LEGAL ADVICE NEEDED PLS!!!

[soinluv 0]

I'm an American, and my fiance is a Nigerian living in England, but he has overstayed his student visa. We are planning to get married, and want to apply for a K1, but since he has overstayed should he apply from Nigeria, or can he still apply here in England? I spoke to a lawyer in the states, and he said that won't be a problem hence the USCIS doesn't care about his status in England. Just wanted a second opinion.

[SirJon 0]

Just a thought, but it may cause some problems when it comes to getting a police certificate from the UK.

Don't know the exact status as to whether his overstay is a civil or criminal matter, but if he does come into contact with the police, he will be likely to be deported from the UK.

[SirJon 0]

Found this from the UK Council for International Student Affairs - http://www.ukcosa.org.uk/student/immigration.php#overstaying

Why does it matter if I work too many hours or overstay in the UK (overstaying means allowing your immigration permission to expire without making an application to extend it)?This will have serious consequences for any future entry clearance applications that you make abroad. If you overstay for more than 28 days or work more hours than you are allowed to work, you may be barred from coming back to the UK for at least 12 months (and in some cases five or ten years).

If you are found not to have told the truth in answer to questions on the entry clearance application form about your previous immigration behaviour in the UK, you are likely to be barred for ten years.

It is likely to be difficult for you to obtain immigration extensions in the UK, too.

My passport or identity card tells me I need to register with the police. Do I really need to do this?

Yes. If you forget to register with the police, this could have serious consequences for any future entry clearance applications that you make abroad. You could be barred from coming back to the UK for 12 months (and in some cases five or ten years).

It will also cause problems for you obtaining immigration extensions in the UK.

If your passport or identity card does not tell you to register with the police, you do not need to do this.

It also looks like it is an offence that may show up on the Police Certificate - http://www.acpo.police.uk/asp/policies/Dat...20Records06.pdf

Offence Group C - reference 10.x.x

[Sylvia_n_Joseph 3]

I have a question, If he is in a country for more than 6 months he needs a police certificate , how do you go about getting one if you are overstayed ?