Marriage of Brit & Ecuadorian with a twist!

The Facts:

-I am a British Citizen, born here and lived here all my life. Steady
job with place to live.
-She is a 19 year old Ecuadorian who lives in Florida. She arrived in
the states with her family when she was around 13 years old on a
tourist visa which has obviously expired, so now she has no legal
status in the United States.

We've been seeing each other (frequent holidays to the states on my
part) and we plan to marry in mid 2006. After marriage (which is
planned to take place in the states) we would like to live together
here in London.

Questions:

A number of questions come to mind. Obviously we will need to apply for
a spouse visa for the UK which I understand can only be done after the
marriage so we can supply a marriage certificate. Is it clear cut that
she will have to apply for her visa in Ecuador (the country she is a
citizen of) or is there any possibility that she will be able to apply
in the states for a UK spouse visa?

We would like to avoid her going to Ecuador to apply if possible - we
don't imagine the states will let her back in as shes overstayed her
visa and so its a all-or-nothing departure. If there are complications,
delays or a refusal of the visa it will mean she is stranded alone in
Ecuador away from her family with probably very little hope of her
returning to the states. Also there are the less important
cost/inconvenice factors.

Also, will the fact that she has overstayed in the United States play
as a factor when she applies for a UK spouse visa? If so how much? She
didn't really have a choice in the matter, she was 13 and obviously did
what her parents told her to do. Since being in the states she has
never been introuble with any authorities or attempted to leave/enter
any countries.

If you can help/advise in anyway, it would be really appreciated. (We
intend to contact the Home Office/Ecuadorian Embassy for advice too)

Thanks guys!

Johnson wrote:


Not "clear cut". (1) the consular officer has discretion. (2) if you
have good and sufficient reason for her not leaving the USA without a
firm right to emigrate to Europe, and if you have the means
(wherewithall, time, etc.) get an EU family visa for her to, say,
Ireland and convert it from there (after a discreet period of time) to
a UK spousal (or a 'Surinder Singh' EU) visa after, say, 6 months.

We would like to avoid her going to Ecuador to apply if possible - we
don't imagine the states will let her back in as shes overstayed her
visa and so its a all-or-nothing departure. If there are complications,
delays or a refusal of the visa it will mean she is stranded alone in
Ecuador away from her family with probably very little hope of her
returning to the states. Also there are the less important
cost/inconvenice factors.\[/quote]

The suffering of the deportees who came to the US as children
(sometimes as baby adoptees) and haven't the connections or means to
survive in, say, Brazil or Guatemala suggests that if your fianc�e
does not any longer have family there, you shoudl take pains to avoid
her having to go there.

Also, will the fact that she has overstayed in the United States play
as a factor when she applies for a UK spouse visa?[/quote]

Not in law, and absolutely not for an EU family visa. A curmudgeonly
consul, or a gratuitously nasty one, can make a big deal out of it. She
may be able to leave the USA unnoticed, and return. Or maybe not -- she
could be excluded for 5 or maybe 10 years. If she comes to the notice
of the authorities. If you have the $$$ to do so, you may want to get
specialist advice.

If you can help/advise in anyway, it would be really appreciated. (We
intend to contact the Home Office/Ecuadorian Embassy for advice too)[/quote]

Never volunteer information to the Authorities unless it is (1)
necessary and (2) relevant.

Good luck.