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If YOU were applying then i dont thing there would a be a problem, but seeing its HUSBAND alone who needs to apply I am not so sure. Like Marco72 the fact that he is not working might be a problem. The thing with US visa application is that Hubby applies and then only HE goes to the interview (you wont be allowed into the building) and so most questions fielded will be about him not you.stacey1 wrote:Would thi sbe the case even though im employed and will be back to work by then? Hopefully he will be in employment by then.We are going as a family.Him,myself and our 2 children.Surely that is enough tie to the UK.Our eldest daughter is in school and is 9 years old.All my family are here in the UK.So im sure this is plenty of ties :-/
I can just see the US embassy seeing the fact my husband has his mother and sisters in the US as a bad thing,which is why i asked advise on whether to declare this.I know what these people are like,the fact we want to visit our family in the US would be looked as like we want to live there.Im sorry but the US is the last place i want to live,we are happy here but simply want to see my in-laws and my children have never met there grandma and aunties.
We will apply for the visa and see what happens.If my husband was travelling alone i could understand why they would be cautious,but we are going as a family :-/
After the stress and money we have spent to get this visa i wouldnt even attempt to change it.Its what the jdge ordered and thats what the Home Office gave.He has 3 years limited leave to remain.After that 3 years he is entitled to apply for indefinate leave to remain.A spousal visa is only given for the first 2 years of marriage,then leave to remain is given.But as we have been married over 2 years and living together over 3 years it wouldnt be appropriate.He was granted limited leave to remain under the children's act law as we have children.Again this was by judgement of the tribuneral.f2k wrote:i think you need to investigate more about your changing your husbands visa to a spouse visa. with what you have said so far I am not convinced that he cant be on a spouse visa. You can have a look at the 'Immigration for Family Members' section on this forum.
op's husband did not qualify for a spouse visa because he didn't have leave at the time of his application.f2k wrote:i think you need to investigate more about your changing your husbands visa to a spouse visa. with what you have said so far I am not convinced that he cant be on a spouse visa. You can have a look at the 'Immigration for Family Members' section on this forum.
stacey1 wrote:After the stress and money we have spent to get this visa i wouldnt even attempt to change it.Its what the jdge ordered and thats what the Home Office gave.He has 3 years limited leave to remain.After that 3 years he is entitled to apply for indefinate leave to remain.A spousal visa is only given for the first 2 years of marriage,then leave to remain is given.But as we have been married over 2 years and living together over 3 years it wouldnt be appropriate.He was granted limited leave to remain under the children's act law as we have children.Again this was by judgement of the tribuneral.f2k wrote:i think you need to investigate more about your changing your husbands visa to a spouse visa. with what you have said so far I am not convinced that he cant be on a spouse visa. You can have a look at the 'Immigration for Family Members' section on this forum.
We will either wait til he gets his indefinate leave to remain or risk it and apply when he starts employment.I cant see how his visa is any different to a student/spousal/work visa.He has plenty of ties to the UK, including his wife and children and will soon have a job to add to the ties.We just dont want to risk having a "rejected" stamp in his passport.
I am only repeating what the judge told us in court and what our home office documents say.We have it in writing that at the end of the 3 year year period, he will qualify for ltr.Im not saying what i think,im only telling you what we have in writing.It also clearly states that the decretionary was granted in accordance with the childrensGreenie wrote:stacey1 wrote:After the stress and money we have spent to get this visa i wouldnt even attempt to change it.Its what the jdge ordered and thats what the Home Office gave.He has 3 years limited leave to remain.After that 3 years he is entitled to apply for indefinate leave to remain.A spousal visa is only given for the first 2 years of marriage,then leave to remain is given.But as we have been married over 2 years and living together over 3 years it wouldnt be appropriate.He was granted limited leave to remain under the children's act law as we have children.Again this was by judgement of the tribuneral.f2k wrote:i think you need to investigate more about your changing your husbands visa to a spouse visa. with what you have said so far I am not convinced that he cant be on a spouse visa. You can have a look at the 'Immigration for Family Members' section on this forum.
We will either wait til he gets his indefinate leave to remain or risk it and apply when he starts employment.I cant see how his visa is any different to a student/spousal/work visa.He has plenty of ties to the UK, including his wife and children and will soon have a job to add to the ties.We just dont want to risk having a "rejected" stamp in his passport.
Not related to your current thread but just think a few things need to be clarified here-
Stacey1 from reading your previous posts your husband was given discretionary leave because he was an overstayer when he applied for leave as your spouse and therefore did not qualify under the rules. It is not correct that they only grant the spouse visa for the first two years of marriage and that they granted your husband discretionary leave because you had been married for over two years. Finally your husband will need to complete 6 years discretionary leave before he can apply for ilr.
What does the letter from ukba actually say? 'ltr' means leave to remain and is not the same as indefinite leave to remain. Ukba policy is that a person needs to complete 6 years discretionary leave to qualify for ilr the reasons for grant of discretionary leave do not change this.stacey1 wrote:I am only repeating what the judge told us in court and what our home office documents say.We have it in writing that at the end of the 3 year year period, he will qualify for ltr.Im not saying what i think,im only telling you what we have in writing.It also clearly states that the decretionary was granted in accordance with the childrensGreenie wrote:stacey1 wrote:After the stress and money we have spent to get this visa i wouldnt even attempt to change it.Its what the jdge ordered and thats what the Home Office gave.He has 3 years limited leave to remain.After that 3 years he is entitled to apply for indefinate leave to remain.A spousal visa is only given for the first 2 years of marriage,then leave to remain is given.But as we have been married over 2 years and living together over 3 years it wouldnt be appropriate.He was granted limited leave to remain under the children's act law as we have children.Again this was by judgement of the tribuneral.f2k wrote:i think you need to investigate more about your changing your husbands visa to a spouse visa. with what you have said so far I am not convinced that he cant be on a spouse visa. You can have a look at the 'Immigration for Family Members' section on this forum.
We will either wait til he gets his indefinate leave to remain or risk it and apply when he starts employment.I cant see how his visa is any different to a student/spousal/work visa.He has plenty of ties to the UK, including his wife and children and will soon have a job to add to the ties.We just dont want to risk having a "rejected" stamp in his passport.
Not related to your current thread but just think a few things need to be clarified here-
Stacey1 from reading your previous posts your husband was given discretionary leave because he was an overstayer when he applied for leave as your spouse and therefore did not qualify under the rules. It is not correct that they only grant the spouse visa for the first two years of marriage and that they granted your husband discretionary leave because you had been married for over two years. Finally your husband will need to complete 6 years discretionary leave before he can apply for ilr.
Probably the wrong place to be discussing this now hence why I posted the link to the other section.Greenie wrote:op's husband did not qualify for a spouse visa because he didn't have leave at the time of his application.f2k wrote:i think you need to investigate more about your changing your husbands visa to a spouse visa. with what you have said so far I am not convinced that he cant be on a spouse visa. You can have a look at the 'Immigration for Family Members' section on this forum.