donnabryan

Hubby and I were living in Scotland - I went through the Perm Res process but during that time I was still working in the US and travelling back and forth. I'm a pilot and went through 2 or 3 times a month and never gave a thought to not getting in the country. Never did have a problem. Then was there continuously for 2 years while we had a baby.

So, we had to leave the UK - no jobs in my industry and hubby's job was washed up. I found one ine Minneapolis so we moved. Hubby came over a few months later and as we set up a house, finished my training etc we got to the end of the 90 days of the VWP - but didn't overstay.

Hubby went home and came back 10 days later - detained and almost deported. Just told the truth - we hadn't gotten around to applying yet...

After a supervisor's intervention he was stamped for another 90 days. WHEW! He's a stay-at-home dad and we would have been in big trouble if he got deported. Despite what most people think, the first year pilot pay at a regional is terrible and I wouldn't have been able to afford child care. That's another story.

This all happened yesterday and now we're getting on the application process! We're applying for the AOS from the VWP - love all these acronyms!

Elvira

Applying for what?

You don't say.

ljaw2002uk

The OP is planning AOS from VWP.

Elvira

You think so

Surely not!

ljaw2002uk

Yes, this is based on a response to another thread.

lansbury

This has a good possibility of going south very quickly. Get some professional advice before you do anything. You could have a real problem showing he had no intent to stay and adjust when he came in on the vwp.

ian-mstm

I don't want to ruin your evening, but if the AOS is denied for any reason whatsoever, he will be deported. There is no appeal process when entering the US on the VWP.

Ian

donnabryan

If we're denied the AOS - do you have the option of starting over and going the Consular processing route?

For us, it would't be a disaster - I would commute to work from the UK like I did before until this got sorted out.

ljaw2002uk

I am curious, if separation isn't that much of an issue, why didn't you just go the I-130 route? Instead of the very risky AOS from VWP?

Michael

First of all, he wasn't almost deported but was almost refused entry (big difference). Now that they let him in for another 90 days, a note was likely made on the computer. In my opinion, trying to adjust status will likely fail because of that incident or the inability to prove that he didn't have an intent to remain and adjust status.

Noorah101

It is illegal to enter the USA as a visitor with the intent to remain and adjust status, which it sounds like he did.

If his AOS is denied, it could mean a permanent ban from the USA.

Have a consultation with an immigration attorney quickly, before you file anything.

Rene

ian-mstm

Yes, assuming he doesn't receive a ban for entering the US on the VWP with the intent to stay to adjust status... because that's illegal.


Well then, it sounds like you've got all the bases covered. No worries, eh?

Ian

Noorah101

Maybe, maybe not. It will be up to the officer who adjudicates the AOS.

But would it be OK to relocate and move to the UK again if he gets a permanent ban from the USA?

Rene

Noorah101

Donna, have you read this important thread yet? http://britishexpats.com/forum/showthread.php?t=651746

Rene

donnabryan

The relocation would be a big hassle but not a disaster. It would mean I wouldn't see my child very often - or spend my entire salary on childcare until hubby can come back. It's an emotional hardship but not an impossible situation.

We just didn't look into all the Visa issues because my process went so smoothly, we were stupid about Hubby.

We will find counsel and see what the experts say. Hubby may just have to go back and do the process from the UK to make sure there will be no bans.

No worries is an understatement. Lack of sleep has already begun regarding this issue.

My husband probably will not work again in the salaried world (doesn't want to)and I'm the breadwinner. I have to do everything to keep my job. That's the big deal. We're older and have a baby and in a precarious financial situation - so yes BIG WORRIES! But if we have to separate because of our stupidity then that's what we have to deal with.

It won't end our marriage but it will impact the life of our child's relationship with one of us - for a short time we hope.

I didn't mean to sound cavalier - in the last week we've had three close family members find that they have late stage cancers and our possibility of separation seems less harsh than other things that could happen to us.

Thanks for all the advice and I'm sure I'll have more questions!

Cheers,
Donna