Question about my fiance moving to Scotland

[ivgotmilk]

We met on facebook in 2010 and have been friends ever since. Talking daily etc. She lived in Honduras up until 2012 when she moved the USA on a visa that allowed her to stay either 3 or 6 months. After the months were up however, she never went back and has stayed within the USA for the last 5 years - moving from NC to CA in 2015 through domestic flights.

Since starting our relationship in June 2015, I have been to stay with her 3 separate times. The last time I was there (3 weeks ago) I asked her to marry me and she said yes. We know that the spouse Visa is a lot cheaper than the fiance visa so are planning to get that one. Next year when I go across, we want to get married and she comes back with me. We know all the requirements for the visa/ time it takes (12 weeks) and documents we need, however I have a few questions -


#1) - Since she overstayed her time in USA, will this have any negative impact on the visa we will be applying for? And can she apply for it from within the USA or will she need to apply from Honduras?

#2) - On the website, it says she needs to send her passport and copies of her qualifications etc to the UK... this seems a bit unsafe as they want her actual copies of these important items, not just copies. Is this true?

ALSO

#3) - Is it possible to meet all the requirements, income, accommodation, genuine relationship, documents ... and the application can still be rejected? Or can it only be rejected for a good reason?

[CR001]

1. It could yes. She will have to declare if/where the forms asks. She can only apply from a country where she has legal residence, ie not a visitor. She will have to apply from Honduras.

2. If she doesn't send originals, likely the application will be refused.

3. Yes. She will get a reason and which immigration rule is relevant to the refusal IF she is refused.

[ivgotmilk]

There is no UK embassy within Honduras. Does this mean for her to move here to the UK she needs to leave her USA life for potentially 10 years to take the risk on applying for the visa to live here in the UK (from a country near Honduras) - or can she apply from an embassy of Honduras in the USA?

[Casa]

There is no UK embassy within Honduras. Does this mean for her to move here to the UK she needs to leave her USA life for potentially 10 years to take the risk on applying for the visa to live here in the UK (from a country near Honduras) - or can she apply from an embassy of Honduras in the USA?

See the application information for applicants in Honduras in the link below:
http://www.vfsglobal.co.uk/Honduras/English/index.html

She will be unable to apply from the USA as she doesn't have legal residence there. Legally 'present' (as a visitor for example) isn't the same as legally 'resident'

[Wanderer]

There is no UK embassy within Honduras. Does this mean for her to move here to the UK she needs to leave her USA life for potentially 10 years to take the risk on applying for the visa to live here in the UK (from a country near Honduras) - or can she apply from an embassy of Honduras in the USA?

Has to apply from anywhere she has legal residence, which from what you've posted means Honduras.

It's a complete mess and unfortunately the price you pay for not abiding by the immigration rules.