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Old Jul 25th 2008, 7:42 am
  #16  
 
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Default Re: very embarrassing problem...Visa waiver

Originally Posted by peachleaf
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!
peach, I don't want to downplay the potential bad consequences too much, certainly the things that bluesails wrote about are possibilities. But, I don't want you to worry about someone coming knocking on your door or sending a demanding letter to you; it just doesn't happen unless there is some other reason you come to their attention.

I know it must be embarrassing to write about, but I think you will find helpful ideas here and that people mean well; we've all been through hard times and have plenty of ideas for you.
One benefit that will come to you from filing for your AOS is that you can get a work permit. The extra income might help.

Perhaps you can share this thread with your husband so that he understands what you have been worried about, and so he can see some possible solutions.

There have been plenty of people who have filed much later than you, so no, I do not think they will reject your application for being 'too late'.
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Old Jul 25th 2008, 8:17 am
  #17  
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Default Re: very embarrassing problem...Visa waiver

There is not enough information in the OPs original post to determine whether all the issues stated are correct. It would bode well to seek some professional advice, there are some non governmental organizations who can provide a free service. For instance, children born overseas to a US citizen do not automatically have us citizenship. So it may not just be the OP who needs to undertake certain immigration processes but the children too.
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Old Jul 25th 2008, 8:24 am
  #18  
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Default Re: very embarrassing problem...Visa waiver

Originally Posted by Bootle
There is not enough information in the OPs original post to determine whether all the issues stated are correct.
What issues might not be correct? That she has a USC husband, 3 USC kids, no enough disposal income to file for adjustment of status, she entered the US under the VWP?


It would bode well to seek some professional advice, there are some non governmental organizations who can provide a free service. For instance, children born overseas to a US citizen do not automatically have us citizenship. So it may not just be the OP who needs to undertake certain immigration processes but the children too.
Peach

Do a little research about the fee waiver for the AOS. It is possible you might be one of the few that qualify. It was overhauled not to long ago but it is still a possibility, regardless of how remote.
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Old Jul 25th 2008, 8:31 am
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Default Re: very embarrassing problem...Visa waiver

Originally Posted by Rete
Peach

Do a little research about the fee waiver for the AOS. It is possible you might be one of the few that qualify. It was overhauled not to long ago but it is still a possibility, regardless of how remote.
Unfortunately, I didn't read the overhaul closely before I suggested it the last time. MrF pointed out that it does not apply to I-485 anymore (and there are no fees for the interim benefits anymore).
http://britishexpats.com/forum/showt...er#post6228762

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Old Jul 25th 2008, 8:56 am
  #20  
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Default Re: very embarrassing problem...Visa waiver

Originally Posted by meauxna
Unfortunately, I didn't read the overhaul closely before I suggested it the last time. MrF pointed out that it does not apply to I-485 anymore (and there are no fees for the interim benefits anymore).
http://britishexpats.com/forum/showt...er#post6228762

Oh, same here...I suggested it too. Darn it.
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Old Jul 25th 2008, 9:19 am
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Default Re: very embarrassing problem...Visa waiver

Originally Posted by meauxna
Unfortunately, I didn't read the overhaul closely before I suggested it the last time. MrF pointed out that it does not apply to I-485 anymore (and there are no fees for the interim benefits anymore).
http://britishexpats.com/forum/showt...er#post6228762

Originally Posted by Noorah101
Oh, same here...I suggested it too. Darn it.
However thankyoufor checking this out for me.I am very grateful for your help and time.
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Old Jul 25th 2008, 9:26 am
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Default Re: very embarrassing problem...Visa waiver

One way to present the cost is to calculate how much it would cost were you not there and he had to pay for someone to look after the children.

BTW, you are in a very precarious situation at the moment. Your kids' habitual residence is the US and yet you have no right to be here.

Last edited by fatbrit; Jul 25th 2008 at 9:40 am. Reason: Genetive mix up!
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Old Jul 25th 2008, 10:18 am
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Default Re: very embarrassing problem...Visa waiver

Originally Posted by peachleaf
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.
Hi:

Look out for YOURSELF. You may have a "VAWA" application going for you, beleive it or not. [Not all "violence" is physical].

For Mayland, these are the Court "legal aid" lists -- One for Arlington, the other for Baltimore -- they do overlap. Also look for resources for "battered women"

http://www.usdoj.gov/eoir/probono/freelglchtVA.htm

http://www.usdoj.gov/eoir/probono/freelglchtMD.htm

Do this immediately. Good luck.
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Old Jul 25th 2008, 10:19 am
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Default Re: very embarrassing problem...Visa waiver

Originally Posted by fatbrit
One way to present the cost is to calculate how much it would cost were you not there and he had to pay for someone to look after the children.

BTW, you are in a very precarious situation at the moment. Your kids' habitual residence is the US and yet you have no right to be here.
Yes that would be one way of looking at it.I know he is trying hard. I gave up all my rights and security coming here.I have nothing back in the U.K for a place to stay . My children our my world. I live with the thought everyday. I know there are people worse of than me but it is making me very down.
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Old Jul 25th 2008, 10:23 am
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Default Re: very embarrassing problem...Visa waiver

Originally Posted by Folinskyinla

Do this immediately. Good luck.
Not that she should not do this, but a curiousity question--- must the marriage dissolve for this option?
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Old Jul 25th 2008, 10:33 am
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Default Re: very embarrassing problem...Visa waiver

Originally Posted by Folinskyinla
Hi:

Look out for YOURSELF. You may have a "VAWA" application going for you, beleive it or not. [Not all "violence" is physical].

For Mayland, these are the Court "legal aid" lists -- One for Arlington, the other for Baltimore -- they do overlap. Also look for resources for "battered women"

http://www.usdoj.gov/eoir/probono/freelglchtVA.htm

http://www.usdoj.gov/eoir/probono/freelglchtMD.htm

Do this immediately. Good luck.
Hello
thankyou for the links.

I really do believe my husband genuinely does not have the finances. I have no reason to suspect he is delaying my paperwork on purpose.I guess with your work you see lots of unsuspecting spouses who have a nasty shock if someone was to do this delibrately. My husband is very loving to me .
However thankyou for the advise. I know, one can not be complacent on such matters.
Thanks again for your time
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Old Jul 25th 2008, 10:42 am
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Default Re: very embarrassing problem...Visa waiver

Originally Posted by peachleaf
Hello
thankyou for the links.

I really do believe my husband genuinely does not have the finances. I have no reason to suspect he is delaying my paperwork on purpose.I guess with your work you see lots of unsuspecting spouses who have a nasty shock if someone was to do this delibrately. My husband is very loving to me .
However thankyou for the advise. I know, one can not be complacent on such matters.
Thanks again for your time
Right, so we have been around and aboot as my nana says.

Your initial post said that you don't know your legal rights. MrF has offered you one option, probably the only 'legal right' you have on your own here, with regards to immigration.

Now, from a practical point of view, you know that you'll need about $2000, and that there will not be a penalty for filing late.
You know that you are in a tenuous legal position right now, and do not have permission to work.

What will it take for you to scrape up the money? If you are not involved in the family budgeting at all, this might be the time for you to step up. You can take part in the finances and figure out a way to stash X amount of $$ away each pay period so you can get this going.
You can use the resources of the good people here to make sure that your application includes everything it should so that it won't cost/waste you extra money.

Does your husband have family in the US that he can approach for a short term loan? Is your husband's income over $31000 gross? (this is for your financial sponsorship form)
Do you belong to a faith community that could help you?
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Old Jul 25th 2008, 10:57 am
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Default Re: very embarrassing problem...Visa waiver

Just a thought but you mentioned that your husband is a goverment worker can't his department cough up after all they must know your here with him and need a visa to stay here legally!

would they not help in any way even loan the cash and let him pay it back monthly.....

Maybe he should talk to his direct superior about it.
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Old Jul 25th 2008, 12:42 pm
  #29  
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Default Re: very embarrassing problem...Visa waiver

Peach
Being out of status is extremly stressful, trust me I know. I was out of status for 9yrs before I finally was able to adjust. Now that I have done it I am so greatful I did it. I was stuck when a family member was sick I couldn't go home. I have had to delay with alot of heartache cause it wasn't done sooner. I understand your husband having pride as mine did too but now he is glad he took out a small loan to have it all done and now that I finally was approved I have been lucky enough to go home and see my aging and sick grandmother which made it all worth while.
Best of luck with whatever decision you guys decide to do.
Kat
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Old Jul 25th 2008, 3:12 pm
  #30  
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Default Re: very embarrassing problem...Visa waiver

Originally Posted by Rete
What issues might not be correct? That she has a USC husband, 3 USC kids, no enough disposal income to file for adjustment of status, she entered the US under the VWP?




Peach

Do a little research about the fee waiver for the AOS. It is possible you might be one of the few that qualify. It was overhauled not to long ago but it is still a possibility, regardless of how remote.
The 3 USC children would be an issue. From the facts disclosed so far it would appear that the 3 children are born overseas. It is not disclosed whether they were born in or out of wedlock. Just because a child has a USC parent and you are born overseas does not automatically provide the child with US citizenship.
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