United States wife overstay.

Andrewg33 · Post by **Andrewg33** » Sat Jul 12, 2008 1:46 pm

Hi everyone,im new to this forum and have been interested in the topics,our situation relates to some of this this,my wife is a us citizen and came here on i visitor visa 5 years ago with the intention of getting married and changing status,we found out that it cant be done while in country and have been scared to do anything because of the overstay,we were married over 4 years ago and have a little boy who is 4 next month,i was told by an immigration adviser that it may be possible to apply in country and if we were refused we have good grounds for appeal,just wondering if anyone has any views on this.Ofcourse she back home and apply from there but the fear is that she may be refused then stuck in the states (she has no ties there now)not to mention the expense any help would be much appriciated also does this statement from the house of lords give us hope?-

"In terms of the marriage however if you were to get married or have been in a long standing relationship akin to marriage and have children then there is hope as last week the House of Lords issued a decision stating that it was disproportionate to expect foreign national spouses/partners to be expected to incur the expense and separation of leaving the UK to make applications to remain here if they have a spouse /partner and children. "

Thanks in advance.

yankeegirl · Post by **yankeegirl** » Sat Jul 12, 2008 2:09 pm

http://www.immigrationboards.com/viewtopic.php?t=26539

Have a read through this thread. The poster just recently returned back to the US to get entry clearance to the UK after overstaying.

I'm not sure about how the decision made recently by the House of Lords will play out, it only came out in the last week or two. Prior to that, in-country applications took a long time (a year or more) and were rarely successful, so the applicant was left in limbo for an extended length of time and then at the end of it all still had to return home and apply from there.

Try to get a consultation with an OISC registered advisor and go over your options thoroughly. If you decide to have your wife return to the US and apply from there (likely to be the quickest option) be sure to do it before 01 October.

Lady K · Post by **Lady K** » Sat Jul 12, 2008 5:16 pm

Hi, I think I can help, as I have just been through this whole process, documented my application to the nines, flew back to the States, fed exd my documents to the courier now required to take applications to the Bristish Consulate (in the States) and had my entry clearance approved in one day, after an (unknowing) overstay of 2 and a half years. Its terrifying, I know but if your situation is as straight forward as you say, you should be able to take advantage of the concession if you get everything sorted before 1st of October. Send me a private message if you want to chat further, and if I can provide accurate advice drawn from my own experience, I will and If I cannot be 100% sure of my answer, there will defititely be someone on this forum with the knowledge and experience to guide you to the desired result. Lets get you your life back!!

Andrewg33 · Post by **Andrewg33** » Wed Jul 16, 2008 8:23 pm

Please can anyone advise us on the implications of her being able to stay here by doing an in-country application and what our chances are or point us in the direction of someone who can help in that situation (maybe someone that has been through it),we cant finacially afford to pay the big expense of applying from the states,we are able to get by ok with me just working but we will have trouble being able to save money for this and have no means to get it elsewhere,we need our life back,please help.

Thanks

Post by **PaperPusher** » Wed Jul 16, 2008 11:15 pm

Outside the rules applications can take years before a decision, then get refused, appeals that are not won, and the end result is still that the person needs to leave the UK. Even if the appeal is won that could take years.

PP

Andrewg33 · Post by **Andrewg33** » Sat Jul 19, 2008 2:30 pm

We know what we have to do now its just a case of finding the money in the meantime,my boss at work is going to help us out with legal advice so we can weigh up what other options are available for us,i will keep everyone updated on our progress for those who have been following this thread

Thanks again.

republique · Post by **republique** » Sat Jul 19, 2008 2:49 pm

Andrewg33 wrote:We know what we have to do now its just a case of finding the money in the meantime,my boss at work is going to help us out with legal advice so we can weigh up what other options are available for us,i will keep everyone updated on our progress for those who have been following this thread

Thanks again.

I dont see why you are forcing the issue. People are more successful if they go home and apply outside the country. As mentionned above, doing it incountry is like forcing someone to let you stay in their home when you have been asked to leave. If you kindly depart and say from afar may i come back in, they are more likely to be generous and let you come back especially since the UK is on good terms with the USA and you guys have a child. It would be better if you were married but nevermind.

Andrewg33 · Post by **Andrewg33** » Sat Jul 19, 2008 3:06 pm

We were married 4 years ago,i wouldn't say were forcing the issue just looking at all our options before we proceed.

Lady K · Post by **Lady K** » Sat Jul 19, 2008 5:15 pm

Do what you and the wife need to do, Andrew, as I said, it took me several months to come to terms with the fact that, as complicated and unnecessary as it seems, going back was the only way forward to pretty much ensure success with circumstances like ours. You and I and many others from the sounds of it are fortunate that this tiny little window of opportunity has been made available to us garden variety overstayers to make things right but only if we leave the country voluntarily (soon!) and ask nicely from abroad for re entry. Please dont feel like everybody is forcing this on you, its only that many of us have been forced to study the issue in grueling detail over the last few months and it has been made plainly aware that as ridiculous and expensive as it is, going back is the only way. If any of the (not naming!) experts participating on this forum know of any other options soon to become available to enable an in country success story ...now is the time to let us know !! If you can find the money, it will soon all be behind you and the strain and fear will be a long forgoten memory.
Stay In Touch, and youll have lots of help!

jei2 · Post by **jei2** » Sat Jul 19, 2008 9:01 pm

Andrewg33 wrote:Please can anyone advise us on the implications of her being able to stay here by doing an in-country application and what our chances are or point us in the direction of someone who can help in that situation (maybe someone that has been through it),we cant finacially afford to pay the big expense of applying from the states,we are able to get by ok with me just working but we will have trouble being able to save money for this and have no means to get it elsewhere,we need our life back,please help.

Thanks

Andrew, without repeating the sound advice of others here, I'm intrigued by the "big expense" you refer to in your wife flying back to the States, as opposed to the cost of the legal advice you will need for an in-country applicaton, even if your boss is assisting you in this.

Because your wife has missed out on DP3/96 (the married overstayers concession) you could be looking at a long wait and a hard fight from within the UK - even if you do eventually win on Chikwamba. That's fine if you don't mind waiting for another year or four.

Wishful thinking will only make you more vulnerable and immigration in the UK is not going to get any nicer. The current Immigration and Citizenship Bill talks about wide detention and tagging powers for illegal immigrants as well as the power to detain those without permission and those who are awaiting a decision.

My advice is to use the experience of those like Lady K (who has literally been there, done that), in light of the current March - October concession and get it right.

republique · Post by **republique** » Sat Jul 19, 2008 9:55 pm

Andrewg33 wrote:We were married 4 years ago,i wouldn't say were forcing the issue just looking at all our options before we proceed.

It looks like that way to me. You are gearing up for a fight and unnecessary one at that. What are trying to prove by having her stay here when there is a concession but do it your way and ignore everyone's advice.
Cherio

Andrewg33 · Post by **Andrewg33** » Sun Jul 20, 2008 5:02 pm

Republique,couple of points,firstly were a couple and we both make decisions on what to do so the point you made "why are you keeping her here" like im the boss is not true,secondly were not ignoring everyone's advice,there has been alot of good advice from really nice people on this forum and have pointed us in the right direction of what to do,if you have been in this situation yourself you would understand that its our life here and we think of every situation and what we can do about it and we are also learning about the rules of immigration,thanks to this forum we have a better understanding and a clearer picture of what to do

thesaint · Post by **thesaint** » Sun Jul 20, 2008 9:52 pm

Andrewg33

best of luck coz u need it

chuggletops · Post by **chuggletops** » Wed Jul 23, 2008 11:20 pm

Andrew

If she stays here sooner or later her immigration status will become an issue. If you make an in-country application she will automatically be deemed an overstayer and more than likely given a decision to remove her. She will have a right of appeal, but that can take months/years to complete with no guarantee that she will win.

The safest route by far is for her to return and apply to enter as a spouse, giving good supporting evidence of cohabitation and being honest.

Bear in mind also that new rules kick in on 1 October 2008. If, after that date, she returns voluntarily to the US she may face automatic refusal for a year. If she's removed by the UK Border Agency that could shoot up to ten years.

Andrewg33 · Post by **Andrewg33** » Thu Jul 24, 2008 7:01 am

We realise that she has to go back and apply there now,we are trying to get things sorted out,we found out on Sunday she is pregnant with our second child so all the more reason to get her status sorted out.

chibage · Post by **chibage** » Thu Jul 24, 2008 10:17 am

chuggletop there are no bans for family members, only refusals under 320 (11)

Andrewg33 · Post by **Andrewg33** » Mon Jul 28, 2008 6:59 pm

We have decided to go back to the States and put in the application there however i wanted to know that if the application is correct and everything on it is the truth,is it a guaranteed visa for her? Obviously we are nervous about a refusal but the only thing we have not done right is the overstay nothing else.

Thanks

yankeegirl · Post by **yankeegirl** » Mon Jul 28, 2008 10:18 pm

Well, nothing is guaranteed, but if the application is thorough, there shouldn't be any problems. If you're at all concerned, it might be worth your while to see an immigration adviser before leaving the UK and have them do a document check to make sure everything is in order. Might at least give you a bit of peace of mind.

celtic555 · Post by **celtic555** » Tue Jul 29, 2008 6:17 pm

chibage wrote:chuggletop there are no bans for family members, only refusals under 320 (11)

Hello Chibage - just to clarify - there isn't a Ban on overstaying family members?

I overstayed by 7 months due to a silly misunderstanding and have sent in a FLR(M) spouse application in-country.

Sorry to ask, but what does 320(11) mean exactly?

Many thanks for any info,
Sandra

Post by **vinny** » Wed Jul 30, 2008 1:48 am

26.18 Refusing where the applicant has contrived in a significant way to frustrate the intentions of the immigration rules

celtic555 · Post by **celtic555** » Wed Jul 30, 2008 8:03 am

Just wanted to say thank you for clarify that ruling.

Kind regards - Sandra.

Andrewg33 · Post by **Andrewg33** » Fri Aug 08, 2008 9:36 pm

Hi everyone

We are still in the process of trying to find money to get her to go back to the States and do the application from there but as i thought were finding it difficult,we will keep trying though because of the advice in this forum. My wife is having a tough time of it right now with being pregnant and every day being sick unlike the first one (must be a girl ). I have being looking through immigration forums and reading horror stories about couples in our situation being refused visas from abroad for different reasons,this is making me worried. What is the significance of the chikwamba case in our situation? We cant risk her being refused in the States 5000 miles apart in our situation. We all make mistakes,we are all human but in this case i think common sense should prevail and they should let her be succesfull in doing an in-country application,we dont care how long it takes,were worried.

Thanks

jjohnmichael4u · Post by **jjohnmichael4u** » Sat Aug 09, 2008 3:34 pm

hey andrew. i really feel for you m8. i am in the very same boat only it is me that is the overstayer, not my misses, and we just had our second as well. it sucks when my children have more rights than myself as they are british citizens.
i love the uk but im a lil fed up with what we have to go through to get legal here. i mean fer f' sakes our countries are suppose to be allies. i wonder if my govt of the usa has put as much grief on uk citizens trying to emmigrate to america. somehow i highly doubt it.
anyways m8 i am waiting to here from my mp's office on this re-entry ban stuff. real easy for folks to say go home because thats the best option to get legal. il let you know once ive heard s.thing. because in my oppinion being out thousands of pounds that could bennefit my children instead sounds the better.

sakura · Post by **sakura** » Sun Aug 10, 2008 10:00 am

jjohnmichael4u wrote: hey andrew. i really feel for you m8. i am in the very same boat only it is me that is the overstayer, not my misses, and we just had our second as well. it sucks when my children have more rights than myself as they are british citizens.
i love the uk but im a lil fed up with what we have to go through to get legal here. i mean fer f' sakes our countries are suppose to be allies. i wonder if my govt of the usa has put as much grief on uk citizens trying to emmigrate to america. somehow i highly doubt it.

Please don't start the "we are allies" thing....strangely enough another US citizen wrote the same thing a while back, when finding difficulties obtaining a visa...

The US would treat overstayers much the same, if not worse. First of all they also have bans extending from one year to several years. Also, if you overstay on your VW, you can never use it again. I don't think such a rule applies to US citizens overstaying in the UK. Secondly, I don't think there is any greater possibility of an overstayer being able to extend/renew their visa in-country in the US than in the UK. Thirdly, why should US citizens be treated any better than an Indian, a Mexican or Australian? In fact, they already are more likely to obtain a visa (higher success rates and less waiting times, for example) than most other countries.

AFAIK, British citizens are not given any special immigration treatment in the USA. There are no special visas, waiting list, exemptions, or any other such thing. If I overstayed in the US I would be expected to sort out my status, and if that means returning home (rather than submitting an application in-country and having to wait who knows how long...meanwhile not being able to work, by the way, because I have no status), as the policy states, then I cannot complain about being discriminated against when this is a request asked by all applicants. I very much doubt that any immigration policy is applied less strictly just because we are 'allies'.

Also, your children have more rights than you precisely because they have right of abode, which you do not. It would be rather strange if a citizen of a country would be given fewer rights than an immigrant.

Of course I know that it is difficult to return home and apply, especially with a young family, but in-country applications from overstayers take a very long time and may still be refused, and waving a certain passport won't make them work any faster. Things are no more difficult for a US citizen than a Chinese...except that a Chinese citizen has the added issues of having to prove that their marriage is not one of convenience.

Lady K · Post by **Lady K** » Sun Aug 10, 2008 10:31 am

Hear Hear...Yes I am American and proud of all that, but American Chinese, Pakistani or Italian, it is not our birth given RIGHT to be here, it is a privilege, and one we all have to earn. Yes, it cost me a couple of thousand pounds to fly back to the States and re apply for my visa after a 30 month overstay, and it was inconvenient, and my husband had to take time off work and I missed my dogs but blah, blah blah, however unintentionally, I Broke The Law. So has your wife Andy, and you jjohnmichael4u and the dozens of others that have recently peeped their heads above the ramparts on this forum. Being American, and/or married, with or without children isnt going to make a country in which you have broken the law roll out the red carpet for you and say, oh, never mind the laws, you are our adorable American cousins who really helped us out in the War so there is another set of rules for you. I find it appalling that instead of being fall down on your knees grateful that we overstayers have been granted a tiny window of opportunity to put oursitution right and get ourselves legal, you are whipping out the Stars and Stripes and claiming you will beat the system. READ MY LIPS: IT Aint GONNA HAPPEN
Andy, you should have your flights booked by now..FIND the money, Ask the employer for a loan you can work off, go to the in laws, sell that bike in the garage on EBAY, put part of it on any credit card you can get your hands on, and DO IT. You will spend twice to three times as much paying lawyers and fighting at appeal, and several years of stress is not what your pregnant wife needs, or you and the longer you wait, the worse it will get. Believe me I know us Americans are used to having most everything handed to us on a plate, and offerred 17 different choices of sauce to go with it, but in this instance it is selfish, arrogant and inappropriate to fight it. Do you really want your children growing up saying "Y'all have a Nice Day!" ....I didnt think so.

Immigrationboards.com: Immigration, work visa and work permit discussion board

United States wife overstay.

United States wife overstay.

US wife overstay.

Re: US wife overstay.

Hello Chibage

Thanks Vinny!

overstay..