Overstayed in England

[shadow42 0]

Hi,

My fiance is with me in the UK while we wait for the US K1 visa to be approved. Unfortunately it has not been approved within the 6 months allowed however due to the fact we have her daughter in school and don't want to have to leave each other they are still here after close to 11 months.

The question is what will happen when we do come to leave with me holding a K1 (fingers crossed).

She has never tried to work while in the UK and both have been totally supported by me.

ON the biometrics form we put that they were living with her Mom due to the fact that at that time we thought they would be travelling back and that is where they would have been staying.

We thought about getting married here however it was not an option without them leaving according to a rubbish lawyer who we consulted.

SO basically thats it. - they are here with me waiting it out.

Any ideas? or has anyone actually faced this situation.

I realise by the letter of the law they could be banned from coming back to the UK for a while (maybe a year I think) but how does this happen ?

Please help

Edited July 24, 2007 by shadow42

[Dan J 277]

An overstay in the UK will have no effect on US immigration. Though your fiancee could be deported and or banned depending on the laws in the UK.

[kitkat1 5]

An overstay in the UK will have no effect on US immigration. Though your fiancee could be deported and or banned depending on the laws in the UK.

Right - US immigration is not concerned with whether or not a USC overstayed in another country.

In adidtion, not sure who told you that this was a six month process -- far, far from it considering a petition has to wait for processing at the US service center, be approved and pass through the National Visa Center, be forwarded to the consulate and wait for packets to be sent out and then returned by petitioners, medical exam, interview scheduling, etc.

[no name 1]

Hi,

My fiance is with me in the UK while we wait for the US K1 visa to be approved. Unfortunately it has not been approved within the 6 months allowed however due to the fact we have her daughter in school and don't want to have to leave each other they are still here after close to 11 months.

The question is what will happen when we do come to leave with me holding a K1 (fingers crossed).

She has never tried to work while in the UK and both have been totally supported by me.

ON the biometrics form we put that they were living with her Mom due to the fact that at that time we thought they would be travelling back and that is where they would have been staying.

We thought about getting married here however it was not an option without them leaving according to a rubbish lawyer who we consulted.

SO basically thats it. - they are here with me waiting it out.

Any ideas? or has anyone actually faced this situation.

I realise by the letter of the law they could be banned from coming back to the UK for a while (maybe a year I think) but how does this happen ?

Please help

You only filed in March - it is not 6 months yet? Also, what kitkat said is correct, search the timelines here & filter for UK to see an estimate of time it takes.

[shadow42 0]

Sorry you misunderstand me, I mean six months is allowed for a visit to the UK without a specific visa.

I am aware that my immigration to the US should not be affected by this, this question is purely about what will happen at the airport when we come to leave and how they will react when they see my US fiancee has overstayed in England.

Many thanks for all the comments though.

Edited July 25, 2007 by shadow42

[paulinespens 3]

6 months allowed for a us citizen without a visa in the UK however she could of gone to the home office and got this stamped renewed for an extra 6 months.

[shadow42 0]

I we were unaware of this, even though we went to an immigration lawyer before her 6 months ran out. He said that NOTHING could be done and that she would have to leave.

So I guess there is nothing we can do now that she is outside the first six months then ?

[Trompe le Monde 1,107]

I am almost certain that you can not renew the 6 months without exceptional circumstances - like VWP, you are not supposed to use the UK tourist visa to "live" in the UK. And your lawyer was right, she would not have been allowed to marry you in the UK unless she entered on a fiance visa, which she would have had to get outside the country.

I think your question is, as I understand it, what will the consequences be for your fiance when you try leaving the UK with her stamp 5 months expired?

They used to almost never examine passports when you left the UK, so in the old days probably nothing as there was nothing to link your entrance to your exit (like the I-94 in the US), but ever since 7/7 they have inspected people's passports as they leave. They do not scan them or record them in anyway. Sometimes they look at the stamps other times not - the last time I was there (April) they seemed to only look at the picture pages of the people around me.

You must definitely be prepared to answer questions as to WHY she overstayed, as you are more than likely going to be asked. They may give you a stern talking to, they may stamp her passport indicating she overstayed in which case she will have trouble re-entering the UK next time. I'd be VERY surprised if anything worse than that happened.

[paulinespens 3]

You can renew it via the home office. In Croydon I think you have to go too.

[Trompe le Monde 1,107]

I've just looked on the website this is what they say:

Can I extend my stay as a visitor?

A visitor can only stay for six months. If we gave you permission to stay for less than six months, you can apply to extend your stay, up to six months in total

http://www.ind.homeoffice.gov.uk/applying/...orking/visitors

[The_dip_sticks 0]

She is an Amerian citizen, I know that when I exited england to go to Spain for a few days I was stamped with a Spanish stamp on my passport. When I re entered I dont think they knew when I exited, as there was no exit stamp or any thing from the uk. Could she exit and enter again? I dont know just a thought.

Edited July 25, 2007 by The_dip_sticks

[Trompe le Monde 1,107]

She could do that - but she would run the risk of not being admitted if they thought she was living there (which it sounds like she kinda is) and they noticed her last entry was 6 months ago. I know someone who got nabbed at Waterloo doing exactly that after returning for a new 6 months after a weekend in Paris.

To be honest, I think the worst thing that will happen if they depart for the US together with his K-1 visa in hand and a declaration they are immigrating to the US is that the Immigration Officer (if he catches it) will give her a ticking off and a slap on the wrist. I could be wrong, of course.

[TimsDaisy 0]

I've yet to see anyone at the passport control desks at Heathrow - unlike in the US where you are all but forcibly required to use the "US VISIT" kiosks to "check out" of the country. Perhaps there are still ways to pin overstays, but since you've already overstayed, I would contact a UK immigration attorney - er - solicitor? - before you take any action that could jeopardize you staying there or visiting later.

[Trompe le Monde 1,107]

There used to rarely, almost never be anyone at those inspection points, but every single departure from the UK since 7/7/5 I've had there has been a passport inspection (always thru Gatwick or Heathrow). How thorough these are, I don't really know (I was a UKC at that point, I observed a less-than thorough one of my non-UKC colleagues last time I went thru Heathrow on business).

Edited July 25, 2007 by robinklake

[TimsDaisy 0]

There used to rarely, almost never be anyone at those inspection points, but every single departure from the UK since 7/7/5 I've had there has been a passport inspection (always thru Gatwick or Heathrow). How thorough these are, I don't really know (I was a UKC at that point, I observed a less-than thorough one of my non-UKC colleagues last time I went thru Heathrow on business).

Since 2005, you're saying? I've never been stopped. I would say I've never even seen someone at the desk - but I think last time there was someone there but people were walking straight past him without batting an eye. I sort of timidly followed suit and wasn't told to stop. Of course, I wasn't there longer than I should've been and I'm guessing if I ever needed to prove my departure, I would do so with proof of reentering the US via our government, but who knows. I never really understood why the stations weren't manned . . . .