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Senior Partner
Senior Partner, Solicitor
Category: UK Immigration Law
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Experience:  Solicitor
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US Citizen in UK marrying Brazilian Citizen

Resolved Question:

Hi, I'm a US Citizen currently residing in London, UK for work (Tier 2 General Work Visa). I recently proposed to my girlfriend who is a Brazilian citizen, she is here on a tourist visa which will expire in a few months time. Because I'm not a UK citizen nor a "permanent UK resident" can we apply for a fiance/spousal visa for her? What options do we have? I do not want her to be back in Sao Paulo, while I'm in London.  Also I will add, I'm in process of getting my tourist visa to go to Brazil, so based on the complexity of visa process etc... it'll dictate where we get married.
Also, I would like to apply for US immigration visa for her once we marry. Because I'm living abroad in London, can we apply for a green card for her? I'm currently still filing US taxes, have US bank account, etc...however, currently living overseas because of work. Thanks
Submitted: 4 years ago.
Category: UK Immigration Law
Expert:  Senior Partner replied 4 years ago.

If your fiancee is in the UK on a 6 month visitors visa then she cannot apply in the UK for a fiancee visa. She must leave the country and apply for a fiancee visa or appply to come as a spouse after you are married. It makes little difference in the sense that the things you have to establish for UKBA are the same for either application.I.e. that the reationhip is genuine that you will live together after the marriage and can support yourselves without recourse to UK public funds etc.


As to the US you will need to check with an US immigration lawyer but I believe you can apply for a green card after you are married.


I am currently travelling so it may be a little time (6 or 8 hours) before I can respond to any supplemental questions



Customer: replied 4 years ago.
Whats the estimated time frame in getting the spousal visa approved?
Expert:  Senior Partner replied 4 years ago.
Processing times vary depending upon the country in which the application is made. Generally the performance benchmark is 90 percent within 3 weeks but there are no guarantees
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