My Fiance Overstayed UK W/Student Visa Exp/K-1 Approved Embassy Aware of Expiration

[VisaParaUnSueno 9]

Hello Fellow VJ's

My Fiance overstayed his student visa that expired 2 weeks before our interview. We were honest and emailed the Embassy in the UK about our concern and asking for advise on what to do before our interview. They stated that as long as he was physically present in the UK he could have his interview there. On the day of the interview they did ask him about his student and they wanted to confirm that he was aware.He stated yes we asked the Embassy about this issue before & he showed the first representative that called his name. My Fiance asked if that would affect his visa in the U.S. the official said the person interviewing him should make the final decision but since we were honest about it from the beginning it shouldn't be a problem. My Fiance overstayed b/c of the interview and no other malicious reason, as well b/c this was advised. He also didn't want to renew his student visa and pay over 5000 pounds for a school he would not attend since he would come here and only intention to get married here. His visa to leave the UK was approved on Oct 18th and it expires on Feb 15th also we are thinking for that same reason; we thought normal time would be 6 months.

Will he have a problem to leave the UK at the airport, even though the US Embassy was aware they still issued the visa, and they were ok with it? We are concerned about that and he obviously has proof of the date of issuance and proof of the emails coming from the US London Embassy as proof. He bought his ticket and will leave soon! Obviously he needed sometime to prepare himself and get everything ready to leave has he has lived in the UK for more than 3 years. Can you please advise if he can leave back home to Morocco and travel from there instead of staying longer in the UK? or...

Can anyone advise in this situation?

I appreciate all the help! Thank you

[LARRY15 0]

hi!, u dont need be worried. i was over stayed my student visa too.if he wana go to morocco let him go.

[KayDeeCee 4,893]

Not sure I understand what might be the issue here. His K-1 will be used to enter the US when he decides to use it, anytime before it expires. It is not needed to leave the UK or enter Morocco. He can travel back home before moving to the US and entering with the K-1 visa before Feb. 15th.

[VisaParaUnSueno 9]

hi!, u dont need be worried. i was over stayed my student visa too.if he wana go to morocco let him go.

Thank you what is your country of origin and how long did you overstay? They didn't question you in the airport when leaving the UK?

I appreciate your response.

[VisaParaUnSueno 9]

Not sure I understand what might be the issue here. His K-1 will be used to enter the US when he decides to use it, anytime before it expires. It is not needed to leave the UK or enter Morocco. He can travel back home before moving to the US and entering with the K-1 visa before Feb. 15th.

He overstayed with his student visa in the UK when it had expired; he is not from the UK he is from Morocco. He was thinking he would have an issue at the airport when leaving the UK and they would not let him leave or give him trouble...

Edited November 9, 2013 by VisaParaUnSueno

[Boiler 45,519]

Lots pf people overstay Student Visa's, not an issue.

[Nich-Nick 3,354]

He overstayed with his student visa in the UK when it had expired; he is not from the UK he is from Morocco. He was thinking he would have an issue at the airport when leaving the UK and they would not let him leave or give him trouble...

I wanted to comment that his UK student visa is between him and the UK government. The US embassy didn't give him "permission" to stay in the UK. They can't. They are the US government and have nothing to do with his UK student visa. They interviewed him because he was still present in the country to attend.

Also a comment on this--

His visa to leave the UK was approved on Oct 18th and it expires on Feb 15th also we are thinking for that same reason; we thought normal time would be 6 months.

He didn't get issued a visa to "leave" the UK. It is a visa to enter the US by Feb 15. It is shorter than the six months you expected because the six months starts from the day of his medical exam.

His US visa good until Feb 15 does not have any privilege with the UK government and the fact that he no longer has permission to be in the UK. If they decided to find him and make him leave their country today, they could. But it is unlikely they are that efficient.

[VisaParaUnSueno 9]

I wanted to comment that his UK student visa is between him and the UK government. The US embassy didn't give him "permission" to stay in the UK. They can't. They are the US government and have nothing to do with his UK student visa. They interviewed him because he was still present in the country to attend.

Also a comment on this--

He didn't get issued a visa to "leave" the UK. It is a visa to enter the US by Feb 15. It is shorter than the six months you expected because the six months starts from the day of his medical exam.

His US visa good until Feb 15 does not have any privilege with the UK government and the fact that he no longer has permission to be in the UK. If they decided to find him and make him leave their country today, they could. But it is unlikely they are that efficient.

Does this mean we have until Feb 15th to get married!? or the 90 days starts from the first day he arrives to the US?

Thank you much.

[VisaParaUnSueno 9]

Lots pf people overstay Student Visa's, not an issue.

Thank you we were honest and knew we might be taking a risk but honesty is better than lying. I appreciate your answer.

[Nich-Nick 3,354]

Does this mean we have until Feb 15th to get married!? or the 90 days starts from the first day he arrives to the US?

Thank you much.

He has to use the K1 visa to enter the US by Feb 15. When he enters, the Customs and Border Patrol will give him a 90 day entry. He must marry or leave by 90 days. If he marriees, he can stay past 90 days and apply for adjustment of status.

Thank you we were honest and knew we might be taking a risk but honesty is better than lying. I appreciate your answer.

I think you are still mixing countries. His overstay in the UK isn't really a US embassy issue. He isn't in violation of any US law. They don't enforce UK laws. A risk would be being honest with the UK Border Agency telling them you plan to overstay because of an important appointment two weeks after the student visa expires and asking if that's okay with them.

[Brit Abroad 166]

Unless he's committed a crime (overstaying a student visa doesn't really fall in that category) and comes up on a watchlist or a no-fly list, he will have no problems leaving the UK. He's been issued a visa to enter the US, so he should be fine to either fly to America from the UK or from Morocco (if he chooses to go home and spend some time with family and putting his affairs in order before coming to live in the US).

Good luck for the future.

Edited November 9, 2013 by Brit Abroad

[LARRY15 0]

Thank you what is your country of origin and how long did you overstay? They didn't question you in the airport when leaving the UK?

I appreciate your response.

i'm a nigerian,i over stayed my uk student's visa more than 6 weeks,no question , i came through heathrow airport.

[SoCalMark 49]

Isn't it amazing that we have to have strict visa laws for Great Britain but not Israel ?? Talk about "back pocket" !!

[VisaParaUnSueno 9]

Unless he's committed a crime (overstaying a student visa doesn't really fall in that category) and comes up on a watchlist or a no-fly list, he will have no problems leaving the UK. He's been issued a visa to enter the US, so he should be fine to either fly to America from the UK or from Morocco (if he chooses to go home and spend some time with family and putting his affairs in order before coming to live in the US).

Good luck for the future.

Thank you for ur answer! Makes us feel less stressed and worried... Well he bought his ticket to leave from UK so going to Morocco will have to wait, he wants us to go together and visit fam... I just feel bad for him he hasn't seen them in person for over 3 years

i'm a nigerian,i over stayed my uk student's visa more than 6 weeks,no question , i came through heathrow airport.

Thank you good luck to you and hope you enjoy your stay in the US.

God bless.

He has to use the K1 visa to enter the US by Feb 15. When he enters, the Customs and Border Patrol will give him a 90 day entry. He must marry or leave by 90 days. If he marriees, he can stay past 90 days and apply for adjustment of status.

I think you are still mixing countries. His overstay in the UK isn't really a US embassy issue. He isn't in violation of any US law. They don't enforce UK laws. A risk would be being honest with the UK Border Agency telling them you plan to overstay because of an important appointment two weeks after the student visa expires and asking if that's okay with them.

yes thank you