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Getting married in a year-refused visitor visa now what??

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doeintheheadlights
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Joined: Mon Oct 04, 2010 11:05 pm
Location: NJ

Getting married in a year-refused visitor visa now what??

Post by doeintheheadlights » Mon Oct 04, 2010 11:22 pm

Hi everybody, I'm a US citizen in need of some advice and insight into what has been a really difficult and confusing process of trying to move to the UK.

I met my fiancé, who lives in the UK, via internet two years ago. We hit it off and last year when I went to study abroad in England for four months we finally met and fell in love. Now we're planning on getting married and decided that we can't bear to be apart for another year. We decided to make it so that I could move to England, but things aren't turning out quite like we planned. We were going to get a fiancé visa, but that is only good for six months, and since we're getting married in August and there's no way we could get married sooner because of the venue/dress/notice for my side of the family. We don't want to get married before our official ceremony because we just think that will take away from what should be a special and sentimental time. Anyway, we decided the best option would be for me to apply for a visitor visa for six months, and then in April apply for a fiancé visa so we could get married in August.

So...I applied for a visitor visa, waited two and a half months for a response, only to find out that I was refused. At this point I had already booked my ticket which included hauling my rabbits with me to the UK (a really difficult process in itself which you can't leave to the last minute). Well, they gave a bunch of really surprising reasons for why I couldn't come to the UK. One of which was that I was already there on a student visitor visa for four months from February until June. I thought that previous visas didn't have any affect on new visa applications, but I guess since it was within the same year they thought I was 'abusing' the visa process. They also told me I didn't have proof that I intended to come back, again something I had no idea that I needed.

So now, since I've already made plans to move to the UK pretty much for good to live with him, already have a plane ticket, and, in short, can't spend more than a few days away from him, I'm at a loss as to what to do. My fiancé and my mother both tell me I should just go without a visa, stay for three months, come back, go again for three months, and then apply for a fiancé visa. My question is whether I'll get a fiancé visa if I do this? At this point we're seriously considering just marrying in the US and then applying for a Spouse Visa, but I really, really don't want to do that. I want my wedding to be special, and not something I'm doing quick so I can get a stupid visa. This is so confusing, and I'm so frustrated right now that the UK visa site doesn't have information available for those who are applying to visas. The site is so confusing and they never give you a clear list of things that are taken into consideration when your application is reviewed.

Okay, this is turning into an essay. I'm sorry, I just needed to vent. It's been a tough week! In short, I was just wondering if people had similar issues when marrying Uk citizens and what they've done. I feel bad for trying to get around the system, but I can't only spend 6 months in the UK before I marry. I think it's so unreasonable for them to think that a 6 month period is a suitable time before your wedding to spend with your fiancé. Who can do that??

ElenaW
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Posts: 1525
Joined: Wed Oct 07, 2009 11:14 am
Location: Back and forth between California and Norwich :D

Post by ElenaW » Tue Oct 05, 2010 8:18 am

Hi,

If you were refused a visitor visa, you can't just show up and expect to be let into the country for three months. It was your responsibility to provide proof that you would return to your home country and the guidance is quite clear on that. Especially, when you have a boyfriend in the UK!

If you want, you can try re-applying with the proper evidence (proof of employment, study, etc...). But they weren't happy with your previous student visitor visa so I'm not sure if it'll be approved this time either.

I think that you think that the UKBA cares about you and your fiance. They don't. The rules of visitors are the same for everyone so they don't care how sad someone will be if they don't spend loads of time with their fiance.

I think your idea about getting married in the us and applying for a spousal visa is a good one. Or you can just wait to see him when you apply for the fiance visa.

Sorry but you're not the only one who went through tough seperations and they won't just make an exception because they'll feel bad for you.
I tell it like it is.

doeintheheadlights
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Posts: 3
Joined: Mon Oct 04, 2010 11:05 pm
Location: NJ

Post by doeintheheadlights » Tue Oct 05, 2010 5:49 pm

ElenaW wrote:Hi,

If you were refused a visitor visa, you can't just show up and expect to be let into the country for three months. It was your responsibility to provide proof that you would return to your home country and the guidance is quite clear on that. Especially, when you have a boyfriend in the UK!

If you want, you can try re-applying with the proper evidence (proof of employment, study, etc...). But they weren't happy with your previous student visitor visa so I'm not sure if it'll be approved this time either.

I think that you think that the UKBA cares about you and your fiance. They don't. The rules of visitors are the same for everyone so they don't care how sad someone will be if they don't spend loads of time with their fiance.

I think your idea about getting married in the us and applying for a spousal visa is a good one. Or you can just wait to see him when you apply for the fiance visa.

Sorry but you're not the only one who went through tough seperations and they won't just make an exception because they'll feel bad for you.
Thank you for your reply. I understand that the UKBA have a job to do and they have to follow the rules. I hope I didn't come off in my post as thinking I should get special treatment. I just wish it were easier to be with my fiancé and wish there were more information available on to what needs to be proved and what doesn't when applying. I thought I had crossed all my t's and dotted all my i's but when I got my visa back there were 3 different things they snagged me on!

Do you really think that they will refuse me entry into the UK? I thought immigration officers can't see that I was refused a visa on my passport? I really don't want to break the rules but...I already made so many plans (I guess that was a bad idea). My fiancé just did something similar where he stayed in the US for 3 months, went back to England for a week, and then came back again for another 3 weeks so he could help me pack and they didn't say anything at the US border.

Thanks again for your insight, I know I probably sound like a nincompoop but well, I'm in love!

ElenaW
Diamond Member
Posts: 1525
Joined: Wed Oct 07, 2009 11:14 am
Location: Back and forth between California and Norwich :D

Post by ElenaW » Tue Oct 05, 2010 7:00 pm

doeintheheadlights wrote:
Thank you for your reply. I understand that the UKBA have a job to do and they have to follow the rules. I hope I didn't come off in my post as thinking I should get special treatment. I just wish it were easier to be with my fiancé and wish there were more information available on to what needs to be proved and what doesn't when applying. I thought I had crossed all my t's and dotted all my i's but when I got my visa back there were 3 different things they snagged me on!

Do you really think that they will refuse me entry into the UK? I thought immigration officers can't see that I was refused a visa on my passport? I really don't want to break the rules but...I already made so many plans (I guess that was a bad idea). My fiancé just did something similar where he stayed in the US for 3 months, went back to England for a week, and then came back again for another 3 weeks so he could help me pack and they didn't say anything at the US border.

Thanks again for your insight, I know I probably sound like a nincompoop but well, I'm in love!
Hey,

Sorry for being snappy in the morning. I didn't have my coffee yet :D .

They can see your refusals especially because of the biometrics you had to get done when you applied for the visa.

You may or may not be refused entry but imo, it would be leaning more towards refusal so I wouldn't risk it personally. Just makes it harder for every subsequent visa you apply for.
I tell it like it is.

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