N1cky

It looks like our time in America will be coming to an end, as our Green Card application was denied. We're filing a motion to re-open, but if that fails we will be returning to the UK, probably in August.

We never disliked living in the UK, but we now consider California home, and had no desire to return to the UK. Our daughter will be 12 next month, and has lived here longer than in the UK, after already doing 3 big moves, attending 5 schools, and living in 7 different houses, she'll be absolutely gutted at having to move again.

We still own our house in the UK, but my husbands job is rather specialized, and it will be difficult enough finding a job, let alone one commutable to the house we own. So we will probably be returning to an unknown area.

I was just wondering if anyone had returned under similar circumstances, and if so how they adjusted to being back?

not2old

failing the appeal & you 'returning to the UK' - I have a comment to that, which is 'why do you have to return to the UK', why not somewhere else such as Canada, Australia or Europe?

Good luck with getting to stay in the states.

N1cky

There is no appeal to moving to another country, I just want to feel settled somewhere and get on with our lives, I don't want to continue living in limbo and worrying about visa applications... I guess the problem isn't having to move to the UK, it's having to move anywhere.

Thanks for the good luck wishes

lgabriel73

What was the reason for denial? Mine was denied and I filed a motion to re-open based on the fact that they never noticed me or their intent to deny and allow me time to provide additional evidence. I was successful and got my green card.

N1cky

Questions revolving around my hubby's role when he worked in the UK, you would have thought these would have all been addressed at the visa level.

You're the first person I've come across who has been through a motion to re-open, so that gives me a little hope.

lgabriel73

You should definitely speak to your attorney and file a motion to re-open. You have nothing to lose. What I found throughout the whole green card process is that the USCIS rarely follows its own rules which can result in denials being issued. They should have sent you a notice of intent to deny giving you the opportunity to provide more evidence. Hopefully its just a case of needing more information Hope it works out for you!

N1cky

It's definitely being re-opened (filing should go in tomorrow), our attorney is jumping up and down in a fit of rage, after getting his first ever denial (and he's done a lot). We did get an RFE with the most ridiculous questions, which we thought we had all been more than answered.

Hopefully it will all work out, but I obviously can't help but worry, and have to start planning for a return.

lgabriel73

When I got my denial I was in tears and thought that I was moving back so its understandable that you are worrying. The ironic thing for me was that I finally got approved after 9 years of waiting and fighting with USCIS and I have now decided that I don't want to stay in the US. However its definitely better to be the one making the decision to leave than having someone tell me I have to.

Sally Redux

I cannot recall anyone on BE having had to do this (apart from Brat1's problems) so maybe that is a good sign.

I understand you mentally have to prepare yourself for the worst although I think it will get resolved.

I hope some people with more relevant knowledge will come along.

N1cky

Yikes, 9 years. How long after your original denial did you get your GC?

The whole feeling of not being in control of your own life, is very unsettling.

Sally Redux

9 years, you'll probably be ready to go back of your own accord by then

N1cky

I'm thing I'm already verging along the lines of alcoholism, that would definitely drive me there.

Sally Redux

Nutek

F eck!


(Hope it works out Nicky)

N1cky

F'eck, Arse and Drink appear to have been my main vocab over the last few days