spouse visa.
« Reply #2 on: March 20, 2012, 01:29:58 AM »
Why can't he travel to see you?


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Re: Married to Uk citizen, need advice with spouse visa.
« Reply #3 on: March 20, 2012, 01:48:54 AM »
In that 3rd time we got married. Everything went smoothly fine.

Did you get married on a visitor's visa?
August 2008: Met on Facebook
February 2009: Met face-to-face in London, UK
March 2009 - September 2011: Visits back and forth
January 30, 2012: Married in Vegas
March 19, 2012: Online Application Completed
March 22, 2012: Biometrics, Docs sent (priority)
March 23, 2012: E-mail stating reception of docs
March 26, 2012: VISA ISSUED! :D
May 14, 2012: MOVING TO SHEFFIELD!
March 17, 2014: Passed Life in the UK Test!
June 14, 2014: ILR Approved!


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Re: Married to Uk citizen, need advice with spouse visa.
« Reply #4 on: March 20, 2012, 03:23:02 AM »
When you say you "stayed over six months," do you mean for six months, or more than six months?
Sorry i meant to say 'nearly 6 months' i never stayed there illegaly.

Why can't he travel to see you?
Couple of reasons, inlcuding health and money, so i thought in visiting again.

Did you get married on a visitor's visa?
Yes, i got married on a visitor's visa, we applied and i got the acceptance, from when i had 3 months to get married, so we did it quickly over there.
Got Married: October 2010
Got  Citizenship: Dec 2015


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Re: Married to Uk citizen, need advice with spouse visa.
« Reply #5 on: March 20, 2012, 03:26:22 AM »
I may be way off base, but I was under the impression that you are not allowed to marry on a visitor's visa.
August 2008: Met on Facebook
February 2009: Met face-to-face in London, UK
March 2009 - September 2011: Visits back and forth
January 30, 2012: Married in Vegas
March 19, 2012: Online Application Completed
March 22, 2012: Biometrics, Docs sent (priority)
March 23, 2012: E-mail stating reception of docs
March 26, 2012: VISA ISSUED! :D
May 14, 2012: MOVING TO SHEFFIELD!
March 17, 2014: Passed Life in the UK Test!
June 14, 2014: ILR Approved!


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Re: Married to Uk citizen, need advice with spouse visa.
« Reply #6 on: March 20, 2012, 03:30:37 AM »
And because when you entered the third time and told the IO that you were visiting friends, but then got married, this could be seen as deception.

I'm sure someone will correct me if I'm wrong.
August 2008: Met on Facebook
February 2009: Met face-to-face in London, UK
March 2009 - September 2011: Visits back and forth
January 30, 2012: Married in Vegas
March 19, 2012: Online Application Completed
March 22, 2012: Biometrics, Docs sent (priority)
March 23, 2012: E-mail stating reception of docs
March 26, 2012: VISA ISSUED! :D
May 14, 2012: MOVING TO SHEFFIELD!
March 17, 2014: Passed Life in the UK Test!
June 14, 2014: ILR Approved!


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Re: Married to Uk citizen, need advice with spouse visa.
« Reply #7 on: March 20, 2012, 03:32:01 AM »
I may be way off base, but I was under the impression that you are not allowed to marry on a visitor's visa.

Well, i made the arrangements and paperwork through an immigration lawyer at that time, so everything was legal.
Got Married: October 2010
Got  Citizenship: Dec 2015


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Re: Married to Uk citizen, need advice with spouse visa.
« Reply #8 on: March 20, 2012, 03:34:07 AM »
Well, i made the arrangements and paperwork through an immigration lawyer at that time, so everything was legal.

Well if this is true and you haven't been to see your husband in over a year, you shouldn't have a problem visiting him as long as you can prove that you have ties to the US and don't intend to stay in the UK.
August 2008: Met on Facebook
February 2009: Met face-to-face in London, UK
March 2009 - September 2011: Visits back and forth
January 30, 2012: Married in Vegas
March 19, 2012: Online Application Completed
March 22, 2012: Biometrics, Docs sent (priority)
March 23, 2012: E-mail stating reception of docs
March 26, 2012: VISA ISSUED! :D
May 14, 2012: MOVING TO SHEFFIELD!
March 17, 2014: Passed Life in the UK Test!
June 14, 2014: ILR Approved!


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Re: Married to Uk citizen, need advice with spouse visa.
« Reply #9 on: March 20, 2012, 06:50:13 AM »
I'd finish the spouse visa if I were you.  Saying you're visiting friends, then marrying one of those 'friends' could hurt you if you try to enter with no visa.  Put your money towards the spouse app, then you won't have to be separated any more.
On s'envolera du même quai
Les yeux dans les mêmes reflets,
Pour cette vie et celle d'après
Tu seras mon unique projet.

Je t'aimais, je t'aime, et je t'aimerai.

--Francis Cabrel


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Re: Married to Uk citizen, need advice with spouse visa.
« Reply #10 on: March 20, 2012, 07:45:24 AM »
I may be way off base, but I was under the impression that you are not allowed to marry on a visitor's visa.

You're not supposed to, but it is possible.

At the time the OP got married (more than a year ago), in order to marry in the UK without a fiance or marriage visitor visa (MVV), you had to apply for a Certificate of Approval (CoA). However, a CoA took months to be processed and was only really supposed to be for people in the UK on a visa valid for more than 6 months (i.e. student or work visa)... although I believe it was possible for visitors to get one (as the OP has shown).

Last year, they got rid of the CoA and now it's technically possible for visitors to marry in the UK even without a marriage visa... however, if they know before they travel that they want to marry in the UK, they should apply for a MVV or a fiance visa first.

Sorry i meant to say 'nearly 6 months' i never stayed there illegaly.

If you never overstayed, then there shouldn't be a problem with visiting again... however, since you are already married to a UK citizen and have been questioned in the past, there's more chance you will be refused entry as there's more risk of you trying to overstay.

Personally, I would just go ahead with the spousal visa application and then you can move there legally without having to worry about visiting and being turned away at the border. Also, they are talking about changing the spousal visa requirements in the near future (potentially in the next few weeks) by increasing the minimum income for the sponsor (your husband) and also increasing the time it takes to qualify for permanent residence (from 2 years to 5 years), so the sooner you apply, the easier it will be to meet the visa requirements and the earlier you will be able to get permanent residence (ILR).

If you do meet the visa requirements and can get all your documents together and finish off the application soon, you could be living in the UK as soon as a few weeks time :).

[Remember you will need to show proof of intervening devotion during the time you've been apart since the wedding, as well as 6 months of his pay slips, bank statements, and also evidence of accommodation in the UK]


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Re: Married to Uk citizen, need advice with spouse visa.
« Reply #11 on: March 20, 2012, 09:07:47 AM »
You're not supposed to, but it is possible.

At the time the OP got married (more than a year ago), in order to marry in the UK without a fiance or marriage visitor visa (MVV), you had to apply for a Certificate of Approval (CoA). However, a CoA took months to be processed and was only really supposed to be for people in the UK on a visa valid for more than 6 months (i.e. student or work visa)... although I believe it was possible for visitors to get one (as the OP has shown).

Last year, they got rid of the CoA and now it's technically possible for visitors to marry in the UK even without a marriage visa... however, if they know before they travel that they want to marry in the UK, they should apply for a MVV or a fiance visa first.

If you never overstayed, then there shouldn't be a problem with visiting again... however, since you are already married to a UK citizen and have been questioned in the past, there's more chance you will be refused entry as there's more risk of you trying to overstay.

Personally, I would just go ahead with the spousal visa application and then you can move there legally without having to worry about visiting and being turned away at the border. Also, they are talking about changing the spousal visa requirements in the near future (potentially in the next few weeks) by increasing the minimum income for the sponsor (your husband) and also increasing the time it takes to qualify for permanent residence (from 2 years to 5 years), so the sooner you apply, the easier it will be to meet the visa requirements and the earlier you will be able to get permanent residence (ILR).

If you do meet the visa requirements and can get all your documents together and finish off the application soon, you could be living in the UK as soon as a few weeks time :).

[Remember you will need to show proof of intervening devotion during the time you've been apart since the wedding, as well as 6 months of his pay slips, bank statements, and also evidence of accommodation in the UK]

Thank you so much, for your reply.. It's like bringing back hope..
You are right, it is better just finish what we have pending with the spouse visa, and then have free entrance and no trouble at all when travelling to the UK.

Specially when you are saying they will soon change the requirements.. that is a bit more scary.
As for the paperwork, i have always had this 'question' in mind.. do we need to print -every- chat log we have on record? It will take me years .. to print everything we have chatted, or is it just for the time we have been apart since we got married?

Again thank you so much for your answer :) I will follow your advice!
Got Married: October 2010
Got  Citizenship: Dec 2015


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Re: Married to Uk citizen, need advice with spouse visa.
« Reply #12 on: March 20, 2012, 09:22:24 AM »
No problem :).

Specially when you are saying they will soon change the requirements.. that is a bit more scary.

We thought they would change the requirements in April (i.e. in about 2 or 3 weeks time), but so far there have been no official announcements - they've announced April changes for work and student visas, but nothing for family visas yet... and usually they are supposed to give a few weeks' notice before making big changes.

Quote
As for the paperwork, i have always had this 'question' in mind.. do we need to print -every- chat log we have on record? It will take me years .. to print everything we have chatted, or is it just for the time we have been apart since we got married?

You only need to send a few sheets of paper in total - don't print actual chats...they don't need to know what you've said to each other, just that you have been in regular contact.

Just select the dates of a few chats and list them on a few sheets of paper (like a phone bill - date, time and name of person you were chatting with) - maybe select 1 or 2 chats per week since you've been apart and list them all on a couple of sheets of paper.

If you've talked on the phone or emailed as well, you can do the same - phone bills showing regular contact and/or a screenshot of your email inbox showing that you've been emailing each other regularly.


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Re: Married to Uk citizen, need advice with spouse visa.
« Reply #13 on: March 20, 2012, 09:27:04 AM »
As for the paperwork, i have always had this 'question' in mind.. do we need to print -every- chat log we have on record? It will take me years .. to print everything we have chatted, or is it just for the time we have been apart since we got married?

Nope, no need to print out everything.  You mainly need records of maintained contact between yourself and your husband since you've been apart to demonstrate your relationship has been subsisting.  And you don't even need to print out every chat log/transcript; the ECO doesn't need to see what you actually talked about, just that you have been in continuous contact.

Edit:  x-posted with ksand.


Re: Married to Uk citizen, need advice with spouse visa.
« Reply #14 on: March 20, 2012, 02:56:12 PM »
No problem :).

You only need to send a few sheets of paper in total - don't print actual chats...they don't need to know what you've said to each other, just that you have been in regular contact.

Just select the dates of a few chats and list them on a few sheets of paper (like a phone bill - date, time and name of person you were chatting with) - maybe select 1 or 2 chats per week since you've been apart and list them all on a couple of sheets of paper.

If you've talked on the phone or emailed as well, you can do the same - phone bills showing regular contact and/or a screenshot of your email inbox showing that you've been emailing each other regularly.

I have to just pop in and say I enjoy your posts ksand. This doesn't even apply to me but I was wondering how people went about this very thing! You are helpful and nice.


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