KentuckyGirl

Hi, I've been reading this blog for quite some time, many thanks to all.

I am a USC, living in Scotland with my husband, I came over to the UK on a fiance visa, we got married, I was granted temporary leave to remain for two years. That expiry date was June 30, 2012. Earlier this year we decided that we definitely wanted to move our family (twin boys, 1 yr. old in 2 weeks) to America. We filed our I-130 back in April, got letter of approval July 12th, medical is booked August 14th, readiness etc sent today (Aug 6th).

Now, in June I sent away my application the the UK Home Office for Indefinite Leave to Remain, along with payment details for the nearly 1000 pounds it costs (on top of all of these costs for hubby's US visa) but we thought it was the best thing because then I would be able to always live in the UK if we ever moved back etc. Took my Life in the UK test, etc, all was fine.

Last week, 6 weeks after sending my app to the Home Office, I received the entire package back in the mail, apparently the bank did not allow the payment to go through, and they said my app was invalid (fair enough). Still unsure what happened with the bank, but that's the least of our worries now really. I assumed I would just have to send the app back and ensure the payment would be authorized by the bank, but decided to call the advice line first. The guy so very casually said to me, "well, technically now you have overstayed your visa, so we would advise you to leave the country and make your application from outside the country." He said that they were not obliged to process my app now that I had overstayed (even though I hadn't overstayed when I first sent it). Anyway, so spent a really horrible 24 hours freaking out, not knowing what to do etc.

The next day I called the advice line again, a different person then told me to do what was on the letter, not to worry about what the other person had told me, said that if the letter said to reapply then do that. They did say obviously if you don't reapply you will have to leave the country, but if you send the app back you should be fine. So at the time this is what we had decided to do, send it back (along with all of our passports, marriage certificate etc.)

The next day was when I was going to mail this app back to the Home Office, and this was the day we received the case number for hubby's visa at the London embassy. So the problem now is that he will need his passport for his interview, and marriage certificate. Even though we don't have a promise everything will be okay, we have a pretty straight forward application, I have everything in place for the interview etc, and we had planned to leave as soon as he got it anyway. So after several days of deliberating, we decided to not send ILR app back for me, that we would just go forward with his green card app and just leave as soon as we can, even though it means I am an overstayer. I have read and reread the UK home office website about overstaying penalties etc, and I know that whenever we do leave, I will be able to make the application from the US and shouldn't have trouble getting it, if the situation did arise that we wanted to move back.

I guess I'm just looking for advice and thoughts, do you think this was the right thing to do? I am aware that I could go ahead and go to the US (which we did consider an option) but really don't want to split our family up as we really need each other, as I said earlier we have twin babies and it would be quite a challenge traveling on a plane with them by myself. Plus, knowing that we are very close to getting his green card, if we sent away my ILR application, it could be another 6 months to a year before we could even send away the readiness form, which I just cannot imagine staying here another year.

So sorry for this long post but any thoughts would be much appreciated, thanks

Noorah101

Immigrant Visa, not green card.

Immigrant Visa, not green card.

As for the rest of your questions, that has more to do with a USC going to/living in the UK, so you'd be better off asking them over at www.uk-yankee.com. This forum is specifically for going to/living in the USA. Not everyone here has experience going the other way around.

Welcome to BE.

Rene

KentuckyGirl

Thanks for the correction, I do understand that he doesn't get his Green Card until after arriving in the US - probably was writing faster than my brain was processing. That's a good point about the other forum, may try that. Although from what I've read there are some USC's on this forum that live (or did live) in the UK with their partners, which would suggest that they have been through the process on the other side. Regardless, if there is anyone who has thoughts/suggestions I would still appreciate them

Noorah101

No problem, doesn't hurt to ask. Was just pointing you in a direction to get better answers. That site has a forum similar to this one, for USA to UK peeps.

Rene

KentuckyGirl

I do appreciate it, thanks!

lansbury

I know there have been recent rule changes, but I didn't think this was one of them.

ILR expires if you have been out of the UK for more than 24 months. Only citizenship allows you to come and go as you please indefinitely. Unless the rules have changed, so please double check what I've posted to make sure. Could be a waste of a grand.

KentuckyGirl

Thank you, this is exactly what I'm thinking now. I don't think I was thinking much about it when we sent it away at first, I probably should have applied to extend my stay by two years, but that one costs over 500 anyway so we just decided to go for ILR, but as you're saying that - I'm realizing now it wasn't the right visa to apply for since we were planning to move back to the US so soon.
My head hurts with visa information - on both sides of the Atlantic.

Belle1986

We're in a similar situation, my husband is here on his 2 year spouse visa. When that expires, April 2013, we will apply for ILR. Then for spouses the requirement is residing in the UK for 3 years (unless they change it, which they were considering.) So 1 year after he gets his ILR we will apply for his citizenship.
We wont even consider moving to the US until this process is complete.

I guess you're lucky the bank payment didn't go through because ILR would not be really any use to you residing in the states!

KentuckyGirl

Thank you Belle, that's really helpful, I suppose I am glad now. However, what do you think about the overstay part of it? I don't like the fact that technically I am an overstayer but most definitely not because I intended to be - it just is what it is now, and we are trying to leave "as soon as possible" which is what my advice was...

holly2234

Im no expert but "as soon as possible" is very easy to prove if its just for arguments sake. Your husband is going through the visa process (and is near the end!) so you will be leaving when his passport gets delivered back to him with the visa in it. You will have probably only overstayed 3ish months. Its not like you overstayed for 2 years just because you felt like it.

I dont think this will be a problem for you in the future Good luck to you and your family.

Belle1986

With spouse visas I'm not sure that a short overstay is really a concern to immigration. Are you worried it may present a problem if you try to move here again in the future?
Just a thought though: If you are currently working, I think you would be doing so illegally now.
How was the 'Life in the UK' test btw? I thought I read somewhere before that countries where English is the main language US, Australia etc didn't have to do so?

ian-mstm

I have nothing to add beyond what has already been said... I just wanted to say hi since it seems you're from Kentucky, and that's where I now live - Ashland, on the north east side of the state.

Ian

KentuckyGirl

Thanks Belle and Holly Those have been my thoughts as well, but just wanted to get a few other opinions mostly just for my own peace of mind and out of curiosity. I really do believe now that we're doing the right thing, especially considering our main goal is to move to the US as soon as possible.

Regarding the Life in the UK test, it wasn't too hard - but you do have to study, it's just memorizing a lot of information out of a book. It is a requirement, regardless of coming from an english speaking country, for the ILR. But now I've wasted the time studying, plus the 50 pounds but at least I didn't waste 1000. At least it is a requirement for the set (M) form that I filled out for the ILR.

Ian - Hi! Yes I am from Madisonville, in western KY originally, went to the University of Kentucky in Lexington for my undergraduate degree, and we intend to live in Lexington eventually after we move. I do miss KY, although I find that the scenery is much like that here in Scotland where I've been for 2 and 1/2 years. Not the weather though!

Glad I joined the forum and this has been very helpful, thanks to all!

ian-mstm

Apologies to the moderators for the OT post...

My wife and stepchildren all graduated from UK, and Sheila and I would move to Lexington in a heartbeat if we could. I agree with your comment about the scenery. I was born in Glasgow and, just a few years ago, Sheila and I returned for a few weeks. It's changed quite a bit, but Edinbugh was as lovely as always... very much like KY.

Welcome to BE!

Ian