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Married legaly but need to visit uk

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Old Oct 29th 2009, 11:24 pm
  #16  
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Default Re: Married legaly but need to visit uk

Originally Posted by fester001
Hi,
I came to the USA from the UK late last year to visit a woman I had been talking to and emailing for some time.
We decided to marry within the 90 day Visa Waiver and contacted the relevant authorities to inform them and to confirm that I was legal to stay which they did confirm but advised me to complete the change of status forms at my earliest opportunity which I fully intended but during this period my finances suffered terribly (collapse of investments etc) and am now broke and cant afford to submit the forms.
We have decided that I need to return to the UK to try & get my finances together in order to achieve this. I estimate I will be there for a couple of months.
Will I have any problems re-entering the country in order to successfully make things final.(I will be taking my marriage certificate with me for any confirmation issues).
I recently had a friend recommend that we get divorced and then return to start it again when I have the finances sorted as so much time has passed! I do not consider an option!
Any advice will be greatly appreciated my only concern is any re-entry problems.
Good morning:

In reading your question, I have a question for you. Where do you plan to be between the end of your two months in the UK and your eventual return to the US three years after your departure? One curious mind would like to know.
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Old Oct 30th 2009, 12:38 am
  #17  
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Default Re: Married legaly but need to visit uk

Originally Posted by discoviking
Since OP stated he entered late last year, it would seem he is already out of status and has been unlawfully present here long enough to trigger a ban once he leaves.
Yup... you're right. I missed the "late last year" in the OP. Thanks for catching it!

Ian
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Old Oct 30th 2009, 8:21 am
  #18  
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Default Re: Married legaly but need to visit uk

Folinskyinla,

Well it rather looks like I will be stuck back in my old home in blighty for a while!! unless I do a "yosser Hughes" on them and change the "gissa job" for "gissa Visa" or similar until they give in!

But more seriously, as it seems as though I am in for the ban if I go back when does the 3 years start? from the point my VW had expired or from when they see that I get on the plane to leave?

I would also like to take this opportunity to thank everyone for their input albeit not what I wanted or expected to hear! But thanks anyway.
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Old Oct 30th 2009, 8:56 am
  #19  
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Default Re: Married legaly but need to visit uk

Originally Posted by fester001
Folinskyinla,

Well it rather looks like I will be stuck back in my old home in blighty for a while!! unless I do a "yosser Hughes" on them and change the "gissa job" for "gissa Visa" or similar until they give in!

But more seriously, as it seems as though I am in for the ban if I go back when does the 3 years start? from the point my VW had expired or from when they see that I get on the plane to leave?

I would also like to take this opportunity to thank everyone for their input albeit not what I wanted or expected to hear! But thanks anyway.
You're still considering going back home and incurring a possible ban and having to remain outside the USA for 3+ years, rather than try to adjust your status now in the USA? Why?

Rene
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Old Oct 30th 2009, 9:03 am
  #20  
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Default Re: Married legaly but need to visit uk

Originally Posted by fester001
as it seems as though I am in for the ban if I go back when does the 3 years start? from the point my VW had expired or from when they see that I get on the plane to leave?
The ban starts the day you depart the US of A.
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Old Oct 30th 2009, 9:36 am
  #21  
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Default Re: Married legaly but need to visit uk

Hi Noorah101,

There is a couple of reasons I was still considering I have a 12 year old daughter that has been begging me to go back and at the moment in this climate I felt as though I have been in a catch 22 situation the $1500 I need i dont have and cant earn it without the dreaded temp green card!
I to am in Phoenix, your bloody sheriff has has made it damn near impossible to even make some on the side! to save up thank god for ebay! (anyone want to buy a lung or kidney lol)
As a final thought I was thinking a 3 year ban is better than a 10 year one, but at the same time I dont want to be separated from my wife for 3 years and I do so love Arizona the weather, the people, everything, the British have a lot to learn about friendliness and attitude. I have had nothing but a warm welcome from everyone I have encountered inc the police!!! It is only the petty beaurocracy that has now become my problem.
I suppose it is a case of "there is no fate but what we make"!
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Old Oct 30th 2009, 9:56 am
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Default Re: Married legaly but need to visit uk

fester, first of all, does your wife earn enough to complete an I-864 for you?

If so, seriously consider what it would take to raise that $1500 without leaving the US. There are a lot of creative-minded types around here who might have ideas you haven't considered.
I don't' want to pry, I know you have your reasons, but I'm not sure you understand the consequences of leaving. You don't have to tell us, but you should tell someone; there may be a solution for you yet.

This isn't petty bureaucracy; it's important business that needs to be taken care of.
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Old Oct 30th 2009, 10:49 am
  #23  
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Default Re: Married legaly but need to visit uk

Originally Posted by fester001
the $1500 I need i dont have and cant earn it without the dreaded temp green card!
Just to clarify, it's a conditional green card, not a temporary one, and until your particular case has been adjudicated via the "petty bureaucracy" there is no guarantee that you will even get that one. People who travel and marry under the VWP always run a bigger risk than those who use other visa avenues.

Are you sure that you have incurred the 3 year ban and not the 10 year one? Just something to consider if you do decide to go back to the UK. If you can provide a date of your arrival, we should be able to tell you definitively.
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Old Oct 30th 2009, 10:51 am
  #24  
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Default Re: Married legaly but need to visit uk

If your wife has a vehicle and it is free and clear, then she can get a loan against it as collateral. What about jewelry? Some gold or precious gems that can be sold. If have the funds to buy the plane ticket out of the US then you have about 1/3 of what you need for filing. Any family or friends that you can hit up in the UK for the time being to fund your filing? A mother, brother, sister, best mate. Do you own something in the UK that someone can sell for you and send you the money? Do either of you have a credit card to borrow against? What about a line of credit at the bank where she has a checking account? Sell some furniture, i.e. the living set, big screen tv, patio furniture. Be creative.
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Old Oct 30th 2009, 10:53 am
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Default Re: Married legaly but need to visit uk

Originally Posted by Michelmas
Are you sure that you have incurred the 3 year ban and not the 10 year one? Just something to consider if you do decide to go back to the UK. If you can provide a date of your arrival, we should be able to tell you definitively.

He came to the US the end of last year. So he has a bit least than a year in the US, 90 days of which he was in status. So his overstay would be from 9 to 11 months. Definitely not a 10 yr ban.
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Old Oct 30th 2009, 11:15 am
  #26  
 
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Default Re: Married legaly but need to visit uk

Originally Posted by fester001
There is a couple of reasons I was still considering I have a 12 year old daughter that has been begging me to go back
Is your daughter in the US or in the UK?
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Old Oct 30th 2009, 1:54 pm
  #27  
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Default Re: Married legaly but need to visit uk

Originally Posted by fester001
a) There is a couple of reasons I was still considering I have a 12 year old daughter that has been begging me to go back

b) the $1500 I need i dont have

c) I was thinking a 3 year ban is better than a 10 year one

d) I dont want to be separated from my wife for 3 years
a) Which is worse? Not seeing your daughter for 6 months or your wife for more than 3 years? Or EVER (if the visa thing all blows up in your face)? I take it you love your daughter much more than your wife?

b) It's not that much. I know it feels like a lot. But it isn't. Put your air fare towards it and it's down below $1k already. Beg or borrow.

c) I can't believe you're even entertaining the idea of leaving.

d) Had you considered that your wife may not wait for you if you go? Sounds harsh I know...you're in love right now....but after even a few months apart things will get strained. Do you want to risk it? Big risk.

Don't be silly. Or do you want an excuse to get out of the marriage? That's the only reason I can see that you're even considering leaving the country.

I don't mean to be offensive. But you sound like you need shaking into reality.

Last edited by BritishGuy36; Oct 30th 2009 at 1:58 pm.
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