very embarrassing problem...Visa waiver
Jul 25th 2008, 6:11 am
#1
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Thread Starter
Joined: Jul 2008
Location: Frederick Maryland
Posts: 25
very embarrassing problem...Visa waiver
hello cannot believe I am posting this but here goes (deep breath)
My husband is a US citizen by birth. I met him in England. We have been together over 10 years. We have 3 children 9,5 and 18 months.We moved here one year ago.July 16th 2007. I arrived here on a visa waiver as my husband had a sudden job offer and we had no time to process visa etc. Before the 3 months was up my husband sent paperwork off for change of status or permanent visa.His cheque bounced due to lack of funds.THey sent the paperwork back to us and 9 months later it is still sitting in our cupboard as my husband can not afford it.I am worried sick ;weeks have turned into months.My husband keeps saying next week he will deal with it. I am thinking of calling them up but am worried.My children are all citizens what if they chuck me out.I am a nervous wreck now. I must be illegal? It is making me so stressed!
I know this will sound stupid but my husband says if he pays this we will not be able to pay rent or bills or get food for a month. To top it all off my husband is a contract worker for the government!
Am I being too trusting here. I do not know my legal rights as long as I am with my children I do not care where I am.
Thankyou for any help.
My husband is a US citizen by birth. I met him in England. We have been together over 10 years. We have 3 children 9,5 and 18 months.We moved here one year ago.July 16th 2007. I arrived here on a visa waiver as my husband had a sudden job offer and we had no time to process visa etc. Before the 3 months was up my husband sent paperwork off for change of status or permanent visa.His cheque bounced due to lack of funds.THey sent the paperwork back to us and 9 months later it is still sitting in our cupboard as my husband can not afford it.I am worried sick ;weeks have turned into months.My husband keeps saying next week he will deal with it. I am thinking of calling them up but am worried.My children are all citizens what if they chuck me out.I am a nervous wreck now. I must be illegal? It is making me so stressed!
I know this will sound stupid but my husband says if he pays this we will not be able to pay rent or bills or get food for a month. To top it all off my husband is a contract worker for the government!
Am I being too trusting here. I do not know my legal rights as long as I am with my children I do not care where I am.
Thankyou for any help.
Last edited by peachleaf; Jul 25th 2008 at 6:13 am.
Jul 25th 2008, 6:15 am
#2
Joined: Apr 2002
Posts: 35,082
Re: very embarrassing problem...Visa waiver
hi peach,
Not all problems have a simple solution, but yours does.
This thread may devolve into personal topics; steel yourself -- the immigration information and other solutions will eventually come out.
Do you know enough about your household finances to know if you can put your hands on $2000? Can you make a plan to do so?
Not all problems have a simple solution, but yours does.
This thread may devolve into personal topics; steel yourself -- the immigration information and other solutions will eventually come out.
Do you know enough about your household finances to know if you can put your hands on $2000? Can you make a plan to do so?
Jul 25th 2008, 6:21 am
#3
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,687
Re: very embarrassing problem...Visa waiver
Hi Peach,
You can still file your adjustment of status (AOS) and remain in the USA. You should find a way to file the AOS paperwork as soon as possible, though, before you continue to stay out of status.
After a year here, surely he must have a credit card (to get cash from) or be able to secure a small loan? What about borrowing from friends or relatives, even ones back home? I know it's embarrassing to ask, and you don't want to rack up credit debt, but your immigration is VERY important. As meauxna says, you'll need to get about $2,000 to cover AOS fees and medical.
Best Wishes,
Rene
You can still file your adjustment of status (AOS) and remain in the USA. You should find a way to file the AOS paperwork as soon as possible, though, before you continue to stay out of status.
After a year here, surely he must have a credit card (to get cash from) or be able to secure a small loan? What about borrowing from friends or relatives, even ones back home? I know it's embarrassing to ask, and you don't want to rack up credit debt, but your immigration is VERY important. As meauxna says, you'll need to get about $2,000 to cover AOS fees and medical.
Best Wishes,
Rene
Jul 25th 2008, 6:25 am
#4
Just Joined
Thread Starter
Joined: Jul 2008
Location: Frederick Maryland
Posts: 25
Re: very embarrassing problem...Visa waiver
hi peach,
Not all problems have a simple solution, but yours does.
This thread may devolve into personal topics; steel yourself -- the immigration information and other solutions will eventually come out.
Do you know enough about your household finances to know if you can put your hands on $2000? Can you make a plan to do so?
Not all problems have a simple solution, but yours does.
This thread may devolve into personal topics; steel yourself -- the immigration information and other solutions will eventually come out.
Do you know enough about your household finances to know if you can put your hands on $2000? Can you make a plan to do so?
I feel quite shaky writing this as not usually the sort to talk about problems in public!
I worked in England but before we left we paid off a few bills and do not have any savings.
We were very surprised how much the cost of living has gone up here. we try to keep to the bare minimum.Rent,utility bills groceries-just basic healthy stuff for children.We seem to be worse off here than in the U.K which was a big shock. My husband just had to get new tyres and battery for car as otherwise he would not be able to get to work. A bit rural here.
My husband is a bit old fashioned and probably has too much pride. I feel bad for him as he works hard and really does not have much to show for it.
Do you think they would accept a payment plan?.Do not understand why he has not asked maybe i must be silly to leave it so long.I did not want to seem like nagging but I am scared now as it has gone on too long.
Jul 25th 2008, 6:31 am
#5
Just Joined
Thread Starter
Joined: Jul 2008
Location: Frederick Maryland
Posts: 25
Re: very embarrassing problem...Visa waiver
Hi Peach,
You can still file your adjustment of status (AOS) and remain in the USA. You should find a way to file the AOS paperwork as soon as possible, though, before you continue to stay out of status.
After a year here, surely he must have a credit card (to get cash from) or be able to secure a small loan? What about borrowing from friends or relatives, even ones back home? I know it's embarrassing to ask, and you don't want to rack up credit debt, but your immigration is VERY important. As meauxna says, you'll need to get about $2,000 to cover AOS fees and medical.
Best Wishes,
Rene
You can still file your adjustment of status (AOS) and remain in the USA. You should find a way to file the AOS paperwork as soon as possible, though, before you continue to stay out of status.
After a year here, surely he must have a credit card (to get cash from) or be able to secure a small loan? What about borrowing from friends or relatives, even ones back home? I know it's embarrassing to ask, and you don't want to rack up credit debt, but your immigration is VERY important. As meauxna says, you'll need to get about $2,000 to cover AOS fees and medical.
Best Wishes,
Rene
Unfortunately my husband is in a pickle concerning credit cards so that is not an option.Plus my husband's job would be on the line if he really got out of his depth financially.At the moment he is borrowing Peter to pay Paul. My family in England would not have any spare money either. Thankyou for replying to me though.
Jul 25th 2008, 6:33 am
#6
Just Joined
Thread Starter
Joined: Jul 2008
Location: Frederick Maryland
Posts: 25
Re: very embarrassing problem...Visa waiver
hi peach,
Not all problems have a simple solution, but yours does.
This thread may devolve into personal topics; steel yourself -- the immigration information and other solutions will eventually come out.
Do you know enough about your household finances to know if you can put your hands on $2000? Can you make a plan to do so?
Not all problems have a simple solution, but yours does.
This thread may devolve into personal topics; steel yourself -- the immigration information and other solutions will eventually come out.
Do you know enough about your household finances to know if you can put your hands on $2000? Can you make a plan to do so?
So you do not think they will refuse my paperwork being so late?
Jul 25th 2008, 6:35 am
#7
Forum Regular
Joined: Sep 2003
Posts: 160
Re: very embarrassing problem...Visa waiver
You have a number of issues, none are really embarassing, but potentially serious. I am not an expert on these areas but here are some things you should consider.
Entering on the VWP with the intention to immigrate is considered visa fraud (misrepresentation) by the USCIS. If you entered with the intention to return to UK and then subsequently decided to stay, that is another thing. On this website, they often refer to this situation as the "10-foot pole."
Because you came with your family due to a job offer, it makes it appear that your intention from the beginning was to immigrate. Pursuing the AOS application MAY result in your adjustment being denied because of this and be charged with misrep. If that happened, I believe you could file an I-601 waiver in-country (not have to leave) and with it prove it would be an extreme hardship to your husband if the misrep is not waived and the adjustment is not granted. If the waiver is granted, you would receive a green card and the overstay would be forgiven. This is all somewhat complicated by certain conditions of entry for VWP folks where you basically give up certain rights by using VWP. I am not sure how that might affect this process for you, if at all.
Alternatively, you could pursue an immigrant visa by having your husband file the I-130 and ask that it be sent to the UK for processing. You could remain with your family here until the interview, although you are still subject to deportation but the likelihood of that is not too high. Once it gets to the embassy in UK, you would be called there for an interview and to do a medical exam. At that interview, you would be denied the visa because you have overstayed the VWP. If the overstay is less than 365 days, your ban is for 3 years. If it is over 365 days, the ban is for 10 years. In order to overcome this ban to receive the visa, you again would need to file the I-601 waiver and prove extreme hardship to your husband if your immigrant visa is not granted.
I would recommend consulting with an attorney BEFORE you decide which direction you should go in, especially BEFORE you leave the country for any reason. If you want to learn more about the I-601, visit this website, www.immigrate2us.net. Here are some attorneys that you may want to consider consulting one or two of them - several offer free consultations, http://immigrate2us.net/forum/showthread.php?t=889
Take care.
Entering on the VWP with the intention to immigrate is considered visa fraud (misrepresentation) by the USCIS. If you entered with the intention to return to UK and then subsequently decided to stay, that is another thing. On this website, they often refer to this situation as the "10-foot pole."
Because you came with your family due to a job offer, it makes it appear that your intention from the beginning was to immigrate. Pursuing the AOS application MAY result in your adjustment being denied because of this and be charged with misrep. If that happened, I believe you could file an I-601 waiver in-country (not have to leave) and with it prove it would be an extreme hardship to your husband if the misrep is not waived and the adjustment is not granted. If the waiver is granted, you would receive a green card and the overstay would be forgiven. This is all somewhat complicated by certain conditions of entry for VWP folks where you basically give up certain rights by using VWP. I am not sure how that might affect this process for you, if at all.
Alternatively, you could pursue an immigrant visa by having your husband file the I-130 and ask that it be sent to the UK for processing. You could remain with your family here until the interview, although you are still subject to deportation but the likelihood of that is not too high. Once it gets to the embassy in UK, you would be called there for an interview and to do a medical exam. At that interview, you would be denied the visa because you have overstayed the VWP. If the overstay is less than 365 days, your ban is for 3 years. If it is over 365 days, the ban is for 10 years. In order to overcome this ban to receive the visa, you again would need to file the I-601 waiver and prove extreme hardship to your husband if your immigrant visa is not granted.
I would recommend consulting with an attorney BEFORE you decide which direction you should go in, especially BEFORE you leave the country for any reason. If you want to learn more about the I-601, visit this website, www.immigrate2us.net. Here are some attorneys that you may want to consider consulting one or two of them - several offer free consultations, http://immigrate2us.net/forum/showthread.php?t=889
Take care.
Jul 25th 2008, 6:39 am
#8
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,687
Re: very embarrassing problem...Visa waiver
Hello
I feel quite shaky writing this as not usually the sort to talk about problems in public!
I worked in England but before we left we paid off a few bills and do not have any savings.
We were very surprised how much the cost of living has gone up here. we try to keep to the bare minimum.Rent,utility bills groceries-just basic healthy stuff for children.We seem to be worse off here than in the U.K which was a big shock. My husband just had to get new tyres and battery for car as otherwise he would not be able to get to work. A bit rural here.
My husband is a bit old fashioned and probably has too much pride. I feel bad for him as he works hard and really does not have much to show for it.
Do you think they would accept a payment plan?.Do not understand why he has not asked maybe i must be silly to leave it so long.I did not want to seem like nagging but I am scared now as it has gone on too long.
I feel quite shaky writing this as not usually the sort to talk about problems in public!
I worked in England but before we left we paid off a few bills and do not have any savings.
We were very surprised how much the cost of living has gone up here. we try to keep to the bare minimum.Rent,utility bills groceries-just basic healthy stuff for children.We seem to be worse off here than in the U.K which was a big shock. My husband just had to get new tyres and battery for car as otherwise he would not be able to get to work. A bit rural here.
My husband is a bit old fashioned and probably has too much pride. I feel bad for him as he works hard and really does not have much to show for it.
Do you think they would accept a payment plan?.Do not understand why he has not asked maybe i must be silly to leave it so long.I did not want to seem like nagging but I am scared now as it has gone on too long.
Rene
Jul 25th 2008, 6:41 am
#9
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,687
Re: very embarrassing problem...Visa waiver
Rene
Jul 25th 2008, 6:52 am
#10
Just Joined
Thread Starter
Joined: Jul 2008
Location: Frederick Maryland
Posts: 25
Re: very embarrassing problem...Visa waiver
They won't refuse your paperwork, but the longer you stay out of status, the more you put yourself at risk for removal if something should happen and you are found to be out of status. You also are landlocked here, you can't travel outside the USA until you have your green card, if you've overstayed too long. And you can never use the VWP again, ever.
Rene
Rene
Plus it is sad to come to a new country and not be able to go anywhere to visit as no money for anything.Plus I am stuck at home all week with children and cannot take them anywhere as do not drive and no sidewalks just busy highways.Anyway that is off topic.
As long as immigration do not come pounding on the door.
Thankyou once again
Jul 25th 2008, 7:12 am
#11
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Joined: Oct 2003
Location: Avon Lake, OH
Posts: 5,270
Jul 25th 2008, 7:13 am
#12
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,687
Re: very embarrassing problem...Visa waiver
Call who? USCIS? Better not to call in this case! Don't draw attention to yourself. Just don't leave the USA, don't do anything illegal, and file for AOS as soon as possible.
And you are right about the USA lifestyle. With 3 kids, I think it would be hard for many couples to make ends meet. Many people live off credit, and if your credit isn't good, you are stuck living paycheck-to-paycheck. You're not alone.
Rene
Just don't leave the USA, don't do anything illegal, and file for AOS as soon as possible.And you are right about the USA lifestyle. With 3 kids, I think it would be hard for many couples to make ends meet. Many people live off credit, and if your credit isn't good, you are stuck living paycheck-to-paycheck. You're not alone.
Rene
Jul 25th 2008, 7:22 am
#13
Just Joined
Thread Starter
Joined: Jul 2008
Location: Frederick Maryland
Posts: 25
Re: very embarrassing problem...Visa waiver
Call who? USCIS? Better not to call in this case! Don't draw attention to yourself. Just don't leave the USA, don't do anything illegal, and file for AOS as soon as possible.
And you are right about the USA lifestyle. With 3 kids, I think it would be hard for many couples to make ends meet. Many people live off credit, and if your credit isn't good, you are stuck living paycheck-to-paycheck. You're not alone.
Rene
Just don't leave the USA, don't do anything illegal, and file for AOS as soon as possible.And you are right about the USA lifestyle. With 3 kids, I think it would be hard for many couples to make ends meet. Many people live off credit, and if your credit isn't good, you are stuck living paycheck-to-paycheck. You're not alone.
Rene
Thankyou.Yes I guess that is why my husband has not called. Thankyou so much.I am so nervous I could not think of a username and so grabbed my sons book 'trees of North America' and ended up with peach leaf .Well I guess Maryland does have a lot of peach trees!
I am surprised we have had no letters from immigration but I guess there are so many people they have to deal with. However they might check on my status sooner or later.
Thankyou I have only just found this website. I was not sure to post about this but I am glad I have now!
Jul 25th 2008, 7:24 am
#14
Just Joined
Thread Starter
Joined: Jul 2008
Location: Frederick Maryland
Posts: 25
Re: very embarrassing problem...Visa waiver
You have a number of issues, none are really embarassing, but potentially serious. I am not an expert on these areas but here are some things you should consider.
Entering on the VWP with the intention to immigrate is considered visa fraud (misrepresentation) by the USCIS. If you entered with the intention to return to UK and then subsequently decided to stay, that is another thing. On this website, they often refer to this situation as the "10-foot pole."
Because you came with your family due to a job offer, it makes it appear that your intention from the beginning was to immigrate. Pursuing the AOS application MAY result in your adjustment being denied because of this and be charged with misrep. If that happened, I believe you could file an I-601 waiver in-country (not have to leave) and with it prove it would be an extreme hardship to your husband if the misrep is not waived and the adjustment is not granted. If the waiver is granted, you would receive a green card and the overstay would be forgiven. This is all somewhat complicated by certain conditions of entry for VWP folks where you basically give up certain rights by using VWP. I am not sure how that might affect this process for you, if at all.
Alternatively, you could pursue an immigrant visa by having your husband file the I-130 and ask that it be sent to the UK for processing. You could remain with your family here until the interview, although you are still subject to deportation but the likelihood of that is not too high. Once it gets to the embassy in UK, you would be called there for an interview and to do a medical exam. At that interview, you would be denied the visa because you have overstayed the VWP. If the overstay is less than 365 days, your ban is for 3 years. If it is over 365 days, the ban is for 10 years. In order to overcome this ban to receive the visa, you again would need to file the I-601 waiver and prove extreme hardship to your husband if your immigrant visa is not granted.
I would recommend consulting with an attorney BEFORE you decide which direction you should go in, especially BEFORE you leave the country for any reason. If you want to learn more about the I-601, visit this website, www.immigrate2us.net. Here are some attorneys that you may want to consider consulting one or two of them - several offer free consultations, http://immigrate2us.net/forum/showthread.php?t=889
Take care.
Entering on the VWP with the intention to immigrate is considered visa fraud (misrepresentation) by the USCIS. If you entered with the intention to return to UK and then subsequently decided to stay, that is another thing. On this website, they often refer to this situation as the "10-foot pole."
Because you came with your family due to a job offer, it makes it appear that your intention from the beginning was to immigrate. Pursuing the AOS application MAY result in your adjustment being denied because of this and be charged with misrep. If that happened, I believe you could file an I-601 waiver in-country (not have to leave) and with it prove it would be an extreme hardship to your husband if the misrep is not waived and the adjustment is not granted. If the waiver is granted, you would receive a green card and the overstay would be forgiven. This is all somewhat complicated by certain conditions of entry for VWP folks where you basically give up certain rights by using VWP. I am not sure how that might affect this process for you, if at all.
Alternatively, you could pursue an immigrant visa by having your husband file the I-130 and ask that it be sent to the UK for processing. You could remain with your family here until the interview, although you are still subject to deportation but the likelihood of that is not too high. Once it gets to the embassy in UK, you would be called there for an interview and to do a medical exam. At that interview, you would be denied the visa because you have overstayed the VWP. If the overstay is less than 365 days, your ban is for 3 years. If it is over 365 days, the ban is for 10 years. In order to overcome this ban to receive the visa, you again would need to file the I-601 waiver and prove extreme hardship to your husband if your immigrant visa is not granted.
I would recommend consulting with an attorney BEFORE you decide which direction you should go in, especially BEFORE you leave the country for any reason. If you want to learn more about the I-601, visit this website, www.immigrate2us.net. Here are some attorneys that you may want to consider consulting one or two of them - several offer free consultations, http://immigrate2us.net/forum/showthread.php?t=889
Take care.
Jul 25th 2008, 7:36 am
#15
Joined: Sep 2004
Location: VA
Posts: 1,260
Re: very embarrassing problem...Visa waiver
Where abouts are you in S.Maryland?
