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US girlfriend Help (Immigration Law)

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• Sun, 07 Sep 2003 13:02:00 GMT(1)
• The UK has an unmarried partners visa. If you have lived together for 2
  years (6 month gap allowed) you can apply for this. Your girlfriend
  would have to apply from the US not within the UK. Try adding up the
  total time you have spent in the US with her (and she on visits to you
  in the UK, if any) plus any proof you have of being at the same address.
  Have you had any official correspondence sent to her address? If that
  would be difficult, maybe you can get someone to write a letter to say
  you have been a couple mainly living together for x amount of time (a
  professional person would be good). Or you could use boarding passes if
  you have them.
  
  If you want to know your chances of getting the visa you could try
  calling the British Consulate in LA. Chicago and New York also issue
  settlement visas but I've heard LA is friendly on the phone queries. See
  www.britainusa.com[/url] and ]www.ukvisas.gov.uk.for
  further information
  
  --
  Married to an American
  
  Posted via http://britishexpats.com
• Mon, 08 Sep 2003 08:22:00 GMT(2)
• Originally posted by Brucie
  
  snip
  
  Basically is there anyway we can live together before we get married.
  I mean neither of us want to get married for the purpose of getting a
  visa, we want to get married because WE want to get married in our own
  time.
  
  snip
  
  Unfortunately, these laws were not established in order for lovers to "get to know each other". They were established to allow family members to live together in the US. A spouse is considered an immediate relative. So if you're not considering marriage ......... a student or work visa perhaps?
  
  Leslie
  
  --
  Posted via http://britishexpats.com
• Mon, 06 Nov 2006 20:13:00 GMT(3)
• Hi! I was just perusing for advice on law chat and saw your posting. I am currently having the exact same problem as you are and actually just got denied entry into the UK . I was going to see my boyfrie:mad: nd whom they though I might try to stay permenantley with( which unfortunaltley I wan not). I am looking for a solution to our having to live away from eachother. Any advice? What has happened with your situation? Cheers, rebecca
• Tue, 09 Sep 2003 13:22:00 GMT(4)
• Brucie,
  
  Most people achieve the 2 years by means of student status or work
  permits. You said in your first post that you had spent a lot of time in
  the US with your girlfriend. If that adds up to 18 months within the
  last 2 years, you could go for the unmarried partners visa.
  
  That does seem unlikely, so otherwise (and in any case if you decide to
  move to the US) you will have to go either the fianc or spousal route.
  The UK does have a longer period than the US's 90 days for a fianc (you
  get 6 months to marry, but you have to prove you have booked the
  wedding, though that could be as simple as a note from the registry
  office to say you have made a provisional booking). Unlike the US
  though, you cannot work until you are married (then again depending
  where in the US you are it could take more than 90 days to get EAD).
  
  However you can change status to spouse on a same-day basis at the IND
  in Croydon--though you have to get in line VERY early (like 5.30!)
  
  --
  Married to an American
  
  Posted via http://britishexpats.com
• Sun, 07 Sep 2003 13:09:00 GMT(5)
• Thank you for your helpful comments.
  
  I appolgise for my total naivity about the whole subject and how I may
  have come across as being a bit overwhelm. As a law abiding person I
  undertand their needs and I can undertand why these processes are
  there. It is obviously just very hard when you can't be with the one
  person in the whole world who you truly love because of laws!
  
  My London - Manchester example was just me trying to state how easy it
  would be if with both came from the same country. I think I am trying
  to say that we are humans! :)
  
  Looks like got a lot of hard work ahead of me and a lot of questions
  
  Thanks for you help so far it is greatly appreciated
  
  neil
  
  Rete <member167@lawknowledge.org.britishexpats.com> wrote in message news:<951111.1062943954@lawknowledge.org.britishexpats.com>... OOops change the nouns on this response please. I reversed who is what citizen. Sorry. Originally posted by Rete No you can't. The US has immigration laws which you must adhere to. This is the US and not the UK. Different countries. Different laws. Marriage is the easier of the options and yes you must show to the BCIS that your wife (if you marry her in the UK) or your fiancee (if you plan on marrying in the US) will not become a financial burden on the US. You are required to show 125% of the poverty guidelines for a family your size (assuming here that would be a family of two - you and her). If you don't have employment, you can use assets but they must be 5 times 125% of the poverty guidelines. Or you can get someone to be your co-sponsor. Why would you have to place your life on hold? That doesn't make sense. Others who are perpetual students have done the I-130 or the K-1 and subsequent adjustment of status while still going to school to earn their Phd's or continued education. If your girlfirend has a degree in the appropriate fields she can attempt to get a work visa. Or perhaps a J visa where she can be something like a nanny for a year or two. There is no way for her to just cross the border legally and live in the US with you. Of course, she can do what you are doing, try entering the US and stay for the length of the VWP and then leave and the next time you go to the UK to be with her for 90 days and then her turn to play spin the country. Only if you choose not to burden yourself with the immigration processing. We make our own destiny. I don't believe it is predetermined. You are talking emotions vs law. No one can tell you who you can or cannot love. But as a citizen of the US you are bound by the laws in force at the moment concerning immigration. As you noted you have the option of obtaining leave to remain in the UK and continue living with your "love" with the sanction of her government quickly and easily. While you would still have to marry her, there might well be options under UK immigration that would allow you legal right to remain in the UK to pursue your degree(s) and love interest. Thanks :) Rete
• Sun, 07 Sep 2003 13:25:00 GMT(6)
• Hi Brucie,
  
  Originally posted by Brucie
  
  I can't just go to the US and live with her can I?
  
  No you can't, not legally and not without risking a 10 year ban. Not a
  good idea.
  
  My example is, if she was from Manchester and i was from London, I
  would just move there and live with her and get a job. Easy.
  
  Probably easier before 1776 and all that tea-party nonsense :)
  
  Basically is there anyway we can live together before we get married.
  I mean neither of us want to get married for the purpose of getting a
  visa, we want to get married because WE want to get married in our own
  time.
  
  Welcome to the real world, said Morpheus.
  
  Bring her here to the UK. Two ways: 1) She files for a fianc visa with
  the British Consulate appropriate to her home state (either Chicago, LA
  or NYC) This usually involves an interview (for her, at said Consulate)
  at which she will required to prove the relationship - and you won't
  have any problems with proof....AND she also has to show that YOU can
  support her here - evidence of savings, income etc etc. 2) You fly
  there, get married there, then files for a spousal visa as above....all
  the same conditions apply.
  
  As far as I'm aware, she cannot file for a spousal or fianc visa here
  in the UK. It has to be in the US thereby preventing her from flying
  here and you marrying here first (unless you do that and then she
  returns to the USA to start 2).
  
  Does it mean that we are destined not to be together.
  
  Hardly. How you come to that conclusion escapes me. It means that the
  cold reality of getting properly (and I mean properly) organised has to
  take some priority over the hearts and flowers stuff.
  
  Please excuse my naivity in this. I though that when you love someone
  you can be with them irrelevant of nationality....I think I have been
  a bit dumb in this respect.
  
  No comment ;) Hey - you found this place, so you're not as dumb as you
  think you are... You are a student, and a mature one. Get
  studying....:)
  
  Join the www.britishexpats.com forum for marriage (it's
  linked to Usenet so that's why you are seeing postings from forum
  members) and start with the root posting from Rete at the top of
  this forum.
  
  For further info check here:
  http://www.usembassy.org.uk/cons_web/visa/iv/ivindex.htm for
  US fianc and marriage visas and here:
  http://www.britainusa.com/visas/visas.asp for British ones.
  
  Good luck - Tim
  
  --
  Posted via http://britishexpats.com
• Tue, 09 Sep 2003 09:30:00 GMT(7)
• Thank you all very much for you detailed and helpful responses.
  
  Looks like it is going ot be a long and complex process and something
  to start doing straight away.
  
  I appologise once again for my total naivity in these matters, but
  being the hopeless romantic I am, I didn't expect so much formality in
  being with the person whom you love more than anything. You can't help
  whom you fall in love with regardless of their nationality or skin
  colour. But it would seem that it is eaiser to be with someone in your
  own country.
  
  Anyhow I am sure this process will make us stronger :)
  
  I have a few more questions (sorry!).
  
  Someone mentioned that if you live together for 2 years, you can come
  to the Uk without being married. My question is how do you live
  together for 2 years if neither of you can be in the same country
  without a marriage or fiance visa? or am I missing something.
  
  Also the fact that I am currentl a student living at home, with out
  any evidence of income or my own home, would this have any effect on
  her coming to stay here? I do have evidence of savings which would be
  enough to support her. Also would her savings be evidence of her
  ability to support herself?
  
  Thank you once again for all your help
  
  =@lawknowledge.org.)
  
  Leslie66 <member14032@lawknowledge.org.britishexpats.com> wrote in message news:<952579.1063034565@lawknowledge.org.britishexpats.com>... Originally posted by Brucie snip Basically is there anyway we can live together before we get married. I mean neither of us want to get married for the purpose of getting a visa, we want to get married because WE want to get married in our own time. snip Unfortunately, these laws were not established in order for lovers to "get to know each other". They were established to allow family members to live together in the US. A spouse is considered an immediate relative. So if you're not considering marriage ......... a student or work visa perhaps? Leslie
• Sun, 07 Sep 2003 07:12:00 GMT(8)
• OOops change the nouns on this response please. I reversed who is what
  citizen. Sorry.
  
  Originally posted by Rete
  No you can't. The US has immigration laws which you must adhere to.
  
  This is the US and not the UK. Different countries. Different laws.
  
  Marriage is the easier of the options and yes you must show to the BCIS that your wife (if you marry her in the UK) or your fiancee (if you plan on marrying in the US) will not become a financial burden on the US. You are required to show 125% of the poverty guidelines for a family your size (assuming here that would be a family of two - you and her). If you don't have employment, you can use assets but they must be 5 times 125% of the poverty guidelines. Or you can get someone to be your co-sponsor.
  
  Why would you have to place your life on hold? That doesn't make sense. Others who are perpetual students have done the I-130 or the K-1 and subsequent adjustment of status while still going to school to earn their Phd's or continued education.
  
  If your girlfirend has a degree in the appropriate fields she can attempt to get a work visa. Or perhaps a J visa where she can be something like a nanny for a year or two. There is no way for her to just cross the border legally and live in the US with you. Of course, she can do what you are doing, try entering the US and stay for the length of the VWP and then leave and the next time you go to the UK to be with her for 90 days and then her turn to play spin the country.
  
  Only if you choose not to burden yourself with the immigration processing. We make our own destiny. I don't believe it is predetermined.
  
  You are talking emotions vs law. No one can tell you who you can or cannot love. But as a citizen of the US you are bound by the laws in force at the moment concerning immigration. As you noted you have the option of obtaining leave to remain in the UK and continue living with your "love" with the sanction of her government quickly and easily. While you would still have to marry her, there might well be options under UK immigration that would allow you legal right to remain in the UK to pursue your degree(s) and love interest.
  
  Thanks :)
  
  Rete
  
  --
  Posted via http://britishexpats.com
• Sun, 07 Sep 2003 13:45:00 GMT(9)
• Also, if you decide upon settling in the UK, there is an excellent forum
  for American expats in Britain, and the (quicker, but still
  timeconsuming and paper-laden) process of immigrating...
  
  http://www.americanexpats.co.uk/
  
  -kate
  
  --
  Posted via http://britishexpats.com
• Sun, 07 Sep 2003 12:46:00 GMT(10)
• >I can't just go to the US and live with her can I?
  
  Just because you are British? No you can not.
• Sun, 07 Sep 2003 06:38:00 GMT(11)
• Originally posted by Brucie
  Hi there
  
  Wow isn't life complex. Ok I have a US girlfriend (i am English) whom
  I have been with for 9 months. Luckily due to my situation
  (inpedendent mature student) i have been able to spend quite a bit of
  the year with her. We did not meet on the internet and have been
  together. We have both met each other families and spent time together
  and we now would like to be together. We have over 1500+ emails,
  thousands of pounds of phone calls, 2000+ photo's togther. The whole
  thing. We are both in our mid twenties. Neither of us has been married
  before
  
  Now from what I read this is pretty much impossible.
  
  I can't just go to the US and live with her can I?
  
  No you can't. The US has immigration laws which you must adhere to.
  
  My example is, if she was from Manchester and i was from London, I
  would just move there and live with her and get a job. Easy.
  
  This is the US and not the UK. Different countries. Different laws.
  
  But my understanding or lack of is that, either
  1)We get married soon. But as I am a student supporting myself I have
  no documents from employers etc.
  
  Marriage is the easier of the options and yes you must show to the BCIS
  that your wife (if you marry her in the UK) or your fiancee (if you plan
  on marrying in the US) will not become a financial burden on the US.
  You are required to show 125% of the poverty guidelines for a family
  your size (assuming here that would be a family of two - you and her).
  If you don't have employment, you can use assets but they must be 5
  times 125% of the poverty guidelines. Or you can get someone to be your
  co-sponsor.
  
  2)Even if we did get married, I have to put my life on hold until the
  visa come? (which I would do, but it seems very unfair)
  
  Why would you have to place your life on hold? That doesn't make sense.
  Others who are perpetual students have done the I-130 or the K-1 and
  subsequent adjustment of status while still going to school to earn
  their Phd's or continued education.
  
  Basically is there anyway we can live together before we get married.
  I mean neither of us want to get married for the purpose of getting a
  visa, we want to get married because WE want to get married in our own
  time.
  
  If your girlfirend has a degree in the appropriate fields she can
  attempt to get a work visa. Or perhaps a J visa where she can be
  something like a nanny for a year or two. There is no way for her to
  just cross the border legally and live in the US with you. Of course,
  she can do what you are doing, try entering the US and stay for the
  length of the VWP and then leave and the next time you go to the UK to
  be with her for 90 days and then her turn to play spin the country.
  
  Does it mean that we are destined not to be together.
  
  Only if you choose not to burden yourself with the immigration
  processing. We make our own destiny. I don't believe it is
  predetermined.
  
  Please excuse my naivity in this. I though that when you love someone
  you can be with them irrelevant of nationality....I think I have been
  a bit dumb in this respect.
  
  You are talking emotions vs law. No one can tell you who you can or
  cannot love. But as a citizen of the US you are bound by the laws in
  force at the moment concerning immigration. As you noted you have the
  option of obtaining leave to remain in the UK and continue living with
  your "love" with the sanction of her government quickly and easily.
  While you would still have to marry her, there might well be options
  under UK immigration that would allow you legal right to remain in the
  UK to pursue your degree(s) and love interest.
  
  Thanks :)
  
  Rete
  
  --
  Posted via http://britishexpats.com
• Tue, 09 Sep 2003 11:33:00 GMT(12)
• Originally posted by Brucie
  Thank you all very much for you detailed and helpful responses.
  
  I have a few more questions (sorry!).
  
  Someone mentioned that if you live together for 2 years, you can come
  to the Uk without being married. My question is how do you live
  together for 2 years if neither of you can be in the same country
  without a marriage or fiance visa? or am I missing something.
  
  OK now my head hurts. I think the question is irrelevent to your
  situation, so I suggest we let that one go.
  
  Also the fact that I am currentl a student living at home, with out
  any evidence of income or my own home, would this have any effect on
  her coming to stay here?
  
  Your parents home? The consulate will need to see evidence of where you
  will be living. That's usually a mortgage statement or a lease. A
  letter from your parents confirming the above would be useful (or even
  necessary in this case)
  
  I do have evidence of savings which would be
  enough to support her. Also would her savings be evidence of her
  ability to support herself?
  
  Yes absolutely. That's what we used as well as my income
  information. The more the merrier. The purpose is to establish
  whether or not the foreign fianc/spouse will become a public charge.
  (ie claim benefits) The more savings you can show between you the
  better your chances of approval.
  
  Have you followed the links I posted in answer to your earlier question?
  
  Good luck - Tim
  
  --
  Posted via http://britishexpats.com
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