jojok7

Good afternoon everybody. 1st may I point out how friendly you all seem and from what I've read in other posts very very helpful.

Ok down to my question.

I met a girl who was a U.S citizen in Aug 05 via the internet. Nov 05 I went to visit Houston Texas on a 1 week stay. Then Jan 06 for another 1 week to spend my birthday there. In March 06 she came over on a 1 week stay. May 06 I went out there on a 1 week stay. Then in June 06 she came over for 2months June to Aug. And myself going out to Houston for a month Sep to Oct 06. While out there I proposed to her and gladly she excepted. Then in Nov 06 she applied for a 6 month visa but made a mistake on the form and was declined for a visa all because of that 1 mistake. Then in Jan 07 she was coming over to stay for your max stay of 90 days without visa. When checking in at Gatwick the failed Visa flagged up on the computer where she was questioned and due to the fact she was scared and frightened of not being allowed in she said that she was here visiting friends and of course when I was asked I said we were engaged. This led to many more questions and her being allowed into the country for only 3 days. All her documents and passport were kept at the airport. The grounds for refusal were they thought that she would not leave after the 90 days we'd get married and she'd live here illegaly. So after 3 days I returned her to Gatwick and off she went. During 07 I visited Houston a bunch of times and at the end of Sep 07 we broke up as she couldnt stand saying goodbye and not having me for up to 10 weeks at a time.
Ok so fast forward to toady. We have kept in regular contact and speak quite often but lately the subject has come up about giving us another go.
She'd prefer to come here as she doesnt have much family and she feels that she would be better off here in the U.K as it would be a better life and I have very supportive friends and family. She may be looking to come over in Oct when the lease on her house is up. Just for a month or 2 before maybe 1 day going to the whole marriage road.
So what would happen if she decided to give us another go and ventured over for a visit and what could we expect at passport control? Is there anything we need to do before the trip? And as it will be coming up on 3 years since her being refused and sent home will this be wiped from the record? Someone said it only stays on 6 months?
I'd be greatful with all advice and answers so we have a clear idea and of what we need to do so we know and this will relax her and maybe sway her more to coming over and giving us a go. As I feel at the moment she doesnt want to as she's petrified of this happening again. So any help would be amazing as to be honest this girl is the love of my life and I'd give anything to have her back and hope 1 day for the rest of my life.

Many Thanks.

daisy

Ask this question at http://www.uk-yankee.co.uk. They are the people to talk to about getting into Britain.

crg

"due to the fact she was scared and frightened of not being allowed in she said that she was here visiting friends"

She squandered her credibility by making false statements at the border. I wouldn't expect them to believe her story in the future. I'm not as familiar with UK law and I am with US, but I doubt they'd consider letting her in, especially without a visa.

Others who suggest using the "just on holiday" or "just visiting a friend" method should take note of what can happen.

I'd suspect that it is still on her record. If she can't get a visa, she should not attempt to enter the UK.

jojok7

I clicked the link and its like a domain site with just ad's and other websites on it.

fatbrit

The original url someone gave you was wrong. Correct one below:

http://talk.uk-yankee.com/

jbfaust

I can't answer what would happen if she simply bought a plane ticket and took her chances at immigration in the UK. Having a visa in hand when she goes through immigration ensures that she will not be turned away at the border. I also can't answer whether she is qualified for a visa based on what happened.

Generally, a finance can get a visa to move to the UK with the condition of getting married within six months. This might give you guys sufficient time to figure out if things are working. However, she can't work until you are married:

You will be allowed to stay in the UK for six months but without permission to work. When you are married or have registered a civil partnership, you can apply to the UK Border Agency for a two-year extension to your visa. When you do this you will be required to pay a non-refundable fee and provide certain documents as specified on the UK Border Agency website: Form FLR (M) and guidance notes. If your application is granted you will be allowed to work. Before the end of your probationary two years Further Leave to Remain (FLR) you will need to apply to the UK Border Agency for Indefinite Leave to Remain (ILR) in the UK...

Here is more info on marriage based visas to the UK: http://www.ukvisas.gov.uk/en/howtoap...vespartners#Q1

Here is where you apply for a visa: (online)
http://www.visa4uk.fco.gov.uk/ApplyNow.aspx

On a timing note, a year ago when I got a visitor for marriage visa, the whole process took less than a month and they were very accommodating to the dates I gave them about my plans to travel and wedding date in terms of what dates the visa was valid for.

Again, I have no idea how her denial effects your eligibility. I have had my share of run-ins with immigration at Manchester and Heathrow airports, and even once left the country for a day to re-enter as a visitor when my visa was about to expire. This didn't affect my visitor for marriage visa, but then again I was never denied entry and I never mis-represented my intentions. Perhaps you should consult a lawyer.

jojok7

What is it they'll be looking for from my side to maybe make our chances better of this being granted? And if we go for the spouse visa will the fact we have not seen eachother since 07 be a problem seeing its 09?

meauxna

This group has limited experience with US-->UK immigration; the uk-yankee site discusses it in depth.

penguinbar

You really need to go on UKYankee for your questions to be answered. This forum is for people immigrating to the US. Also have you thought about going for a consultation with an attorney in the UK ? Also look at the link that jbfaust posted for UK spouse visas.

ian-mstm

No it doesn't.

Ian

Just Jenney

You mentioned that she applied for (and was denied) a "6 month visa" so she could visit you in the UK, but those entering the UK on the VWP are allowed to stay up to 6 months anyway. So there was no need for her to apply for a UK tourist visa in the first place, provided that she only intended to stay for up to 6 months.

For this reason it's probably a good idea for you two to thoroughly research her UK visa options and make sure you know exactly what visa she'll need to fit your plans (long-term visit, marriage, etc).

~ Jenney

lansbury

If you have a visa to enter the UK, the UK Immigration Officer cannot refuse you entry unless he has solid grounds to show the visa was obtained by fraud, deception or other illegal means. If you have a visa it entry is as good as 100% for all practical purposes.

This was changed some years ago while I still worked in the National Ports Office, so sometime from 2002 - 2006

crg

So Ian was correct. The visa doesn't ensure entry. If they develop solid grounds, they can deny entry. Where is the disagreement?

lansbury

I was pointing out now it is not just on the whim of the immigration officer thinking you may not abide by the conditions, they have to be able to prove certain things before they can refuse.

If you obtain the visa properly then it is 100% certain you must be admitted to the UK. So the disagreement with Ian's comment is just that. If the visa is correctly obtained, and we have no reason to suggest it wouldn't be the person referred to in this thread must be admitted to the UK. Ian's comment can be taken to read that it is at the discretion of the I/O it isn't they don't have any discretion now. That is the disagreement.

crg

If you obtain the visa properly....

Have you ever heard of the saying: "If my aunt had b*lls, she'd be my uncle" ? Admission is either guaranteed with the visa or it's not. Once you throw in the first "IF" then it's not guaranteed.

To whom does the passport control officer have to establish the fact that the visa was improperly issued or obtained?

Who reviews the findings?