UK Spouse Visa, Illegal resident in USA

[sak20099]

Hi All,

I have one question i am UK resident (ILR)/ Pakistan National , and my fiance is also Pakistani national but living in USA on DACA (Illegal resident with work Authorization) , my question is

1) Can she apply for her spouse visa from USA if we get married , does it has any impact on application being illegal living in USA ?
2) If there is impact of applying from USA , can she apply from Pakistan as she is Pakistani citizen?

Appreciate the response.

[Lucapooka]

UK visa applications may only be submitted in countries where the applicant has a valid immigration status for residence (inc being a national of that state). So, your fiance cannot apply from the USA if her status is not regularized. It is not clear from what you have stated if she is a legal resident of the USA.

[sak20099]

Thanks for your reply,

Can she apply for Pakistan as she is Pakistan citizen , considering she was living in 3rd country Illegally (Overstaying) , does this impact the application ?

[sak20099]

UK visa applications may only be submitted in countries where the applicant has a valid immigration status for residence (inc being a national of that state). So, your fiance cannot apply from the USA if her status is not regularized. It is not clear from what you have stated if she is a legal resident of the USA.

she is not legal resident of USA as she came on visit visa and overstay in USA for years, although she got DACA approval which is to prevent deportation and person can work in USA.

[Lucapooka]

The overstay in the USA will not bar her from applying from Pakistan, but it may flag an investigation into the genuine nature of the marriage and intervening devotion during your relationship. How have you maintained a relationship during all of this time? To a casual observer, she is a opportunist economic migrant and you are the next step in her pursuit of betterment. That's what you have to consider as the mindset of the ECO who examines her visa application.

[sak20099]

The overstay in the USA will not bar her from applying from Pakistan, but it may flag an investigation into the genuine nature of the marriage and intervening devotion during your relationship. How have you maintained a relationship during all of this time? To a casual observer, she is a opportunist economic migrant and you are the next step in her pursuit of betterment. That's what you have to consider as the mindset of the ECO who examines her visa application.

well i visited couple of times to USA to meet her and her family but very less communicaton, however i will have more evidence after marriage like marriage certifcate , wedding photos etc.
Her parents are also in USA and living illegally.

[Lucapooka]

Good luck!