overstaying on a vias
Oct 28th 2003, 11:34 am
#1
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Joined: Oct 2003
Posts: 1
overstaying on a vias
i am a british citizen uk my partner has overstayed on his visitors visa by approx 2.5 years. Right now we are ready to get married but i don't know if we will be permitted to do so as he has overstayed. Currently his passport has been misplaced but he has a full uk driving license which will enable us to get married on. He also has a NI card and has been paying national insurance and taxes.
What i wanted to know was if we could get married and once that was done, apply for a new passport and give our details to a lawyer who will process everything for us.
As his original passport has been misplaced although his new passport will be blank, the home office will have his details to show the date of his entry which will prove that he did not come in as an illegal citizen.
Kind regards
What i wanted to know was if we could get married and once that was done, apply for a new passport and give our details to a lawyer who will process everything for us.
As his original passport has been misplaced although his new passport will be blank, the home office will have his details to show the date of his entry which will prove that he did not come in as an illegal citizen.
Kind regards
Oct 29th 2003, 12:43 pm
#2
Joined: Aug 2002
Posts: 4,082
Re: overstaying on a vias
Originally posted by london
i am a british citizen uk my partner has overstayed on his visitors visa by approx 2.5 years. Right now we are ready to get married but i don't know if we will be permitted to do so as he has overstayed. Currently his passport has been misplaced but he has a full uk driving license which will enable us to get married on. He also has a NI card and has been paying national insurance and taxes.
What i wanted to know was if we could get married and once that was done, apply for a new passport and give our details to a lawyer who will process everything for us.
As his original passport has been misplaced although his new passport will be blank, the home office will have his details to show the date of his entry which will prove that he did not come in as an illegal citizen.
Kind regards
i am a british citizen uk my partner has overstayed on his visitors visa by approx 2.5 years. Right now we are ready to get married but i don't know if we will be permitted to do so as he has overstayed. Currently his passport has been misplaced but he has a full uk driving license which will enable us to get married on. He also has a NI card and has been paying national insurance and taxes.
What i wanted to know was if we could get married and once that was done, apply for a new passport and give our details to a lawyer who will process everything for us.
As his original passport has been misplaced although his new passport will be blank, the home office will have his details to show the date of his entry which will prove that he did not come in as an illegal citizen.
Kind regards
You say that after your wedding you will be giving everything to a lawyer! Why not consult with one before hand just in case?
I would want to be informed just for the peace of mind and nothing to worry about on my wedding day!
Congratulations! -- Brigie
Oct 31st 2003, 3:06 am
#3
Joined: Dec 2001
Location: Dixie, ex UK
Posts: 52,448
Re: overstaying on a vias
Originally posted by london
i am a british citizen uk my partner has overstayed on his visitors visa by approx 2.5 years. ....
i am a british citizen uk my partner has overstayed on his visitors visa by approx 2.5 years. ....
The one thing that your financé/ spouse must NOT do, UNDER ANY CIRCUMSTANCES is leave the US before he has his status regularized. If he leaves the US he will be exposed as having overstayed his visa, and he will be banned from re-entry to the US , (for three years I think), and the fact that he is married to a US citizen will not make one jot of difference!
Oct 31st 2003, 3:38 am
#4
staying around
Joined: Jul 2003
Location: In peace
Posts: 2,328
Re: overstaying on a vias
Originally posted by Pulaski
As long as he arrived legally and is eligible to regain legality (oresumably after marrying you it is possible for everything to be worked out with his visa/ residency status. ... And I'd recommend using an experienced immigration lawyer to help sot out the mess.
The one thing that your financé/ spouse must NOT do, UNDER ANY CIRCUMSTANCES is leave the US before he has his status regularized. If he leaves the US he will be exposed as having overstayed his visa, and he will be banned from re-entry to the US , (for three years I think), and the fact that he is married to a US citizen will not make one jot of difference!
As long as he arrived legally and is eligible to regain legality (oresumably after marrying you it is possible for everything to be worked out with his visa/ residency status. ... And I'd recommend using an experienced immigration lawyer to help sot out the mess.
The one thing that your financé/ spouse must NOT do, UNDER ANY CIRCUMSTANCES is leave the US before he has his status regularized. If he leaves the US he will be exposed as having overstayed his visa, and he will be banned from re-entry to the US , (for three years I think), and the fact that he is married to a US citizen will not make one jot of difference!
why won't he be allowed in the us. the way i read it he is in the uk and has overstayed the visa for the uk.
Oct 31st 2003, 1:41 pm
#5
Joined: Mar 2003
Posts: 68,280
Re: overstaying on a vias
Originally posted by candy wy.
why won't he be allowed in the us. the way i read it he is in the uk and has overstayed the visa for the uk.
why won't he be allowed in the us. the way i read it he is in the uk and has overstayed the visa for the uk.
Nov 1st 2003, 11:50 am
#6
Joined: Dec 2001
Location: Dixie, ex UK
Posts: 52,448
Re: overstaying on a vias
Originally posted by ray6
OOOPPPs your right Candy...I wonder why they posted it under US immigration ..... may be better posted here http://britishexpats.com/forum/forum...?s=&forumid=61
OOOPPPs your right Candy...I wonder why they posted it under US immigration ..... may be better posted here http://britishexpats.com/forum/forum...?s=&forumid=61
