I apologize if this is a silly question, but I am trying to convince my fiance that since he doesn't have a visa to be in England, he can't leave from there to come directly to the US. Am I right? I thought that I need to process everything from his home country and he will have to go there for his interview and then fly from there to the US. Please help because he seems to think that if we get in touch with the embassy in London, that he can leave from there. Help!

You don't mention the complete circumstances but I'm assuming he had a visa orginally but that this has now expired - in which case he could apply for a new one and then proceed based on the outcome of that.

I wouldn't imagine it would look good on your application if they looked into the background and found he was staying in the UK illegally and now wanting to move to the US to be with you.

I realise this may be tough on you, but if for some reason he is not in a position to be able to renew his visa so that he can be legally present in the UK then it would be better if he returned to his country of birth.

I've heard of two different scenarios. In the first scenario, the fiancé left Germany to return to his natal country once the process started. However, it was difficult to prove their relationship because he had to let USCIS know that he had lived in Germany. In the end, he did immigrate to the US, but it took a while. While in Germany, he had to provide a police report from there and any other country he had lived in. Germans weren't too keen on giving a report for an illegal and I am not sure if they got the report in the end. The second scenario, the fiancé had to leave England to his home country again, but didn't state why he left England.
Those are cases I have read about. It is not unheard of for USCIS to work with individuals who have been European Union hopping. Good luck and pm me for more info. If you want.

Is there a reason as to why he cannot return to Albania? I agree with the above poster, as there's not alot of informatin to go off of with this case. Of course the UK government will want to know all the legalities as to him being there, and may not let him go. Unless he has entered under a political asylum, seeking reffuge...and then they would have to have all of that documentation as well...the process will be very long and difficult for him. The US won't look to kindly on it as well, especially with all the new laws in effect, making it a bit more difficult to get a passport and visa. Basically, he will either need to come clean with the British government...or go back to his own country.

Some consulates will process visas even if you don't have legal status in that country. Spain is one that comes to mind. I would call the consulate in London and ask. If they will accept the case, his illegal status in the UK should have no bearing on his US visa process.

I do recall a few members who had illegal status in other countries and received their visas to the US. From what I gathered in those specific cases, USCIS was uninterested in the status of the beneficiary.

I don't know if this will help at all, but my husband was never asked to show legal status in Canada when he was interviewed in Montreal (he was a legal permanent resident).

I'm sorry, but if their status holds no bearing...if they are illegal or not...why in the heck...are we all going through this process?

Immigration status in other countries is not the concern of U.S. immigration. You may think that it should have bearing, but anecdotal evidence would suggest otherwise.

Thank you so much everyone for your thoughts and comments. Basically, he came to the UK when he was 15 seeking asylum and he reapplied for another visa when it expired, but was denied. He stayed and never went home, therefore, he has no right to be in the UK and hasn't for the past 7 years. We are filing everything through Albania because I have heard that the UK won't take notice as long as he hasn't overstayed a visa in the US. So my feelings are to not involve the UK at all because of the risk of him coming home earlier than expected.

I'm in a very similar situation except for Italy and not the UK. If on your application you listed him as residing in the UK currently then they will schedule his interview to be at the consulate in the UK even if you requested Tirana. At this point my plan is to just go for it without giving them any heads up. We just sent in out Packet 3 and are waiting for Naples to give us an interview date. My plan is if they ask for his Italian residence permit that I will just say that we have no plans to re-enter Italy like as is needed to show for a tourist visa. Remember this is the American consulate that holds the interview and they are concerned about illegal immigration to the U.S. and are not keeping themselves busy controlling immigration for other countries. I even had an American immigration lawyer tell me that it won't matter to the U.S. immigration if my fiance has been deported from another country but it does matter if he has ever been deported from the U.S. I figure if they won't process our case because of lack of Italian documents then at that point we will ask to transfer the case to Albania. As far as flights go, all that will matter at the U.K. airport is if he has a U.S. visa in hand and a one way ticket to America. If so, then it shouldn't be a prob, but you can always call the airport to be sure. As far as I'm aware there is no direct flight from Albania to America anyway so no matter what he'd have to have some kind of plane change in E.U.

i guess there will be no problem about being illegal in one country b4 u can apply for kvisa or immigrant visa to usa. this kind of visa we re talking here is more or less family base visa it carry weight unlike visitor visa. this thread has been going on here but not definate answer from reliable source who have gone through this yet.i will just imploy ur fiance to have pasport from his home country where the visa will be stamp.