Row

First of all i would like to say hi to the community of these boards as this is my first post here. Secondly i would like to appologise for the length of this post as i'm sure it's going to be a lengthy one due to wanting my entire point of view and current position known in order to get the best advice i can from anyone who can possibly help me or point me in the right direction.

Ok, where to begin...

My current position as it stands is i'm classed as disabled due to a neck fracture i had in a road traffic accident when i was 15. I'm now 24 years old and suffer from vertigo due to compression on my spinal cord. I got into the world of online gaming through my brother and a mutual friend of both of us. I'm not paralyzed and yes i thank my lucky stars for this but i have been left a little worse for wear due to it. To pass the time and get through the days i became an online recluse, i spent my days playing online games and kind of blocked out the outside world after losing my first love due to my illness.

For a number of years i did this and a few games later i joined an online gaming guild that was mainly American players due to playing on the American servers. Through this guild i met a woman in the United states who utterly swept me off my feet. For those who do not believe in online relationships let me be the first to say i understand fully and two years ago i would have agreed with you totally.

This happened in January of last year and as such the two of us have spent every waking hour together when we could online.

I am currently in the process of getting myself back into the workplace through a disability councelor in the UK but things arent looking the best.

Thats the basics of the situation and the rough version of my position.

Now for hers....

She has been married twice and divorced twice. Has three children and spent 10 years of her life working as a stripper to support her kids after being left as a single parent. She has worked as part of a security company and recently tried to work as a secretary but due to the attitude of her boss was forced to quit her job in favour of her boss's RL friend who she wanted to take my partners position within her company.

My partner lived in El Paso in Texas during her years dancing and owned her own home (It was a mobile home but none the less it was hers and was at the time her pride and joy).

The job eventually got the best of her and her first husband spent his time trying to gain custody of her first daughter purely on the basis of not having to pay child support even though he hadnt seen her for what was at the time 10 years (I think).

Her sister had moved away from El Paso to start a new job she was offered in an IT company which had a great salary. She moved to Kansas where she started the job and once there she asked my partner to move there with her for emotional support due to having nobody around her and needing family as a way of getting through the move away from home. She askd my partner to do this due to knowing she was having a rough time back home and wanting to get away from it herself.

My partner moved there after selling her home and due to her sister being in a job that was focused around computers it was natural for her to get into the world of online gaming. She bought a second computer and my partner used to use that to be ingame with her when she wasnt working. My partner was much like myself and used to use these games as a way of forgetting the outside world as she got over her second divorce.

It was during this time that we both became a part of the same guild in a game called "Dark age of Camelot" and got to know each other during the day when her sister was at work and i was at home alone trying to pretend i wasnt who i was and blocking out the fact i had been dealt the hand of cards i have by life.

My partner took all three of her children to Kansas to live with her sister and spent her days online alone while her kids were in school, untill we met and both of our lives took a turn for the better.

After about 4 months of knowing her, her sister lost her job and they were forced to live off my partners child support and savings she had from selling her home before the move to Kansas. The mone ran dry and the cild support fast became evident that it just wasnt enough to clear the bills and support 5 people and a household. After many interviews and job applications by her sister my partner took on the secretary job during the day that i spoke of earlier in this post, but it didnt go as well as she planned due to reasons i explained above.

The bills piled up and eventually my partner called for help from one of her other sisters to send her money so she could return home to start dancing again in El Paso so she could send money home to Kansas to her sister to pay the bills and to put food on the table for her kids while her sister took care of them in Kansas.

She did this around 2 months ago and we went from being online together all day to a phone call or two each day when she had the time to do so inbetween working.

We have always spoke of a life together and as such we had made plans for me to visit her last month (March) but it didnt go as we had planned. I got my passport i paid for my plane ticket only to find out that in January of this year the US had changed it's Visa policy for people entering the US.

I was told that before January you only needed a Visa to enter the US from the United Kingdom if you had been convicted of any crime and actually been to court. Since January of this year you have to gain a Visa even if you have merely been arrested for anything during your life whether you were convicted or not. Even if you were wrongfully arrested (Which was the case for myself) you still had to gain a Visa to enter the US.

For me to gain this Visa i had to gain a Data protection form from the british police force which lists anything they have on file for you and you take this to the American Embassy in London to apply for a Visa. This form takes 50-60 days to begin with and then the Visa itself after actually going for your interview in the American Embassy takes a further 6-8 weeks. I am still in the process of trying to gain my Data protection form to get this interview underway and as such i had to cancel my flight and the pressure was then put on my partner to be the first to travel.

She got her passport about 2 weeks ago and is classed as an American citizen which means she does not need a Visa to enter the UK. She has never been arrested for anything in her life so to the best of my knowledge she is pretty much good to go when the tickets are paid for. If anyone has any info at this time that i should know about for when she comes to visit me it would be much appreciated also. I have been told that she may be turned away if she does not have a specific amount of money in her bank account when she enters the UK and i understand why they do this but again if anyone has any info on this it would be greatly appreciated because it was very hard for us to get the funds together for this visit and we really do not want it to be a waste of time and have her turned away over a minor complication such as funds in the bank when she enters the UK.

Here is where my fears lie and i'm very worried about the kind of information i have been reading on the government websites about immigration into the UK etc.

We have been told by the Citizens advice bearua that in order for her to become a british citizen she first needs to find a job in the UK. How she does this without living here i know not and is also another question i'm looking for answers to. After doing that we are told that the company needs to file for a work permit for her to work here and she can then come to the UK for a limited time to work.

As you will see from my explanation of her life to date above she has very little work experience out of being a dancer and as such a work permit seems an impossible task for her to gain.

I have been told about applying for an Auxillary(sp) nurse job within the NHS to gain a permit and we have also been told about such things as being married within the UK and being granted a green card to be allowed to stay here with me in the UK.

If i'm honest the fact she can visit get married and be granted the right to stay here seems very very very un-realistic and i'm sure there is far more to it than that. I have no idea about the whole immigration process, i have no experience with it and want to do this right so when we make a life together she has the right to be with me in this country and we do not have to worry about her being taken away back to the US because we did things wrong or un-lawful.

My financial situation isnt the best and all i seem to read and be told is i need to practically be rich to be allowed to have her come be with me. All the work permits seem to be aimed at jobs in nursing that take many many years to gain that kind of training to get in the first place to even consider applying for a work permit to start the long battle of us being together.

She is not a free loader, she has worked very hard during her life and is at this moment asleep alone in a hotel room after working a 12 hour shift. She wants to be someone she desperately wants to change her life for the better and lies all her motivation on the way i have treated her and the new found attitude to life she has because of me.

My fear is meeting her this month and finally getting the chance to see what it is we are being denied by being apart. I do not want to do that only to be told we can never be because of such a difficult situation we have been put in. To lose her would be a killing blow in my life as it is and to lose her after knowing what it feels like to hold her at night would surely destroy me and her.

Continued below.

Row

I'm begging for help, i'm holding desperately onto hope and look for some advice on how i can possibly make her a part of my life for good. She is willing to go to school, i'm willing to put my illness aside to work and support her but my work prospects are not good at all given my lack of experience in the work place because of being i'll since i was at school in my teens untill now at the age of 24.

My partner is 34 years of age and i know an older female partner is in general frowned upon but is but a tack in the coffin lid compared to the hardships we have already been through because of the negative attitude of others around us toward our current situation.

I'm asking for genuine advice and i'm also asking for a truthful point of view from someone / anyone who knows what they are talking about. If it is impossible for us to be together do not fear to say so because we really need to know for sure before we begin this long road to being together.

What are our options? Can we marry and go from there? Does she need an extensive education for a work permit or are there training classes / jobs she can do instead?

From a very worried and ever hopeful british citizen trying to make a life with his one true love.

We need help!

<Prays to god it's out there>

Thanks in advance, once again sorry for the long post and any replies will be greatly appreciated.

Scott.

JayJay

http://www.ind.homeoffice.gov.uk/

Try following this link, it should give you all the info you need on immigration

AndrewR

This is what I think, but I'm no expert in this, so don't take it as gospel....but as I understand it, if the marriage is genuine then she has the right to live in the UK with you. Because of the some-what unusual way in which you met how-ever you may have some convincing to show the authorities that your relationship is genuine...I have no idea of how this works in practice, and how this might work in your case, but basically anyhting you could show to prove your relationship is for real would help.
You might want to check where she would stand if she came over with the intention of marrying....
If she was living here with you, married, then she would have the right to apply for the right to work. I think that she would probably be given a twelve month provisional visa, and she could then apply for any position...how long the application would take to process i have no idea. After that twelve month period you could then apply for a permanent working visa.
To repeat...this is what I think, but I'm no expert, so please don't take it as 100% accurate, check for yourself.

www.ind.homeoffice.gov.uk

Good luck

Row

Thank you for the replies. They are much appreciated...

In reply to AndrewR's post...

You say that i should see how she would stand if she came over with the intent on marrying. Do you mean we would have to admit the intention of her entering the UK and see if she was allowed to do so to gain the right to live here with me. Who would i ask about this? Would she just make a point of having the intention known to the immigration officers when she enters the UK or am i barking up the wrong tree on this one?

Also you state that if we were to be married she "Would" have the right to live here. I'm unsure on how that can be so simple and do not see how the simple fact that we were married in this country on her visit gives her the right to live here permanently. If you could explain this a little more it would be greatly appreciated as i'm 100% clueless on this and really don't want to do anything to jeoprdise her chances of staying with me or make her first visit impossible for any reason.

Lastly you say if she was living with me and we were married she would have the right to apply for a work permit and then apply for a permanent right to work. Again this is taking a huge jump and does not explain how we would go about living together, being married and gaining the right for her to stay here with me.

From what i have seen from the government sites and citizens advice, we are told to do things in reverse. ie) Get a job, get a work permit then work on marriage / being together.

I'm sorry to pick your post apart and the info was a great help and sheds some light at the end of the tunnel which was truely needed at this point in time... I'm just unsure on how i should go about the things you have mentioned and who / where i should be asking the questions (I dont want to say the wrong thing to the wrong person at this point in time).

AndrewR

OK....as before this is what i think, but i'm not 100% on it.
As to entering the uk...as you said I'm not sure if she would have to admit her intentions to the immigration officers at the airport, and how that might change the possibilty of her entering the country but I would seriously suggest that you find out beofre she catches any flights! (ie if you were thinking about marrying, and not just her coming over for a visit)
As to whom you could contact...for immigration enquiries try phoning...0870 606 7766....probably have to wait forever to speak to some-one, but could work. Otherwise if you look through the web-sites posted earlier I'm sure they have other numbers/addresses you could contact with your specific enquiries...
You said you already tried the citizens advice bureau?
As to some of the other points. I'm pretty sure that if you are legally married, and can show/convinve people that the marriage is kosher, then your wife would have the right to live in the Uk. You would of course have to claim that right...ie go through the paperwork, and I have no idea how long that takes, or if there is any way you could shorten the period by preparing the ground before she came over. again...try contacting the home ofice/immigration dept. As to the actual mechanics of the process eg applying/how long it takes...sorry but I have no idea. Once again can only suggest you contact the immigration people...look at the web pages, there's telephone numbers/addresses that should help.
Sorry I can't help more but good luck and stick at it...

Englishmum

You might like to post your questions on this website:

http://www.americanexpats.co.uk

(They have different boards, the forum you want is the one for visas & immigration). There are quite a few Americans who moved to the UK to marry a British citizen and have settled there. Perhaps they can advise.

JayJay

I don't think the process of getting married is a great problem, especially as your girlfriend has the right to enter the UK initially without applying for a Visa.
You could get married during her visit and then it is a "Fait Accomplit"
She will probably be given a multiple entry visa for 12 months, then she will need to apply for "an indefinite leave to remain in the UK" If the marriage is sustained for at least 3 years she will be eligible to apply for British Citizenship.
During this time she will have the right to work.
One thing to be careful of is if she decides to study during this time she will be eleigible to pay Tuition Fees at the rate for Overseas Students which is about 6 times higher than for a UK National.
Hope this helps

Vicky88

Just want to add one thing, even if you marry whilst your GF is visiting you in the UK, it is not possible to adjust status while she is in the UK.

She will need to return to the US and apply for her visa at her local consulate. This should be issued in a rapid fashion once they determine that your marriage is bona fide and she will be given a 1 year leave of entry to the UK. After that year she applies at the Home Office and should be issued an indefinite leave of stay if you are still married.

Row

For those who have replied you are such an immense help. I thank you from the bottom of my heart because you have given me hope where i had fast started to lose it.

As for us still being together once the visa is given and due to expire, i have no doubt in my mind that we still will be.

I'm sorry to sound soppy / mooshy but she is without a doubt the love of my life. Even to this day and never having held her in my arms i know she was born to be with me. I would do anything to make a life with her and i'm so grateful for the replies i have been given here as it puts a ray of sunlight at the end of a very dark tunnel for us both. I have been relaying the info from these forums to her since the time i first made the post and i'm glad to see something positive is finally coming through for us.

One thing i am worried about is the financial side of things. She doesnt have a career waiting for her here but she is willing to work / train from the day she arrives to fulfill that requirement is it is so.

Also my own financial situation due to being classed as disabled isnt the best and to be honest i have been told that in order for a partner outside of the UK to be granted permission to live here they have to have specific funds to support themselves and the british citizen is not allowed to claim any kind of benefit, which at this time i am (Income support and 100% incapacity benefit).

All that said and done and please let me appologise again for this, but it all seems a little easy after going through so many web sites these past few months only to be told... Marry her while she is here, let her go home and apply for a visa (You didnt specify which type) and then she can come here for 12 months and after such time apply for british citizenship.

Surely there is something missing from all this? Is there anything i should look for and be prepared for or brace myself for ?

I'm also worried that if she visits me and we do get married that they will refuse her the right to stay here accusing us of abusing the system. Basically turning around and telling us you are only married so she can stay here and refuse to accept that we did it because of the love we feel for each other.

For the record i do not expect to marry her the first time she is here. I expect to go back and forth a number of times before this finally comes up but i wanted to know if given our situation posted above whether it was a lost cause as the pain of going ahead with this only to be turned away would be un-barable.

Vicky88

Visa after marriage is an Entry Clearance granted to spouses of UK citizens. You should be aware that she will not be entitled to any use of public funds, ie. no unemployment, no training assistance. If she tries to do training courses at the local college she will be classifeid as a foreign student and charged accordingly.

She does not get UK citizenship after 12 months in the UK. Not sure what the time frame is, believe it is more like 5 years and she msut be resident in the UK at that time. I suggest you check out the website the first respondent gave you as that will clarify everything for you.

Row

Once again, thank you... The posts have helped a lot...

I never thought this would be so difficult but i understand why it is. It's such a daunting task and to be honest we are both finding it hard to know where to begin.

Even after the posts and going through numerous websites and forums i still have no idea which would be the best / most realistic road for us to travel in order to be together.

From what i have seen it should be something along the lines of.

Meet initially , she goes home and i then travel to visit her in the US. Make the choice to be married and set a date for her to come to the UK to do so. Before doing this i think we have to apply for a fiancee visa then go ahead with the marriage within the UK. Have her once again return home and then apply for a spouse visa to enter the UK for a total of 12 months maximum during which time we file for a permanent right to abode. After three years of married life she can then apply for british citizenship.

If i have this wrong or have missed anything out could you please let me know as i'm still on a learning curve and cannot stress enough that i want this to be correct and lawful. I also want to know if this is considered abusing the system and in doing so would i jeopordise anything in regards to our plans on making a life together here in the UK.

I would like to know if doing it the way i have said or just getting married and then applying for a spouse visa would be a better option for us to persue and are there any hidden complications involved with the proposed plan i have set myself out to do?

Many thanks in advance.

MrsLondon

If she gets the fiance visa before entering the UK to marry you, she will not need to return to the US after marriage in order to get the spouse visa (though she CAN do so but only really worth it if she goes to New York, LA or Chicago, as these are the only British Consulates that issue these kinds of visa. That is also where she will apply for her fiance visa. It does not HAVE to be in person. She can get the visa on the same day if all her paperwork is in order, but by post it takes just a few days, again if everything is there).
The way I see how your plans should go is this
1) Meet and decide if you want to be married (you have to have met each other for a fiance visa anyway).
2) She applies to NYC, LA or Chicago Consulate, depending where she lives. She needs the completed forms, which you can download from the home office website; 2 passport size photos of herself, letter of support from you (if you do not accompany her in person) stating you intend to marry and support her, her passport, your passport, proof of your salary ie bank statements or wage slips, or her bank statements. Try not to have less than £1000 on her bank statement, proof of your accomodation ie mortgage statement, rent book etc, proof that wedding is booked, like provisional booking at the registry office, plus fee (currently £250 I think, in UD $- about $400). Proof of your engagement wouldn't hurt too-photos together, engagement ring receipt etc. If either of you've been married before you'll need your divorce papers too.
3) She flies to the UK with her visa in her passport
4) You marry
5) She applies for FLR (Further Leave to Remain-the spousal visa). The FLR is now 2 years, and she can work. She applies through the IND in Croydon either in person or by post--can take a few weeks. In person-get there at 6am no later, same day. I feel applying in person is much better as you can start working straight away. More than makes up for costs involved eg train fare or hotel.
6) After 2 years she gets ILR (Indefinite Leave to Remain). Like US Permenant Residency
7) After another year ie 3 altogether, she can apply for British Citizenship. Not obligatory of course.

Incidentally, you CAN still claim YOUR benefits. You just cannot claim any extra for her.
E-mail me if you want any further help. Been through it all to get my US husband into the UK.

Tebbie

Hi Row,,
Mrs London has it pretty much spot on.

First off,, been there and done that,, I met my husband online where we met playing trivia games on an old chat client, became friends, etc. He came to the states to meet me and for us to see if what we felt from a distance could possibly be real, (it was) and from there we went on the journey of wading thru all the red tape to be together.

Now, if she applys for a fiancee visa, you will need to provide proof that you have met in person, photos etc. These are very important. The Home office require that proof, as well as the usual, phone bills showing you have talked regularly, any letters, etc, financial statements. She will need to apply at the British Embassy, in LA most likely, and it can take about a month or two,, but it's much faster than US immigration.

If she enters the UK without a fiancee visa, and when asked her reason for being there, if she says she is there to marry, she will be turned away. This nearly happened to me. Before we applied for my fiancee visa, I came to the UK to be with my fiance for the allowed 6 month time period for a US citizen to visit. Upon entering (ok, I was very much in love and ignorant at the time) I said I was coming in to see my boyfriend and that we were planning our wedding. BIG MISTAKE! I don't want to see anyone else make that mistake too.

Once you receive the fiance visa, you have 6 months to marry, and about two weeks before that 6 months is up, you must go to the Home Office to apply for her to stay for 12 months (FLR) before she can apply for indefinate residency. Once she gets her 12 month visa (FLR) she is allowed to work.

(Unless something has changed since I went thru it, which wasn't that long ago,, Mrs London quoted 2 years before needing to apply for Indefinate Residency,, so I would check the current situation with the Home Office to be sure).

this from Home Office , requirements for spouse or fiance to stay

You can apply for the indefinate residency by mail, but we still went to Croydon in person to be safe. It's not fun, but it was worth it in the long run. I got my indefinate residency just a few months ago, in January.

We arrived there at 6:00 am, and gained entrance around 9:00, only to be told we would not be processed that day, and if we wanted it to be processed the same day, we would need to be in line around 4:00 am! So two days later, we basically camped out in order to be inside right when they open the doors.



I wish you both luck

MrsLondon

They have only recently (ie from April or May) changed the FLR to 2 years, I suppose to weed out fake marriages.
It is true you should bring proof of your relationship--ie photos, e-mails etc. However, we never were asked for any proof of our relationship. I think because the US is a wealthy country, there would be few people who would fake a marriage for economic reasons. With poorer countries that might not be the case. However, do take proof with you just in case. Not tons of stuff, but a few photos of the two of you, and a few print-outs of e-mails, engagement ring receipt etc.
It should take only a few days, not weeks to get the visa through if everything is in order. At least, for my husband it did.