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seattlekate

Advice needed, USC in the UK

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Filed: K-3 Visa Country: United Kingdom
Timeline

I am a USC visiting my husband here in the UK. We filed for our K3 visit in July and I came over the beginning of July and was planning on leaving early January. When I got here, the immigration officer asked my nothing, just stamped my passport. A few weeks ago we went to Europe for a week and upon returning at Gatwick I was taken aside and asked a million questions as to why I was here so long. I basically told them I was here for 6 months visiting my husband while his K3 visa is processing. I told her that I was going back in November for a visit then returning to the UK until the beginning of January (at that time I will have been here for 6 months). She got a major attitude and stamped my passport "leave to enter" with a date that I HAVE to leave by November 30. She said if I want to come back to the UK I must get authorization beforehand or they will deny me entry? I've contacted the US embassy in London and they have given me no help. I've contacted so many different people but no one has helped me. I am leaving in November for the USA but would like to come back in mid January (my jobs is a job where I work on the internet so I can work anywhere in the world) and stay for another two months. But what do I need to get back into the UK?

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I'm sorry to hear about your situation.

You should be allowed 6 months out of every 12 months. I believe it's the same thing as with US immigration - if they believe you won't leave before your allotted time, it's up to them to limit your time or not let you in. Being married to a UKC, staying for several months already, and no job based in the states can look like you plan to stay longer than you should.

I don't understand why she said you'll be denied entry in no uncertain terms if you return without getting authorisation beforehand - you haven't done anything wrong and don't plan to do anything wrong (the thing with your internet job is a bit tricky, but I don't think it counts as working in the UK as I'm assuming it's a US company and you're paying US taxes the normal way as you're still technically living in the US and just visiting the UK for a long time). Have you spoken to anyone at a British consulate in the states?

It seems a waste of money, but if you want to be absolutely sure of your ability to re-enter the UK without any hassle, you could apply for limited leave to remain (aka the spousal visa). It's 500 GBP, but it's easy to obtain. Takes one day in person at a British consulate or a couple weeks by mail. You would do it when in the states between visits.

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24 Feb 2007 - Sent I-130 to London USCIS office (I'm the petitioner)

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30 Jan 2008 - Fly to Michigan!! :)

*Note: Any delays in our case are only due to us taking things slowly

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Filed: AOS (apr) Country: Scotland
Timeline

I would contact the British embassy when you are back and see if there is a visa you can obtain that would eliminate any problems. It might cost, but if you want to ensure that you can see him...it might be worth it.

2005 Aug 27 Happily Married

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