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Howard, Immigration Lawyer
Category: UK Immigration Law
Satisfied Customers: 459
Experience:  Senior Partner with nearly 20 years experience in UK Immigration Law.
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I have no criminal history. But as of recent, the IRS filed

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I have no criminal history. But as of recent, the IRS filed a $70,000 lien on my 2007 earnings... I've been paying it slowly and plan to continue paying it (my goal is to pay it off completely within the next year or so).

It was the lien that made me think twice on if I should even apply for a fiance visa as the alternative route would be for him to live in the U.S., though that is really not convenient for us, but a last resort. So I've held off on the fiance visa application as to not complicate things.

My next question is this. Before I received notice that the IRS filed this lien, he sent all of his information to me via post, but now his banking statements are over a month old... do I need to ask him to resend everything with the most current dates?

Also he owns his own business, his tax returns show he makes over 100,000 pounds a year, I didn't know if that would be a problem either (self-employed), he doesn't seem to think so.

His one concern is this, he was born in Bangladesh, but has been a citizen of the U.K. for 37 years (he is 43), and I think his concern is that of our swift relationship and our ethnicities, I'm caucasian, he's south Asian.

However I could mail a box of pictures, letters, Et Cetera proving the validity of our relationship.

Plus I've met his family, closest friends, and business partner, with dated letters confirmation our relationship, though he has yet to 'meet' my family as of the moment.

We just don't want to mess this up.

And timing is something else we are concerned about too... we will be making our official wedding arrangements after Christmas, wedding to be taking place in Hawaii a year from now.

Should we wait for receipts of this to strengthen our case?

The only reason why we are trying to push this through is to make an easier transition for my children and school. But if we have to wait another six months for a move, then we can wait.

Thank you,
If you would like my advice for further questions then please start them with 'For Howard ONLY' - in this way we can ensure that there is continuity (unless of course you want someone else).

Remember that a Fiance visa is valid only for 6 months and it cannot be extended. The purpose of the visa is to come to the UK for up to 6 months, marry during that time and then switch to a Spouse visa after marriage but within the 6-month visa validity period. If you are not going to marry for 1 year then the Fiance visa might not be suitable for your purpose.

A self-employed person needs to evidence the most recent tax period which you would expect to be for the tax year ending April 2013.

Guidance for this can be found in section 9 of the following document:

Many self-employed people make a mistake with this. Also many people who work through their own Limited Company class themselves as self-employed but there are specific requirements for them and they are not really self-employed. Guidance should hopefully be quite clear in the document linked above.

Receipts for a wedding would certainly help but not of course if the wedding date planned would not allow a Spouse visa application to be submitted within the UK within 6 months of the requested start date of the Fiance visa.

If it is possible to settle the lien before applying then that would not hurt matters but if you do not have a criminal record and have not been made bankrupt then you should be ok. A Spouse visa will generally have a lower chance of refusal than a Spouse visa.
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