This is a bit of a complicated subject but I'm going to see if anyone has some infomation for us anyway. We tried to look it up but can't find anything that could help, so I'm asking for personal experiances. My friend has asked me to post this:

'My husband and I have been married almost 3 years now. We've been living together, and although I filled out the forms he did not apply for his status here because of unforseen circumstances. But he did not enter knowing he'd be staying.

We decided that we should go back to the USA and I'd apply for a visa, so everything can be legit. But we realise that we will have to seperate for a certain amount of time. Initially for him to get into college to have a stable income and then for the visa to be processed.

I realise that what we did was stupid, we should have done it the right way. We have a 2 year old daughter and want a more stable way of life. He couldn't work because he didn't have the paperwork, so he's been stuck around the house this whole time. He has not worked at all here, I supported him.

He is scared to go back because he thinks that he might get arrested at the airport and thrown in prison. He's also worried it might affect my elegability to get a visa if he outstayed, although I told him that it wouldn't. Our daughter is a US citizen. Obviously because we have a child we would like to do things the proper way. I would get a job in the US, but I was going to take my degree until all this happened. In short, he just wants to go home.

My father in law is $3000 bellow the poverty line to support 4 people (himself, husband, my daughter and I) as he intended on living with us and said he could cosponor. So I couldn't apply for my visa when they get back until my husband has gotten a job/somewhere to live etc. We don't have any savings as I used them up supporting a family.

I know the waiting list is around 9 months now to get a visa for the USA. I will stay in England for this time while my husband files. But I'm worried about how it will work. Especially since their is a child involved. I wish we'd have sorted this out sooner, but my grandmother got Cancer and I was their official carer until January. She is extreemly ill and we stayed here because she didn't want me to leave.

Can you please post this and see what responses or advice you can get? I know you know a lot more than me about these type of things and where to look.'

Your friend needs to post directly. It's hard enough getting the facts without having them diluted by third parties.

This was the message she sent me that she asked me to post.

Well, we don't like to play that game here, it's dangerous. She is welcome to join and post her story and questions.

It sounds like the US citizen needs to move back to the US and get himself together and get some income and housing going. The immigration business is going to cost roughly $2000.

Please ask her to come online and register herself, so she can answer the questions we will have for her, without going through a third party.

Thanks,
Rene

I apologize it was me that asked her to post, I didn't think it would be a problem, we were talking at her house so she used my email I'd sent her and just copied and pasted it. So we need $2000 for the imigration paperwork? Is that if I do the paperwork myself?

Hubby is concerned that he's going to get arrested when trying to go home. Second concern is how long he'll have to be apart from his daughter. Can I visit etc? Also wondering if the poverty guide line is based on adults? Does it include small children? I'd asume it did but my husband said to ask anyway.

Why would he get arrested? He hasn't committed any crime in the USA, has he?

If you stay apart throughout the whole process, he might have to be apart from his daughter around 8 - 10 months.

Yes, if you qualify to use the VWP, you can visit the USA. You might need to show ties to the UK, in case they ask at the POE. Having a USC husband in the USA, and a USC daughter does not help your visiting situation. It makes it seem as though you might immigrate on the VWP, so you will have to prove you do not intend to do that (of course only if they ask at the POE).

Yes, the $2,000 quote was if you do the process yourselves, without an attorney.

Rene

The poverty guideline is based on family size, which includes adults and any children in the family or household, or that you support, even if they don't live with you (i.e., child support).

Rene

Thank you. I'm going to start looking into everything we need to get sorted for him to go back home. Thank you thats what I thought about the poverty guidelines.

Well then can you untangle things? Who here is the US Citizen; who is the UK Citizen; where are you currently living; who is in overstay and for how long; etc.

Sorry. My husband is the USC, I am a UKC our daughter is a duel citizen. My husband has outstayed in the UK for just around 2 years I think probably a few months less than.

Oh and in regard to your question Noorah, No he did not commit any crime in the USA.

Ok then, that answers a few questions. He has no worries about being arrested. He simply needs enough money to get himself back over here, and setup shop to find employment. The one thing I would look at more deeply is the household size your FIL would need to support according to the I-864. I thought it only had to include that person + the immigrant. Your husband is not an immigrant, and neither is your daughter. It has been a long time since I read the instructions on how to determine who needs to be included, which is why I say you should definitely read that carefully as your FIL's income may be enough to sponsor you.

The one other thing I suggest that he does is to file his US taxes if he hasn't already. A USC has to file taxes on worldwide income no matter where they live. Now, that does not mean that he will have to pay any taxes. Indeed, since he didn't work he wouldn't have any income, but he should still file a 1040 showing zero income. He will need to show this as part of the I-864 even though he will not make enough to be your sponsor (unless he can find a job & wouldn't need your FIL). When filing the I-864, USCIS is most interested in seeing the current income but also like to see previous income as well.

You should also look into the ramifications of your husband having overstayed in the UK. If you should want to go back for a family holiday at some point, you need to make sure he is eligible to come back. If you had overstayed in the US by the same amount of time, you would have a 10 year ban from returning. I don't know if the UK has the same laws, so you should look into it.

If they were not living together than yes, SF, that would be true. However, if they will be living in the same household and no one but the father has income, then it needs to complete I-864A and the number in the household includes them all.

If they were not living together then he need only use himself (if that is the only person living in the household) plus his daughter-in-law.

I think the question might sound 'silly' to some of us who have been around too long.
But I'll out myself--I understand his concern because I overstayed in and EU country once and was concerned that I would be tagged by the letter of the law and fined on the way out of the country (which had exit controls).

The border agent was waving all the nationals through and was ready to do the same for me so he could go on a smoke break and then he saw the blue passport & got annoyed.
He stamped my passport, grunted and left.

In all the years I've been reading immigration stories, I've only come across one account of a person being fined (not arrested, they dont' arrest you) at the exit control.
I dont' personally think your husband should be concerned about what will happen to him when he exits the UK. Returning will be another story that I know nothing about.