US Wife came in on tourist visa, what now?

[cerjones]

I married my wife 18 months ago in the US and was in process of applying for adjustment of status over there. Unfortunately we both lost our jobs and we couldnt pay the bills so we came to the UK at short notice as we could stay with my dad and I know enough people here to find some work at least. (Still looking for a full time job).

Is it correct that she can only stay 6 months on the tourist visa (the thing you fill in on the plane).

Is there any way to extend that?

I have read that she will have to leave and apply for a spousal visa in the USA and return on that before she can settle here. Is that correct?

We can stay with my father, it's a huge house and he's happy to have us. But what kind of income would I need to satisy the 'ability to support' my wife and son?

Thanks,

chris

[John]

I have read that she will have to leave and apply for a spousal visa in the USA and return on that before she can settle here. Is that correct?

Absolutely right, she will need to go back to the USA and apply there for her spouse visa.

A "no switching" rule was introduced as long ago as 01.04.03, and switching in the UK in your wife's circumstances is only available in extremely exceptional circumstances.

The current visitor visa is indeed limited to .... look at your wife's passport .... maximum of 6 months. Can it be extended in the UK? Again in only exceptional circumstances. I would not recommend that she breaks a leg, and is in hospital and that prevents her leaving. She must leave the UK, before she becomes an overstayer, in order to avoid future problems.

Income? There is no specific need figure. It merely needs to be shown that your wife will not need to claim certain Public Funds. Are you now working? What sort of amount of income do you now have?

You mention a child. Your child? The child British? Or if not, please explain.

[cerjones]

I am a self employed handyman. Gardening and small building jobs basically. Currently I make what would amount to about 5k a year as I've only been home a month. It should rise to 10 to 12 once i build things back up. That's about where I was at before I left to go to the US.

The child is from my wifes previous marriage, he's 11 years old.

How do they assess that you dont need public funds? If we'd simply need to live here for a few years without claiming anything I can do that no problem.

Just thought of something. My dads house is split 3 ways on the deeds, he put myself and my brother on around 4 years ago to try and guard against us eventually having to pay inheritence tax. Would that help in any way?

[John]

The child is from my wifes previous marriage, he's 11 years old.

Where is the child now? Also visiting the UK? He also needs to go back to the USA and when your wife applies for spouse visa, an application will need to be made for a Child Settlement visa for him. So visa application costs double what they would have been.

Does your wife have Sole Responsibility for her child? If the biological father of her child is still alive, what documentation does she have that shows she has Sole Responsibility?

Your Self-employment? If HMRC aware about it? So in the month since you have been back, you have earned about £400?

What amount of savings do you and your wife have?

How much earnings for visa purposes? At least the income support level, so for a couple plus one child, about £170 per week minimum.

My dads house is split 3 ways on the deeds, he put myself and my brother on around 4 years ago to try and guard against us eventually having to pay inheritence tax. Would that help in any way?

Is your Dad still living in the place? If yes, did he actually seek any tax advice before putting the place into joint names? If he is still living there it is likely that he has saved ..... nothing! Ownership of part of the house does not assist you with getting the visa, apart from showing that you have a right to live there.

[cerjones]

Does your wife have Sole Responsibility for her child? If the biological father of her child is still alive, what documentation does she have that shows she has Sole Responsibility?

She says Texas doesnt do sole custody, it only does majority/minority custody and she has 'majority'. It's written into the divorce settlement that only she can get him a passport and she can decide where he lives. She was able to get him a passport without her ex husbands consent. She had to send a copy of the divorce decree with the application.

Your Self-employment? If HMRC aware about it? So in the month since you have been back, you have earned about £400?

I havnt informed them yet but i have kept records of all work I've done.

What amount of savings do you and your wife have?

None.

Would savings affect the application?

How much earnings for visa purposes? At least the income support level, so for a couple plus one child, about £170 per week minimum.

I need to be able to show this when I apply for the Visa? So i have about six months build my business up.

How long does a visa application take usualy?

[nellis83]

Chris,

Count yourself lucky that your wife was allowed in on a tourist visa. If the immigration officer had twigged that she was married to a British citizen and didn't have the correct visa, she'd have likely been refused entry.

Exactly the same thing happened to my wife in 2007. We married in Canada, and naively thought she could come to the UK for our honeymoon in Scotland. Refused entry, sent home 3 days later. We were gutted!

Nick

[cerjones]

Chris,

Count yourself lucky that your wife was allowed in on a tourist visa. If the immigration officer had twigged that she was married to a British citizen and didn't have the correct visa, she'd have likely been refused entry.

Exactly the same thing happened to my wife in 2007. We married in Canada, and naively thought she could come to the UK for our honeymoon in Scotland. Refused entry, sent home 3 days later. We were gutted!

Nick

We told them we were married at the gate and that we were staying 3 months. We did get asked more questions than other people going through but they didnt seem overly concerned. I guess we were lucky, I dont know what we'd have done if they sent her back.