Returning to UK after overstaying fiance visa

[Photogirl]

My partner and I have a problem. I am a U.S. citizen, and he is a British citizen from England. I have been in the UK for over a year, and have a fiance visa that we had extended once already. It expires at the end of March. Our situation is quite complex, and we therefore need some more time before we make the decision to marry. I understand it is virtually impossible to get a second extension on my visa. So we’re trying to find out what our options are. Our questions so far are:
1. What will happen if I overstay my visa? Are there penalties?
2. Does the Home Office know if/when I’ve left the country? If so, how? Is this true no matter the mode of transport (plane, train via France, boat....) What if I leave via France by train, then to the U.S. by plane?
3. If I overstay, then we marry in the U.S., would I be able to return to England?
4. Do they check if I’ve overstayed upon leaving the UK?
5. Could I return to the U.S., then return under a visitor visa? If so, how long would I have to wait before returning?
6. Are there any other options for us?

We appreciate any advice we can find on any of our questions.

Many thanks.

[John]

What will happen if I overstay my visa? Are there penalties?

Yes, thanks to a new Government policy, announced earlier today, you will be taken to the Tower of London, put in the stocks, and have rotten tomatoes thrown at you! Only joking!

Seriously, overstaying is breaking UK immigration law. Don't set out to break the law. Either get married before the fiancée visa expires (and then apply for a spouse visa) or leave the UK not later than the visa expiry date.

Our situation is quite complex, and we therefore need some more time before we make the decision to marry.

It seems to me that you have already had a year. There used to be a magazine in this country called Punch. It once gave advice to its readers ... about marriage ... If in doubt, don't! Maybe the two of you are just not destined to get it together?

Suggest you go back to your country, then if the two of you still want to get married sometime in the future, your fiancé could fly to the US, the two of you get married there, and then you could apply for a spouse visa! I say all that because I think you would struggle to get another fiancée visa!

[Photogirl]

I appreciate the advice I've received thus far, however I still need answers to my questions. As I said, our situation is complex which is why the Home Office was willing to extend our visa once with no questions asked. Apparently that is very unusual. Plus I'm reading all sorts of posts on this website about people overstaying for years and years, getting fake id's, etc. We are doing nothing of the sort. Our intention is not to do anything illegal. We simpy need a little more time, but unfortunately the government does not support our sincere efforts to stay together.

So if any of you can answer my questions, I'd greatly appreciate it.

[John]

Our intention is not to do anything illegal.

Then that includes not being an overstayer, because that is illegal.

Given that you are posting under a pseudonym, any reason why you cannot post more detail about your "complex situation"?

[Photogirl]

Let me explain. Our intention is to stay together, and not to do anything illegal. We are trying to find legal ways for me to stay, but have had no luck. Therefore we are asking other questions.

I don't feel it's necessary to explain our situation. We are simply looking for answers to the questions we've asked. We appreciate responses from anybody who can help us find these.

[yankeegirl]

Hi Photogirl,

I think the reason others are asking for a bit more info about your situation is so that more accurate advice can be given. I can understand that it's awkward to post things on a forum like this, but I would imagine its quite difficult for sometone to try to give honest, accurate advice with next to no information. Good luck on whatever you and your partner decide

[darksquid]

Given that one of the main requirements for obtaining a fiancee visa is that you will be married within 6 months, I am surprised you were able to get one in the first place! When I applied for mine, I had to show proof that we had already made a booking, or were in the process of making arrangements for a ceremony.

The fiance visa is NOT for 'getting to know you.' It is given to couples who have already done that part, and have made a firm committment to eachother. I am not going to make assumptions about your situation, but the fiance visa is for that and that alone. 'Getting to know you' must be done on other visas/visits.

I am sorry if I come across as harsh, but it is not the government's job to make international relationships easy or convenient.

You can apply to become a student, or you can attempt to obtain a work permit. Both will require you to return to the States and apply from there. Good luck.

MTA: I do know of a couple that allowed their fiance visa to lapse.... the fiance left the country before the visa expired (without getting married), returned to the States, and applied for a NEW visa from there. It was issued without any problems. You might need to consider this, as it seems unlikely they will extend your current visa again.

[Photogirl]

I'm finding that lots of people responding to my post are assuming my partner and I have done something terribly 'wrong'. It's important not to judge the situation before knowing the facts. We are both mature adults in our forties, and are very well established financially and career-wise. We were very much in love, and knew each other very well upon applying for our fiance visa. The complication is that my partner was married before, and lost his wife and one of his 2 sons in a tragic accident while on holiday. This quite understandably had a severe traumatic effect on both him and his other son, who is now 10. As a result, his son did not speak for 6 months afterwards, and continues to find change and new situations very difficult to adjust to. My moving here was a major change for him to say the least. Hence we had to postpone our marriage. We are still facing some challenges in creating a unified family, and simply need more time. The last thing we want is to negatively impact an already damaged 10-year old's emotional life. Perhaps those of you reading can now understand how the Home Office made such a quick decision on allowing us to extend my visa.

With that said, we’ve been doing extensive research to explore our options, and was hoping to get some sound advice on this discussion board. We've since decided to go for a second extension, and appeal if necessary. So, if anybody out there has sound advice on the appeal process in case we have to go that route, please do tell. What we don't want or need during this difficult time are quick judgements about our situation.