bmak

I am unsure if I am writing to the right department, but I would please ask that my enquiries be routed to the accurate one(If I am writing to the wrong dept). I am presently in England and just filled in an application to get my residential permit, it will take some time but at the moment the application is pending. One of the rules of the application states that prior to when the residential permit is issued, if I leave the country, then the residential permit (if issued) is void. I am presently here illegally and I have filled in for the application that entitles me for a stay, which is the 14years long indefinite leave to remain in the United Kingdom.

Presently I have a finance who is in California, and we have decided that it would be best that we stay together due to the fact that a distance relationship is not healthy. She has told me about the K1 Visa, which I am willing to follow up, so that we can start a family in the states.

We are about to start the processing of the K1 Visa application, but there are some few things that bother me and I would like to seek clarification on.

Do I need to return to my country of birth to process/be interviewed for the K1 Visa?
If I have to return to my country of origin/birth, will there be any issues in obtaining the K1 visa due to my illegality in the United Kingdom?
Is there any chance that I obtain the K1 Visa here in the United Kingdom when the time is right for me to visit one of your consulates and be interviewed?

I am willing to forfeit of my present application here in the United Kingdom, but at the same time, I do not want to get stuck in my country of origin, because I have no more family back home and I have not been there in more than 17years. I am very sceptical when it comes to going back because if anything goes wrong my life would be over and I would have lost in both ways. Please help me with these questions because they really bother me, as I want to be with my fiancé so much and at the same time I do not want to get stuck.

ian-mstm

No. Generally, if you are in the UK, you will be interviewed in London. If you are there illegally however you may prefer to return to your home country.


Probably not... unless you've been in the UK for more than 1 year, in which case you'd need a police certificate. Either way, you'll need a police certificate from your home country also.


Yes... there's a chance.

If I may, you should probably consult with an experienced US immigration attorney. Disclose everything to the attorney... don't hold back information. Your issues fall outside our general area of expertise... and we are not lawyers. There are several UK-based US immigration attorneys.

Ian

meauxna

You do not have to interview in your country of origin; my husband did not.
However, it is best if you get your legal permission to live in the UK sorted out before you interview, just in case.

You asked three questions that are all the same question, basically.

What is your country of origin? It will help you get better information if you just say so, as there are issues with getting documents from some places that others might help you with.

Has your US fiancee filed her petition for you yet?

bmak

My country of Origin is Nigeria. And no, she has not filled in the application yet, we are thinking of doing that sometime this month, as my skepticism and paranoid mood has not made us file it in for a while now. Thus, leading her to think maybe I am unsure if I want to be with her. Please help me! I really don't want her to think my mind is not made up to be with her. I am the one who understands the hurdles, hardship and divisiveness that is associated with immigration interviews. Some of them could even refuse one based on their judgment/fact that one has been in England illegally.

bmak

In addition to my reply, I have consulted from few people who say I have to go to my country of origin, whilst some on the other hand say they know of one or two people who never had to go to their country of origin (word of mouth). Please can you tell me about your husbands case? Year?? What he had to do, and any information that can help.

Thanks

ian-mstm

Is she aware of your current situation? If not, you need to tell her... and you need to tell her about "the hurdles, hardship and divisiveness that is associated with immigration".


If you know this to be true, then you need to sort out your situation in England first. If this causes your US fiancee to reconsider the situation, then so be it... but your current situation must be resolved if you're ever going to move forward.


Unless these people were immigration attorneys, they don't actually know. Our experiences over the years suggest that you do not need to return to Nigeria.

Ian

bmak

Ian

Am appreciative of your swift response and advice. The situation has become a dilemma because with the UK immigration/laws here in UK, I might have to wait till God knows when before a response is given, and if it is given at the end of the day, if not favorable, then regrets would set in! I would have lost the woman I love the most due to my fears!. Furthermore, I do not know this as a fact, I mean if I have to go back. I can say its just a spectrum of advice by word of mouth that I have heard/been given.

It is extremely difficult and will be heart breaking for me to let her go based on the fact that I want to finalize my status here. To be honest, if I let her go, I do not think I can find anyone like her again. Trust me! I adore this woman. sob sob

ian-mstm

I understand your dilemma... but you can't have it both ways. Either you sort out your situation in the UK and then more forward, or your fiancee files the I-129F now and you take your chances. I suggest that the only wrong action... is no action at all.


Have you ever read Desiderata?

Ian

bmak

Ian

I have just read it! All I can say is "wow" ! Its a really deep one! I will take ur advice on board and also make use of the script. Thanks again

Moonshadow_Girl

Just curious, has the OP and his fiancée met in the last two years per the requirements of the I-129F? I'm guessing that since the OP is an illegal alien in the UK, that the OP has not ventured to leave the UK since his entrance. Hopefully his fiancée has gone to meet him in these past two years.

bmak

Moonshadow_Girl

We have met twice within a year, she came to UK to visit me, plus she will be here next month as well for a week or so. I have not left the UK before and after her visit. I hope this helps. Any inputs will be greatly appreciated.

Thanks

chris23

Your situation is troubling as no-one should really have to go through these sort of hardships. But, if i'm being honest, you may struggle to get the Immigration Services on your side if you are already illegal in the UK. I would say your best option is to seek help from a professional immigration attorney, and also see if you can chase up the application for your UK immigration papers.

Heading_Baltimore

Hi Bmak, I knew of a friend in similar situation, but he used to live in Canada - Nigerian as well. His asylum was refused and had to sign every month at the police station - I presume that is the only difference between his and your situation, if it is at all.

He obtained the K-visa last year and is currently a holder of a greencard, albeit condition attached. Not sure if you can PM me.

ian-mstm

There are conditions because he was not yet married for 2 years when he received his GC. It's nothing more than that.


We actively discourage members to seek/give immigration advice via PM. In an open forum, mistakes, confusion, and bad advice can be cleared up quickly. I'll also mention that while bmak can PM you, currently, you will neither receive the PM nor be able to respond to it.

Ian

scrubbedexpat099

I thought you had to have ILR to be interviewed in London.

I am sure most Nigerians would prefer going through London to Lagos.

If he has weekly registrations then that means he has a deportation order but no documents. No documents would mean no visa to US.