# UK Fiance Visa for US citizen



## Sunderland (Aug 19, 2010)

My girlfriend is from the USA and is currently 20 years of age, she isn't 21 until August next year. We've been seeing each other via visits for a while now and had been discussing her relocating over here.

I've recently found out she is pregnant with my child. I know I have to wait until she is 21 for her to get a fiance visa.

Is it possible to apply for one in advance of her 21st birthday, maybe a month before?

Also, with regards to her visiting here before her 21st (with the baby once born) - will she have any problems entering the country with the baby for a few months before returning to the USA to apply for a fiance visa?

Thanks in advance for any help.


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## Joppa (Sep 7, 2009)

Sunderland said:


> My girlfriend is from the USA and is currently 20 years of age, she isn't 21 until August next year. We've been seeing each other via visits for a while now and had been discussing her relocating over here.
> 
> I've recently found out she is pregnant with my child. I know I have to wait until she is 21 for her to get a fiance visa.
> 
> ...


Yes, she can. The stipulation is that she cannot enter UK before she is 21 on her fiancée visa, but she can apply before she has turned 21, up to 3 months in advance - just state on the application the expected arrival to be on or after her birthday.
Visiting before she gets her settlement visa is possible, but she will have to meet all the conditions for a visitor. It means return ticket, adequate funds, reason for returning to US (such as job) and rough itinerary for her visit. The border agency staff may suspect she is coming to live with you illegally (overstay), so she will need strong documentary evidence to support her intention to comply. But she could still be turned away.
It will probably be easier and less risky for you to see her in US until she is ready to apply for her settlement (fiancée) visa.


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## Sunderland (Aug 19, 2010)

Joppa said:


> Yes, she can. The stipulation is that she cannot enter UK before she is 21 on her fiancée visa, but she can apply before she has turned 21, up to 3 months in advance - just state on the application the expected arrival to be on or after her birthday.
> Visiting before she gets her settlement visa is possible, but she will have to meet all the conditions for a visitor. It means return ticket, adequate funds, reason for returning to US (such as job) and rough itinerary for her visit. The border agency staff may suspect she is coming to live with you illegally (overstay), so she will need strong documentary evidence to support her intention to comply. But she could still be turned away.
> It will probably be easier and less risky for you to see her in US until she is ready to apply for her settlement (fiancée) visa.


Thanks for your help. Out of interest, would it be the same for a spouse visa, can she apply for that three months before her 21st? Just thinking if I have to visit there that we could be married before then?

It sounds as though her visiting here is too risky. She wouldn't have a job to go back to and although we'd have enough funds to get by when she's here it might not look good to an immigration officer and I don't like the idea of her being sent back on another 16 hour journey with the baby.


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## Joppa (Sep 7, 2009)

Sunderland said:


> Thanks for your help. Out of interest, would it be the same for a spouse visa, can she apply for that three months before her 21st? Just thinking if I have to visit there that we could be married before then?
> 
> It sounds as though her visiting here is too risky. She wouldn't have a job to go back to and although we'd have enough funds to get by when she's here it might not look good to an immigration officer and I don't like the idea of her being sent back on another 16 hour journey with the baby.


In case of a spouse visa, she will first have to be married and then apply within three months of turning 21 and her arrival in UK must be dated on and after her birthday. 
Yes, I too think there is considerable risk involved in being turned away at UK border, while you can just visit US on visa waiver, as you presumably have a job to return to and a permanent home in UK.


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## Sunderland (Aug 19, 2010)

Joppa said:


> In case of a spouse visa, she will first have to be married and then apply within three months of turning 21 and her arrival in UK must be dated on and after her birthday.
> Yes, I too think there is considerable risk involved in being turned away at UK border, while you can just visit US on visa waiver, as you presumably have a job to return to and a permanent home in UK.


Thanks, do you mean she can apply three months before 21 (if we're married by then) and get the visa for just after her 21st?

You're right, I have a job and a home in the UK so I should be able to visit on Visa Waiver OK. I'm visiting in November (paid for and arranged before we knew about baby) and baby is due in February.

It would be far better for us if she could visit here for a while as I'll only be able to go for a week or two due to work. Is thre no way to explain things to the embassy and get approval for her before she visited?


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## Joppa (Sep 7, 2009)

Sunderland said:


> Thanks, do you mean she can apply three months before 21 (if we're married by then) and get the visa for just after her 21st?
> 
> You're right, I have a job and a home in the UK so I should be able to visit on Visa Waiver OK. I'm visiting in November (paid for and arranged before we knew about baby) and baby is due in February.
> 
> It would be far better for us if she could visit here for a while as I'll only be able to go for a week or two due to work. Is thre no way to explain things to the embassy and get approval for her before she visited?


Yes, she is allowed to request that her visa be postdated by up to 3 months, and the regulation states she must be 21 when she arrives in UK on her settlement visa.
Visiting UK with her new baby isn't impossible but the risk factor must be considered. While she may have a hassle-free entry, it's equally possible she receives a real grilling as to her intentions, financial means etc, and if they aren't satisfied, they can put her on next flight home. One way to avoid this is to obtain an entry clearance in advance, even though as an American she doesn't need it. Then she can satisfy the visa officer at a British consulate before she spends money on airfare, and with a visa in her passport she will be unlikely to be turned away on arrival.


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## Sunderland (Aug 19, 2010)

Joppa said:


> Yes, she is allowed to request that her visa be postdated by up to 3 months, and the regulation states she must be 21 when she arrives in UK on her settlement visa.
> Visiting UK with her new baby isn't impossible but the risk factor must be considered. While she may have a hassle-free entry, it's equally possible she receives a real grilling as to her intentions, financial means etc, and if they aren't satisfied, they can put her on next flight home. *One way to avoid this is to obtain an entry clearance in advance, even though as an American she doesn't need it. Then she can satisfy the visa officer at a British consulate before she spends money on airfare, and with a visa in her passport she will be unlikely to be turned away on arrival*.


Thanks, that's the sort of thing I was hoping would be possible. How do you go about doing that, is it an in person visit somewhere in the USA and how much do they charge for that?

Also, regarding the baby, he/she will be entitled to a british passport, will there need to be a dna test to prove to them that the baby is mine because we won't be married when the baby is born?


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## Joppa (Sep 7, 2009)

Sunderland said:


> Thanks, that's the sort of thing I was hoping would be possible. How do you go about doing that, is it an in person visit somewhere in the USA and how much do they charge for that?
> 
> Also, regarding the baby, he/she will be entitled to a british passport, will there need to be a dna test to prove to them that the baby is mine because we won't be married when the baby is born?


Just apply for entry clearance (visa) by going to UK in US site (British embassy Washington) and follow links. 
https://www.visainfoservices.com/Pages/Content.aspx?Tag=HowDoIApply_PAGE
Fee is $109.

No, just a full birth certificate with details of both parents. The baby should be dual US/UK national from birth (law changed in 2006 and those born since to an unmarried British father are British from birth). Ideally he/she should get both US and British passport to ease entry and exit. Look up requirements for both countries about applying for a child passport, esp about supporting documents needed. British passport must be applied for in US through the British consulate.


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## Sunderland (Aug 19, 2010)

Joppa said:


> Just apply for entry clearance (visa) by going to UK in US site (British embassy Washington) and follow links.
> https://www.visainfoservices.com/Pages/Content.aspx?Tag=HowDoIApply_PAGE
> Fee is $109.
> 
> No, just a full birth certificate with details of both parents. The baby should be dual US/UK national from birth (law changed in 2006 and those born since to an unmarried British father are British from birth). Ideally he/she should get both US and British passport to ease entry and exit. Look up requirements for both countries about applying for a child passport, esp about supporting documents needed. British passport must be applied for in US through the British consulate.



Thanks Joppa

I read on another forum the following:

In order to register a child as a British citizen: 

Form MN1 needs to be completed for each child with fee and supporting evidence. 
From April 2009, the fee will be GBP460. Additional children applying at the same time require a fee of GBP50 each (up to the fee change, a single fee of GBP400 covers multiple children). 

Is this necessary or would she just sent me his/her birth certificate and I apply for a passport from here?


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## Joppa (Sep 7, 2009)

Sunderland said:


> Thanks Joppa
> 
> I read on another forum the following:
> 
> ...


You don't have to register your child as British citizen because he/she is British from birth! 'Registering' here is a special procedure for someone who isn't considered British from birth. You only need to apply for British passport. You cannot apply for passport of someone who isn't in UK on the day application is made, so it should be done in US (costs a bit more). It's the documentation they require you need to watch out for, as often you have to send in your passport which you shouldn't do unless you are in US. Just find out from the nearest British consulate to where your fiancée lives what their requirements are. They may only want to see a certified copy of your passport plus your birth certificate, for example.


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## Sunderland (Aug 19, 2010)

Sorry for all the questions but I have one more.

If, my girlfriend and I marry in the USA in April (for example) and her 21st Birthday is in August.

Can we apply for a spouse Visa in May? If so, if the visa is granted in June/July and post dated for the day of her birthday, can she come here on a visitors visa in June/July and then be here legally automatically on the 12th? 

If not, could she come here in June/July and then leave to another Euro country before the day of her birthday and come back after her 21st?

Thanks in advance.


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## Joppa (Sep 7, 2009)

Sunderland said:


> If, my girlfriend and I marry in the USA in April (for example) and her 21st Birthday is in August.
> 
> Can we apply for a spouse Visa in May? If so, if the visa is granted in June/July and post dated for the day of her birthday, can she come here on a visitors visa in June/July and then be here legally automatically on the 12th?
> 
> If not, could she come here in June/July and then leave to another Euro country before the day of her birthday and come back after her 21st?


Yes, that's how to do it, so that she will have a settlement visa valid on her 21st birthday.
As for coming before, as I have said it's possible but she must make it clear that she is entering as a visitor, and will leave before her settlement visa becomes valid and then re-enter on or after the 'valid from' date. She must not just stay on in UK, as she hasn't yet been given leave to enter for settlement - only as a visitor, and this can only be done by re-entering UK with a valid visa. She needs to meet the conditions as a visitor - to have a return or onward ticket, enough money to cover her expenses in UK (or being supported by a sponsor, i.e. you) and not to do anything that contravenes visitor's leave, such as working. This 'stepping outside UK' needs a careful plan. It has to be somewhere outside the British Isles, so not the Channel Islands or Republic of Ireland. It can be a daytrip to France or Belgium, by plane, Eurostar or ferry/Eurotunnel. She must carry in her hand luggage copies of documents she has submitted for her visa application, such as certificates and bank statements. And when asked, she must tell the British immigration officer (UK Border Agency staff) that she is entering UK to settle as a spouse of a British citizen. I suggest you pre-book this trip so that she can show details when she first arrives as a visitor, and you should accompany her for this re-entry by standing with her in the non-EU passport line for moral and practical support.


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## Sunderland (Aug 19, 2010)

Thanks again Joppa

I'm not sure if you'll know this but, when registering a birth in the USA (I'll be over here) would she just write my name on registration form or do we need to provide anything else as I won't have a US social security number etc?

Also, would we have to mention baby in visa application (as baby won't need a visa). It's just I know we'll have enough for me and her based on my wage and their requirments, I don't want the baby to complicate that as we'll probably need child tax credit/child benefit towards baby's upkeep.


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## Joppa (Sep 7, 2009)

Sunderland said:


> I'm not sure if you'll know this but, when registering a birth in the USA (I'll be over here) would she just write my name on registration form or do we need to provide anything else as I won't have a US social security number etc?
> 
> Also, would we have to mention baby in visa application (as baby won't need a visa). It's just I know we'll have enough for me and her based on my wage and their requirments, I don't want the baby to complicate that as we'll probably need child tax credit/child benefit towards baby's upkeep.


Sorry I don't know anything about registering a birth in US - you have to ask your partner to find out.
Yes, any child or dependant has to be entered on the application, even if they don't need a visa (e.g. dual-citizen). No, entering the child's details won't complicate the application - it just makes it complete. A lot of people have children who are dual-nationals from birth, while they themselves have to apply for a visa to live in their spouse's country.


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## Bevdeforges (Nov 16, 2007)

Sunderland said:


> I'm not sure if you'll know this but, when registering a birth in the USA (I'll be over here) would she just write my name on registration form or do we need to provide anything else as I won't have a US social security number etc?


As far as registering the birth in the US, it shouldn't be an issue, but for you to pass on your British nationality to your baby, she'll need to report the birth to the British Consulate or Embassy. For that, she may well need some form of proof of your nationality. The Consulate should be able to advise you of the specific requirements.
Cheers,
Bev


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## Sunderland (Aug 19, 2010)

Bevdeforges said:


> As far as registering the birth in the US, it shouldn't be an issue, but for you to pass on your British nationality to your baby, she'll need to report the birth to the British Consulate or Embassy. For that, she may well need some form of proof of your nationality. The Consulate should be able to advise you of the specific requirements.
> Cheers,
> Bev


Thanks, from what I've read, you just need to supply the birth cirtificate with my name on and my birth certificate when applying for a passport and that I wouldn't have to register the baby's birth with the british embassy to get a passport (it costs about $150 to register it). 

Am I misunderstanding?


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## Sunderland (Aug 19, 2010)

Sorry to bump this after all this time but I've been reading up on this and it seems I wouldn't have to register anything with the British Embassy, she'd automatically be British like Joppa had already said and we'd just apply for the passport?

Is there anything special we'll have to put on birth certificate?


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## Bevdeforges (Nov 16, 2007)

Sunderland said:


> Sorry to bump this after all this time but I've been reading up on this and it seems I wouldn't have to register anything with the British Embassy, she'd automatically be British like Joppa had already said and we'd just apply for the passport?
> 
> Is there anything special we'll have to put on birth certificate?


Depending on where the baby is born, there really isn't anything in particular you can put on the child's birth certificate. If you're not going to be there for the birth, you should probably make sure that she has a copy of your UK birth certificate, just so there is no question as far as the nationality of the father.
Cheers,
Bev


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## Sunderland (Aug 19, 2010)

Bevdeforges said:


> Depending on where the baby is born, there really isn't anything in particular you can put on the child's birth certificate. If you're not going to be there for the birth, you should probably make sure that she has a copy of your UK birth certificate, just so there is no question as far as the nationality of the father.
> Cheers,
> Bev


Thanks Bev

She'll be born in Utah, so I'll just give her a copy of my birth certificate incase she needs it.


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