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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7626
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I have lived in the US as an undocumented years. I have

Resolved Question:

I have lived in the US as an undocumented for 14 years. I have a friend in the UK, a girl that I knew from my country of birth. I am in the US now, for a while, and work is scarce, I can't use my Degree and I can't find work. I can't be in the same situation next year. All my degrees and hard work and I can't utilize my skills. My friend as I mentioned above, who is now my GF, has offered me a chance to come to England, where she would marry me, not just for status adjustment, but because we love and want to be with each other. I would like to know what the process would be like, if she were to begin filing for me and how would the process be carried out, if I were to leave the US and migrate to the UK. Would there be any issues or problems We/I would face in this process. THANK YOU VMUCH.
Submitted: 2 years ago.
Category: Immigration Law
Customer: replied 2 years ago.
What steps would we have to take or what steps would my girlfriend have to take to begin the process.
Expert:  Thomas replied 2 years ago.
Hi. Thanks for your patience.Do you mean that you are illegally in the uk?What is her annual income from employment please? Kind regards Tom
Customer: replied 2 years ago.
No, I the guy, live in the US undocumented. She is a citizen of the U.K.
Customer: replied 2 years ago.
I am in the US undocumented. We are now a couple and want to get married, to be together.
Customer: replied 2 years ago.
Her annual income is about $30,000+ a year
Customer: replied 2 years ago.
I am basically looking to leave the US, to go live with her in the UK, she is the UK citizen.
Customer: replied 2 years ago.
??
Customer: replied 2 years ago.
Hoping to hear back from you with an answer, thank you.
Expert:  Thomas replied 2 years ago.
Hi, Sorry, I meant to ask if you are illegally in the US?Please state the amount she earns from her UK employment in pounds sterling (GBP)? Tom
Customer: replied 2 years ago.
Yes I an illegal in the US
Customer: replied 2 years ago.
I am*
Customer: replied 2 years ago.
I stated before that she makes $30,000+ a year
Customer: replied 2 years ago.
Ok can I get sine information that I can work with now. Please
Customer: replied 2 years ago.
Some vital information please
Expert:  Thomas replied 2 years ago.
Please be patient. I have to ask these questions in order to give you an answer. Drafting your answer now. 5 mins please.
Customer: replied 2 years ago.
Okay cool
Customer: replied 2 years ago.
I am undocumented in the US.
She is a UK CITIZEN.
She makes $30,000+ a year
I speak English, it's my native tongue.
We have no kids.
Customer: replied 2 years ago.
Okay awaiting your response, thank you. I'm just anxious to know the particulars.
Expert:  Thomas replied 2 years ago.
Hi Thank you for your question and patience, I’m Tom and I’ll try to help you.If the plan is to settle in England once you are married then you will need to apply for settlement (ie. A spouse visa). However, your situation is complicated because you are illegally in the US. This prevents you from making a UK visa application from the US, because it would be rejected. This means that you would have to return to your home country in order to make the application from there if you do. There are two ways of doing it. It is not absolutely necessary for her to come to the US or your home country to marry in order to get a visa to come here. You can apply for a fiance visa so that you can come here specifically for the purpose of marrying, but note my comment above about doing this from your home country. Once married you would then have to apply for a spouses visa (settlement – Further Leave To Remain). Two applications, two application fees.Alternatively, You can either marry in US or your home country and then apply directly for a spouses visa from your home country; Once application, one application fee.There is a larger amount of documents to submit for a fiancé visa because you have to show that you intend to marry once she arrive here. The eligibility criteria is largely similar for both applications. The advantage is that if your fiance visa is refused then you are not married. If you marry and you spouses visa application is refused initially and then on appeal then you are stuck being married but in different countries. Here is the criteria you would need to fulfill for a fiance visa, as I say the criteria is largely the same for a spouses visa. If you meet this you will almost certainly not be refused a spouses visa:- You plan to marry within 6 months of her arriving hereYou plan to live permanently together hereYou have met each otherYou can support each other without the need for public fundsYou have suitable accommodation which is owned or lived in only by you or your household and where you and your dependents can live without any help from public fundsMeet the financial requirement (salary threshold): https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/371437/AnnexFM_Section_FM_1_7_Financial_Requirement.pdf You have to produce to the home office documentation that proves the above. This would be some of the following:-{C}· If you are to apply for a fiancé visa you will have to show evidence of your intention to marry, so things like purchase of a ring, evidence of having met (photos correspondence etc), booking of a wedding venue, evidence of invites etc.{C}· Bank statements from both you and your fiance going back 6 months showing the income/capital you have available{C}· Payslips (6 month of) and a letter from your employer stating that you have a permanent job, contract of employment{C}· Documentary evidence of any other assets you hold (eg. Shares, evidence of ISAs or bonds){C}· Marriage certificate, Birth Certificate, passport{C}· Evidence of correspondence between you and your fiance showing that the relationship is credible and genuine (eg. Emails, letters, evidence of previous trips, photos showing you together, phone records{C}· Evidence of the accommodation where you will live (ie. land registry officials copies of the property that you own, mortgage documentation, copy tenancy agreement if you rent, council tax statements, house report by a solicitor, letter from landlord confirm he is happy to give you a further tenancy agreement You will also have to pass an Englsh Language test:-https://www.gov.uk/join-family-in-uk/knowledge-of-english The application will have to be supported by evidence proving the above eligibility criteria. They key to a successful application is producing well-collated documentary evidence for the above criteria. You will also have to produce statements made by both of you explaining and supporting how you meet the eligibility criteria. You will need to apply for fiance/spouses visa using form VAF4.Generally, I’ve found that persons considering applying for fiancé/spouse visa are surprised by the documentary requirements and complicated nature of the application preparation. You should certainly consider instructing a immigration solicitor based here in the UK to (whichever way you decide to do it) act on your behalf because of the fact that you want to be as certain as you can be before you return to your home country that the application will have a good prospect of success. You can find local solicitors via:- http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law It should cost around £1000-1500+ VAT. It will save you money in the long run, in all probability. My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question. Kind regards,Tom
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