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Problem - Wanting to return, but..

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Problem - Wanting to return, but..

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Old Sep 14th 2011 | 2:27 pm
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Default Problem - Wanting to return, but..

Hello, I am a British citizen, I (one month ago) moved to the USA to marry my husband, which I did.

He's in the military, however he's come up against issues and is now looking at a dishonorable discharge. This is extremely bad for both of us, and naturally losing his job is going to have dire consequences. We have no-one to help us here, no family to help support us. I am also not in possession of a SSN, so I can't try to get a job to help us out (and it looks like I won't be able to get one for a while, either)

My mother back in England is willing to help us and support us, however she is disabled and so gets state benefits. I also have a lot of friends back in the UK who are willing to pitch in and generally be there for us. We have none of this in the states

Me and my husband are wanting to go to the UK and live there for the rest of our lives, however I'm very confused with the UK Border Agency website and I was hoping if people could help me find a solution...

1. Because he is now my husband, how would we go about getting him to be able to live in the UK?
2. Will he be able to come to the UK at all, considering I don't have a job in the UK and so can't support him?
3. What's the best time and cost effective way for both of us to be able to live in the UK?

I'm mostly worried because we can't really stay in the US, because he'll have a hard time getting a job which can support us both, and I can't work at all yet. And he's looking at losing his job within the next month, so I'm hoping (probably unrealistically) we can get to my mother's around about that time. We'll be homeless if we stay here...

If nothing is possible, then what long term options are there? I've come up with a few ideas, but if other people know of better ways of problems with what I'm suggesting then please please let me know!

1. What if I go back to the UK, and get a job that will support us both? Then I will be able to file for the normal visa for him? (If he stays in the US)
2. What if he got a job offer in the UK? Could he come and then be able to stay? Or would he be on a work permit and then have to file for permanent residency (for being my husband) at another time?

I have no idea about what we can do. We're desperate, and I really want to go home. I've been wanting to get back to the UK for a while, and now it looks like the best option for us, as we'll have support from friends and family

Also: Because he's lost his job does that change my K1-Visa? As he will not be able to comply with the affidavit of support, will I be deported anyway?

Please help!
 
Old Sep 14th 2011 | 4:42 pm
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Default Re: Problem - Wanting to return, but..

If you are now married within the 90 day window, then you have complied with the terms of your visa. If you have been here longer than days, and have not filed your Adjustment of Status (I-485) paperwork, you might be deportable but I'm not entirely sure since you don't have to file the I-485 within 90 days AFAIK.

I'm not a UK Spousal visa expert, as I'm fairly new to it all myself. A very good resource for a lot of your questions is www.talk-uk-yankee.com. Its a forum for Americans (or others) that want to immigrate to the UK.

Generally speaking, if you want to move together to the UK, then you will need to show financial support. You will need to pay for the visa (currently $1137). For approval, you need to show adequate accommodation and adequate finances. For accommodation, if you are going to be living with family: a)they need to provide a letter stating you can live there, b) proof from family that they own the place (if they own) or proof from the landlord that you can live there.

For the finances, it's a bit ambiguous as far as how much money is enough. The only guideline given is that you need to have ~£106per week after paying rent and council tax; but there is no guideline that says for how long a period of time you need to cover. Trying to move over with only Third Party Support, with neither of you having a job is considered the weakest form of evidence. If you had a job, that would strengthen your application considerably. My OH had to do this. He went over ahead of me in June to start a job, and I just applied for my visa today.

Unless he has a highly specialized skill, it would be difficult for him to go the migrant visa route. I also think that would be much harder, as there is no guarantee anyone would offer him a job. And that visa would not give him Permanent Residency very quickly.

You either need to go over ahead of him and obtain employment, or you need to have Third Party Support.

I highly suggest having a good read on the UK-Yankee forum as it's a big help to understand the process.
 
Old Sep 14th 2011 | 6:13 pm
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Default Re: Problem - Wanting to return, but..

Originally Posted by Bluegrass Lass
If you are now married within the 90 day window, then you have complied with the terms of your visa. If you have been here longer than days, and have not filed your Adjustment of Status (I-485) paperwork, you might be deportable but I'm not entirely sure since you don't have to file the I-485 within 90 days AFAIK.

I'm not a UK Spousal visa expert, as I'm fairly new to it all myself. A very good resource for a lot of your questions is www.talk-uk-yankee.com. Its a forum for Americans (or others) that want to immigrate to the UK.

Generally speaking, if you want to move together to the UK, then you will need to show financial support. You will need to pay for the visa (currently $1137). For approval, you need to show adequate accommodation and adequate finances. For accommodation, if you are going to be living with family: a)they need to provide a letter stating you can live there, b) proof from family that they own the place (if they own) or proof from the landlord that you can live there.

For the finances, it's a bit ambiguous as far as how much money is enough. The only guideline given is that you need to have ~£106per week after paying rent and council tax; but there is no guideline that says for how long a period of time you need to cover. Trying to move over with only Third Party Support, with neither of you having a job is considered the weakest form of evidence. If you had a job, that would strengthen your application considerably. My OH had to do this. He went over ahead of me in June to start a job, and I just applied for my visa today.

Unless he has a highly specialized skill, it would be difficult for him to go the migrant visa route. I also think that would be much harder, as there is no guarantee anyone would offer him a job. And that visa would not give him Permanent Residency very quickly.

You either need to go over ahead of him and obtain employment, or you need to have Third Party Support.

I highly suggest having a good read on the UK-Yankee forum as it's a big help to understand the process.
This is very helpful, thank you so much for your reply!

I think what you say about going on ahead and finding work may be the best option. It might not be the fastest and I'm scared how my spouse will cope but... This is better to know it's possible and a viable route

I'll check out that other site you suggested too

EDIT: The website doesn't exist, it keeps redirecting me to a search with no website of that name..

Last edited by MellowDee; Sep 14th 2011 at 6:18 pm.
 
Old Sep 14th 2011 | 6:32 pm
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Default Re: Problem - Wanting to return, but..

Originally Posted by MellowDee
This is very helpful, thank you so much for your reply!

I think what you say about going on ahead and finding work may be the best option. It might not be the fastest and I'm scared how my spouse will cope but... This is better to know it's possible and a viable route

I'll check out that other site you suggested too

EDIT: The website doesn't exist, it keeps redirecting me to a search with no website of that name..
Google is your friend. http://www.uk-yankee.com/

Sorry to read about your woes.
 
Old Sep 14th 2011 | 6:52 pm
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Default Re: Problem - Wanting to return, but..

What is your current visa status in the USA? Did you do an adjustment of status after you married?
 
Old Sep 14th 2011 | 7:22 pm
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Default Re: Problem - Wanting to return, but..

Originally Posted by Ozzidoc
Google is your friend. http://www.uk-yankee.com/

Sorry to read about your woes.
Thank you, now I will see what's on this site!

Originally Posted by penguinsix
What is your current visa status in the USA? Did you do an adjustment of status after you married?
No, I have not done AOS yet. I don't know what my current visa status is, I came in on the K1 so I think I'm still within my 90 day period, as I have not gone further yet
 
Old Sep 15th 2011 | 4:06 am
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Default Re: Problem - Wanting to return, but..

Sorry I typed the website in wrong! It was late last night!
 

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