# I want to move to UK, with bf who is uk citizen is in USA



## peppera-ann- (Feb 4, 2008)

My boyfriend is currently in USA, he has been here for 85 days, which will be illegal in 5 days. He is a british citizen. We are saving money to make it back, and bring me with him to live permanently. 
We want to get married, but not just so I can stay there legally. However we will do that if it must be done.
My questions are as follows:
1. Will my fiance visa be revoked due him being here illegaly?
2. Is there any other way that I can work and live in the UK with out getting married { I know to apply for worker visa, or student visa however I dont go to school, and any visa must be applied for in your own country so I would have to leave and come back}
3. If I apply for a workers Visa, can I still get married later on, and apply for the visa that will allow me to become a british citizen?
4. What kinda of trouble are we looking at with him being here illegaly at the airport?
5. Will he have to go ahead of me, and establish residency again? We do not want to part ov course.

Anyone, please please help. I am on a time limit here in USA due to my job. I am in hotel management, and the hotel is selling, so I will not have a place to live once it sells. Time limit is around 3-6 months

Thank you for anyone who can help me.


----------



## Stravinsky (Aug 12, 2007)

peppera-ann- said:


> My boyfriend is currently in USA, he has been here for 85 days, which will be illegal in 5 days. He is a british citizen. We are saving money to make it back, and bring me with him to live permanently.
> We want to get married, but not just so I can stay there legally. However we will do that if it must be done.
> My questions are as follows:
> 1. Will my fiance visa be revoked due him being here illegaly?
> ...


Hi and welcome to the forum. I cant help you on the complex issues I'm afraid, but to be honest I would have thought breaking te immigration rules in the States would not be a good idea. They know exactly your details when you go through controls in the States. I was amazed how much they knew about my daughter who is fequently in the states, last time we were there together.

Although someone mighr be able to help on here re the marriage / working situation, you might find that the British Embassy could be a good place to start


----------



## peppera-ann- (Feb 4, 2008)

well we didnt intend to break the rules. it was a two week intro to each other, we fell in love immediatley, and just cant even think of being seperated...my boyfriend was thinking that maybe he should call the embassy, let them know he is here, and that he has intention ov going home. just in a few months..can he apply for something? he didnt come over on a visa, just the 90 day alotted time on the passport. I have a friend who her husband is here in usa, for 7 years. he has been pulled over 4 times, just tells the police that he is in process of naturalization, they let him on his way. They now have a child {6 years old} and are going thru hell to get him to become a citizen.


----------



## Bevdeforges (Nov 16, 2007)

Hi, and welcome to the forums!

Having been in immigration trouble here in France, let me tell you that you do NOT want to fool with the US immigration people!

>>1. Will my fiance visa be revoked due him being here illegaly?<<

Are you a US citizen? Do you already have a fiancé visa for the UK? Generally, his illegal status in the US shouldn't affect your visa status in the UK, but his being illegal certainly won't help, either. It could complicate your return to the UK.

>>2. Is there any other way that I can work and live in the UK with out getting married { I know to apply for worker visa, or student visa however I dont go to school, and any visa must be applied for in your own country so I would have to leave and come back}<<

Check the UK embassy website in the US (New York City or Washington DC) for details on the types of visas they offer, but generally you are going to need to find a job in the UK to get a work visa. Or, get accepted to a university or other programme in the UK to get a student visa. Yes, you probably would have to leave the UK to apply for a different sort of visa, and it might be taken the wrong way if you had already arrived in the UK on the fiancé visa, then turn around and say, "oh, we don't want to get married yet" and apply for a different sort of visa. At the least, you'll be suspected of having lied on the fiancé application. If you are going to change the type of visa you go over on, do it before you go.

>>3. If I apply for a workers Visa, can I still get married later on, and apply for the visa that will allow me to become a british citizen?<<

No problem there (other than the issue of whether or not you "changed your mind" above) - but you have to find a job in the UK first. And that's not easy from outside the country. 

>>4. What kinda of trouble are we looking at with him being here illegaly at the airport?<<

Arrest is the most likely outcome, though if he's on his way out of the country when he's caught, they might just let him go. (Cheaper than deporting him.) HOWEVER - if he is caught overstaying his US visa, he can be denied entry to the US in the future, even for a holiday or to visit your family.

>>5. Will he have to go ahead of me, and establish residency again? We do not want to part ov course.<<

His best move is to get the heck out of the US within the time period of his visa - even if he just goes up to Canada for a month or two. If he re-enters the US too soon after leaving, even on a tourist visa or the visa waiver program, there is a real danger that his passport/name will be flagged the next time he tries to enter the US. And that could be trouble.

It wouldn't hurt for him to go back to the UK so that he can establish residence there when you arrive. On a fiancé visa, he may have to show that he can support you without your having to take public assistance. It would be far better for him to be back over there with a job when you arrive.

Sorry to be the bearer of bad news, but do what you can to avoid immigration trouble down the line. It's not fun and it gets very expensive to fix a situation you could have avoided in the first place!
Cheers,
Bev


----------



## izzysmum04 (Nov 26, 2007)

*I definitely recommend your fiance going back to the UK before his 90 days expires. Not trying to scare you, but we had a friend who overstayed her 90 days in the US, and they eventually found her, arrested her and put her in a detention center, until they could deport her back to England. She is now no longer allowed back in the US. I really wouldn't risk it.

As for your options, definitely look at the British Embassy website. This will give you great information on your options. Here's the link to UKVisa's, as well. FYI, if you come over on a fiance visa, then you must get married within 6 months. Even if you apply for a fiance visa it will take a few weeks for you to receive it, well past his 90 days expires. 

Hope this helps. Good luck with everything!*


----------



## peppera-ann- (Feb 4, 2008)

not bearer ov bad news..much needed information. 
I think that we are going to have him go back, but i wonder what is an acceptable amount of time? i really dont see why we cant apply for the fiance visa {me not him as he is uk citizen im american} and then go to aiport directly. If they say..oh ur a naughty boy, wot can they do? he is on his way home anyway?
we cant afford for him to leave just yet. the tickets are too much $ so i think we will save for 3 months,, lay under the radar and hope my fiance visa goes through. once we get back, he can get a job straight away. We are hoping that his old boss will vouch and send a letter to the embassy saying he can have his old job back...what do you think?


----------



## izzysmum04 (Nov 26, 2007)

*Him staying over by 3 months is definitely not a good thing to do. Once he gets to the airport, he can be arrested, grilled and then quite possibly never allowed entrance back into the US. I agree with Bev...it is not a good idea to mess with US Immigration. You are "playing with fire" with that one.

I see you are in Texas. There is a British Consulate in Houston. Maybe you should ring them, and find out what you need to do. our friend was in a town in Texas called Canton when she got caught.

*


----------



## Bevdeforges (Nov 16, 2007)

izzysmum is right. If he gets caught - anywhere - overstaying his US visa he will get into enormous trouble. And while you may feel now that you won't ever want to come back to the US, who's to say how you may feel after you have your first kid and want to bring him or her back to meet your family? Or if there is a family emergency of some sort? He won't be able to come with you.

You may also be jeopardizing your fiancé visa. Generally, they will require that he prove he is (1) resident in the UK and (2) capable of supporting you. Having his old boss say he can have his old job back isn't going to cut it. He'll have to be in his old job, with bank statements to support how much he is earning. You have a much stronger case if he is back there and established when you apply for the fiancé visa.
Cheers,
Bev


----------



## izzysmum04 (Nov 26, 2007)

*I do hope you take real consideration in what both Bev and I have told you. We really are just trying to save you both a lot of heartache in the future. It never pays to do anything illegal when it comes to US Immigration. What Bev says is right, doing things this way could jeopardize your fiance visa, and ruin your chance of immigrating to the UK even. I do wish you luck in whatever you decide.*


----------

