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Topic: Moving back to America  (Read 984 times)

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Moving back to America
« on: August 29, 2015, 10:32:22 PM »
Hi everyone,
I was with an English guy who I met in Canada for 6 years. I came to England from the US on a spousal visa, married after 2 weeks and got my marriage visa. After 2 years I renewed my marriage visa. Some time after this I realized how unhappy I was as he was very abusive and broke up with my husband. A few months later I met an English guy that I absolutely adore. My visa expires in about a year. Him and I would like to move back to America and he would like to work when he gets there. We'd like to stay in England until my visa expires because I've just started a school course that lasts a year. Where do we go from here? I'd like to start now because I know it takes a long time. I also know I need to get a divorce and probably need to marry the guy I'm with now which we're both happy to do. I'm afraid if I get a divorce now my visa will be revoked and I'll be sent home straight away and will have to be away from my guy for who knows how long and won't be able to finish my course. Can someone please help? I work full time and have for 2 1/2 years if that makes any difference. Thank you!

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Re: Moving back to America
« Reply #1 on: August 30, 2015, 01:28:37 PM »
Oh dear! What a pickle. I am glad you got out of an abusive relationship, but as your relationship with your husband is no longer subsisting your visa may be curtailed at any time, particularly if he informs the UKVI. Really, you should get on a visa that is applicable to your situation now, not based on a relationship that no longer exists (even if the marriage still does).

This might sound awful, but if the abuse is documented, there may be recourse to pursue a visa based on this abuse. Or you could look at getting a student visa or your work might be able to sponsor you. Or get divorced quickly and marry this new fella.

As far as moving to the US, my understanding is that you would either need to be married or prove intent to marriage. Otherwise your new boyfriend will have to independently move to America, either on a work or student visa in his own right. Just like for the UK, the US doesn't really have a 'shacking up visa' as we say here on the forum.

Most people on this site have moved TO the UK, but I reckon a few people might be along who have more info on moving to the US on a fiance/spouse route.
2004-2008: Student Visa
2008-2010: Tier 1 PSW
2010-2011: Tier 4
2011-2014: Tier 2
2013-2016: New Tier 2 (changed jobs)
16/12/15: SET (LR) successful! - It's been a long road...
12/05/16: Citizenship ceremony!

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Re: Moving back to America
« Reply #2 on: August 30, 2015, 03:06:57 PM »
Was your last visa FLR(M)?  If so, unfortunately you are now living and working in the UK illegally.  Your leave was only valid as long as your marriage was intact.

Your new man will need to either qualify for a visa in his own right, or you will need to divorce/marry to sponsor him.  You won't qualify to apply with DCF through London if you are it in the UK legally.

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Re: Moving back to America
« Reply #3 on: August 30, 2015, 05:28:54 PM »
Since you are still married to an abusive spouse I would suggest seeing your GP or contacting a local domestic abuse group. Tell them what has happened, they may be able to help.
I just hope that more people will ignore the fatalism of the argument that we are beyond repair. We are not beyond repair. We are never beyond repair. - AOC

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