Hanesman

I am an international student (US) in the UK with my British fiancée.

Due to our recent engagement, her parents have strongly and ignorantly conveyed their severe hatred and disapproval for it and have subsequently decided they no longer wish to support her financially.

As a result, because her student loans are dependent on her parents' income, she has been forced to resort to going to the university for financial assistance because of what would be her inability to afford tuition and rent.

She is awaiting a response regarding her grant but we want to be prepared for the worst. If she is not approved and receives no money, she will have no choice but to withdraw from her programme.

Seeing as how she will have no place to live upon her withdrawal or any financial means to support herself or pay her rent, what are her (and, ultimately, our) options?

She and I have plans to travel to the US over the summer to visit my family but are unsure if there is the possibility of returning to the UK. Furthermore, to make matter worse I have currently withdrawn from my university programme and will have 60 days to leave the country once I hear back from UKVI. This isn't an issue as we will be leaving in late May regardless.

As a result of my withdrawal, my hopes have been left with applying at another university here in the UK which would allow me to stay, assuming my fiancée receives her grant.

But regardless of what happens, my fiancée has passionately stated that she does not want to remain in the UK at university if I am unable to return with her after the summer. She will have no emotional or financial support and seeing as how we have plans to permanently move to the US next year as a married couple, us being apart and her being alone would further worsen our situation.

I kindly ask what options does she have in order for her to stay with me (my parents actually) should she be forced to withdraw and basically be rendered broke and homeless?

Are there any special/extenuating circumstances which would allow her, as my wife, to stay with me and my parents as she would no longer be in school, have no money, and no parents to provide accommodation?

Noorah101

No, USCIS does not take into account cases like your fiancee's for special favors or faster processing.

She can visit the USA using the VWP for up to 90 days, spending more time outside the USA than inside. Other than that, you can start the K-1 process now, and then in about a year, you can move to the USA together in order to get married and stay in the USA. If you want to stay in the UK with her during the K-1 process, you need to find a legal way to do that.

Rene

Nutmegger

You can marry immediately and start the spouse visa process so you can both live in the US. While she waits for permission to enter the US, she can take employment to support herself if the grant doesn't come through.

Noorah101

She could get a job and live with a friend until her K-1 visa is done... just a suggestion.

If you marry immediately and are still able to file the I-130 directly to London, the CR-1 process may be quicker, maybe 8 to 10 months.

Rene

civilservant

Essentially none. Any visa processing will take a year or more, either K1 or CR1.

And no she cannot wait in the US while her visa is processing.

Hanesman

She has no friends that would be able to offer that.

And no disrespect but no one seems to understand she will have no place to live or any financial means of supporting herself so what is she meant to do?

Hanesman

I mean... who's gonna find out though and what are the chances she's caught? I'm not advocating for this but at this point it seems like the worst case scenario and may be our only option of staying together. We spent enough time apart at the beginning of our relationship as we were a long distance couple and we prefer not to do it again.

And why is it important she remains in the UK for the visa to process? She'd still be flying to the US regardless and staying with me and my parents.

Hanesman

Can I ask if you have any idea how? I was told by the Tier Visa representatives at the university that I could stay via the fiancée/spouse visa route. But I have no idea how considering I also would have no place to live and no way of financially supporting myself. The requirements seem too confusing.

civilservant

Wiling to risk a ban from the US for her? Unless you're a fool, the answer should be no. Not to mention that a VWP overstay will complicate her visa application.

Boo. A good percentage of us here did exactly this, delayed gratification is the hallmark of a adult. Children want it now now now.

Because until the visa is granted she has no legal right to live in the US. She can visit, but that it all.

Frankly, I can understand why the parents are not supportive if this is your general attitude. You have no idea how the world works, and trust me, hopes and dreams do not put food on the table. If it requires you being a year apart in order to spend a lifetime together, that is a sacrifice you should be willing to make if you are mature. By your own admission you have no income, no degree, and no where to live.

Hardly the best start for a husband and wife.

scrubbedexpat099

Getting married now and filing at the London Consulate would be the quickest option.

K1 means she will not be able to work for a long time after arriving in the US and is more expensive and longer overall.

Gets a job, you/your parents support her?

Noorah101

Unusual situation, for sure. I'd say most people have a least one family member or friend that would let them stay with them in a pinch like this. I'm sorry to hear she does not.

We do understand this, but it doesn't change immigration law. Let's assume she didn't know you at this moment. What would she do if she were in this situation and didn't know you? Although I don't advocate it, I suppose she could lie to her parents and tell them the engagement is off, to get back into their good graces until such time as the visa is ready.

Rene

Noorah101

It's illegal to enter the USA as a visitor with the intent to remain and adjust status. Knowing that should be enough to make you not want to go this route. If her AOS gets denied, it could mean a permanent ban from the USA.

Not even for the sake of spending the rest of your lives together? Many, many of us on here have spent a year or more apart from our loved one so that they could immigrate legally. We survived and you will, too.

She doesn't have to remain in the UK, but she can only remain in the USA for as long as her VWP allows, which is 90 days at a time.

Rene

Noorah101

You mentioned getting accepted back at university, I'd say that's a good way. With her not having any income, you wouldn't be able to go the fiancée/spouse visa route to live in the UK. As a USC, you are allowed to stay up to 6 months without a visa, though, so that covers a lot of the time waiting for her CR-1 spouse visa. You could get married ASAP, file the I-130 to the USCIS field office in London, and remain as a visitor in the UK for 6 months. That only leaves you with a few months apart until her visa gets approved. Totally doable. You'd have to make sure you can get a financial joint sponsor since you won't have any income and probably no savings to use. But if your family approve of the relationship, they'd probably help you with that.

Rene

civilservant

Rene you should have left that one up, I can fend for myself

OP - despite your protestations to the contrary, actions speak louder than words. Everyone thinks their case is special. Trust me, it isn't. Immigration is designed to fit the needs of the country, they don't care what you want.

No one here is going to advise you to break immigrations rules, and there are no short cuts. You either accept that and actually move forward, or continue to spout the entitled attitude that you have thus far. It isn't going to get you very far.

Hanesman

Yes. It was just an unfortunate and stupid thought. Obviously I won't risk her being banned from the US.