Re: US citizen had baby in UK on tourist visa, need advice..

This is going to be tricky. I think there is little doubt that she has to go back to the States, and even then it is not easy to get a visa. How long has she been here? She cannot stay for more than 6 months (out of any 12) on a visitor visa, unless there are truly exceptional circumstances. If she has not stayed that long, she may be able to get another visitor visa after a trip to Europe.

You really should apply for a fiancee visa in the States. But she will need to be divorced to qualify, and you need to prove sufficient accommudation and reasonable finances. Changing from a visitor visa in country is not usually possible (unless you happen to have another European citizenship).

BTW: did you apply for a passport for the baby?

Tom

 

Re: US citizen had baby in UK on tourist visa, need advice..

Did I mention that whatever you do, she should not overstay the visa? It could get her into serious trouble, and ruin any chance of immigration for quite a while.

So I think she has to go back, wait for the divorce, and apply for a fiancee visa. In the mean time you have to sort accommodation, finances etc. You can live with family if there are enough rooms in the house, but you need to be able to provide for your spouse otherwise.

You could also apply for a visitor visa extension, but you should ask an expert what the chances are. If the refusal takes a while, she may become an overstayer retrospectively. And starting October there will be a mandatory 1 year ban on overstayers.

Still: good luck, and I hope you get everything sorted.