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Hope someone here can help me with this one : ) I got married to a US citizen last september. My plan was to move to the USA, but I have to wait untill I have my visa, which may take some time. Since september I have tried to visit the USA, but was denied entry, due to not having the correct visa, and they came to the conclusion, that I may have overstayed. Since then I saw my husband in Barcelona, in febuary. I have become pregnant. My husband wants to be with me during my pregancy and birth, but we are both worried, he will be denied entry to the UK for the same reason as me ( no visa) Plus I can not work for health reasons, so I currently DONT qualify to apply for a visa for him. He does hold a US passport, but when he applied he did state he was married to a UK citizen. If he is denied entry because of this, does he have the legal right to visit his child, and be here. He does not wannt to ,move here, nor does he intend to come here to recieve benifits. He just wants to support me!

2007-03-05 09:21:21 · 11 answers · asked by samantha rodriguez 1 in Politics & Government Immigration

Hi, very sorry for missing a few points out. I am a UK citizen, and I live in London.The problem is that he can not get a spouse visa, as I live with my parents, and do not meet the requirements. We have a visa pending, for me to live in the USA. But, they may take some time. This is why he wants to come for the birth of his 1st child. He has a job, house, and a life in the USA. So we are not going to be here permantly. So its just a matter, of convincing the immigration officer. Thanks for the advice. Obviously if he tells the truth he will be refused entry. Which pushes us to lie, when our intentions are innocent. I cant believe this situation, could be so complicated. Surely the baby being the child of a US citizen, would give him some parental/visitation rights?

2007-03-05 11:01:01 · update #1

11 answers

Samantha - you need to state your own nationality before realistic advice can be given. If non EU - what is your UK status?

No - this is not a bad answer. I am a Chief Immigration Officer. If Samantha wants to know her options she needs to state these facts.

OK...thanks for the update. Now this is NOT legal advice nor official advice from the Home Office....it's just the way I see it from the information you provide. You have four options I think:
1) Apply for a SPOUSE visa for him. You say this is not an option so I guess you've checked out the requirements and found your personal circs wanting.
2) Apply for a VISIT VISA - more on that later.
3) Seek entry as a visitor without any entry clearance and tell the absolute truth. Could get in. Might not if the immigration officer is not convinced that short term visit is all that is intended. Very hard to convice that one is only coming to VISIT one's pregnant wife and (upon birth) child for a limited time.
4) Seek entry as a visitor and lie. This would be very very stupid. If attempted and discovered your husband would be refused entry.

So number 2 is your best option. If he has already applied for a Spouse visa and been refused then that would not help his cause as the entry clearance officer (ECO) might think he was trying to circumvent the spouse visa - but that would be a stupid thing to think because all an American needs to do is get a new passport (without any EC refusal endorsement) and travel to the UK - why ever would they apply for a visit visa.
I suggest that he needs to approach a UK embassy or consulate and be up front. "I'm married. Wife is a Brit (PROOF). She is in the UK. She's looking to emigrate to the USA to live with me (PROOF) but this will take a good while yet. She is pregnant and the baby is due on.. (PROOF). I don't want to live in the UK - my home and job are here (PROOF) but I want to visit for (less than six months) to suport my wife and be there for the birth of our child. I have no intention of circumventing the UK immigration controls but obviously - given my unusual circs - there is a possibility that a UK IS arrival officer might not believe me and refuse me entry. I wish therefore to apply for a visit visa - even though as a USA citizen I don't categorically need one. I appreciate that with such an EC I would be barred from switching visa category in the UK and that any application I made would be refused and I am 100% happy to declare that I have no intention of doing anything other than visiting for only a limited period before returning to the USA. I will provide any evidence that you require."

A visa IS your permission to enter and you cannot be refused entry unless it can be proven that you lied to obtain it. Get one - get in. Don't get one - take your chances. I think it's worth it.

Update your question if this doesn't give you the info you desire.

2007-03-05 09:27:22 · answer #1 · answered by Frisky 5 · 5 2

it rather is an old, old tale! some adult men have some turning out to be as much as do and have a stressful time coping with you being "somebody else's caretaker" now. Your infant would be a splash one for thus little time. Your husband would be your infant for something of his existence. it rather is basically a era of adjustment. it's going to cool down. An infant needs plenty interest. i do no longer think of there's a guy or woman interior the worldwide who has rather completely estimated in the previous the infant how plenty interest is in touch. (that's why i think so sorry for those unfavorable youngsters who think of that the infant is going to be a neat new toy.) while the infant will become a new child and isn't any longer basically a splash NEEDY fairly nameless organism that takes plenty and rather provides so little back, dad will become a doting slob who thinks that his new child is basically the better component to existence. carry on. issues should not be the comparable as they have been in the previous infant...they are going to be greater advantageous!

2016-09-30 06:04:42 · answer #2 · answered by fryback 4 · 0 0

Tell him to go on line and apply for a UK Visa before he comes and visits, he will tell them the situation and reason for visit. Then they will give him an appointment and he will go to the British Embassy and he will again explain how long he wants to stay and the reason for his stay and then they will decide. My husbands (and my hubby is not a US Citizen) sister was ill in the UK and he went to the embassy and explained the situation and they gave him a Visa on the spot, it might help if you send a letter and proof that you are pregnant and that you are married. I hope I helped Good Luck with the baby and I hope your husband can come and visit.

2007-03-05 09:31:32 · answer #3 · answered by Lildebbysnackz 2 · 0 1

i thought the UK was part of the visa waiver program? can you not come in for 90 days?? or...did they deny you that right because you overstayed?? i am REALLY sorry for you!! i really think your husband will get his visa....just have faith and wait and see, don't get worked up until you know for sure. wish you the very best and congrats on your marriage and baby!

2007-03-05 13:18:45 · answer #4 · answered by Anonymous · 0 0

I dont understand why if he has a passport he cannot come and visit you? I know of a couple here ,my brotherinlaw married a gal from UK,and brought her to America. And they are not with child.She waited for her visa and everything worked out.

2007-03-05 09:35:09 · answer #5 · answered by Anonymous · 0 2

Lucas V is an unintelligent, ignorant SOB who blames Bush for things totally unrelated to his actions, due to the fact that thats what other unintelligent people like to do.

The War on Terror has absolutely no correlation to immigration laws.

He also doesn't realize that hundreds of other political figures make the decisions in addition to Bush.

Finally, you should have to have your Visa in order to come into the US, as we are currently dealing with an immigration problem and broken borders.

2007-03-05 09:30:15 · answer #6 · answered by Spaceman Spliff 3 · 1 4

Hi,he can apply for a holiday visa.Think your best bet is to contact the British Embassy.Good Luck

2007-03-09 04:45:24 · answer #7 · answered by Ollie 7 · 0 1

it would help if you told us where your from, if your outside UK just move to somewhere to London or Birmingham, illegal foreigners are going there all the time

2007-03-05 09:34:12 · answer #8 · answered by john w 2 · 0 1

I don't think the right to see his child is an issue.

2007-03-05 13:24:08 · answer #9 · answered by Anonymous · 0 1

Children should be given a start in life and it's the responsibility of the parents to sort there mistakes out for new life's sake.

2007-03-05 09:25:00 · answer #10 · answered by David The Visionary 4 · 5 6

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