Mummy in the foothills

This one is interesting, adjusting from VWP as an overstayer
http://www.visalawyerblog.com/2011/0...d_marri_2.html

From what I have read, do NOT leave the country till you have adjusted status

http://www.cavanaughlegal.com/adjust...r-program-vwp/

Joe B

I think I have a good case.

Thank you

Bluegrass Lass

Joe, this is not the proper forum for advice on adjusting your status. If you really want to know what you need to get your green card, please post a new question on the Marriage-Based Visa forum. Because you have overstayed on the VWP, your case is infinitely more complex and the experts on that board can point in the right direction of where you need to start.

Saying that, from what I've read, you should seriously consider hiring a lawyer because your case is not straight-forward with a 4yr overstay. If you want any chance of being able to even legally come back and visit your children, even if you eventually move back to the UK, you need to get the green card sorted.

essexnick

Joe - There is another option to think about. How about just getting on a plane and going home? Sounds harsh huh, but I wonder if it has crossed your mind.

You gotta also think about your life and where you really want to see out the rest of your days. Can you live without her or the kids? I read here that your partner sounds like she does not give a s**t, maybe that's true or maybe not? I don't know. And you probably don't want to hear it as you have feelings for her, but the question is do you really want to stay with her and the kids or do you want to go home without her. Is maybe crying out that you want to go back to England really a cry of you want out of the relationship?

I'm sure people on here will disagree and say typical men or not being responsible, but is living with someone who you don't really love good for anyone, especially "just for the kids" sake.

I may be putting words into your mouth or ideas into your head, but you really need to look in the mirror and ask yourself the real reason you want to leave. Is it for you, for them or something else?

England is here now and will be when you are 6ft under. Life is short and complicated, but ultimately you need to do what is right for you as you don't get a second chance.

essexnick

Dude that's just messed up. I would have probably walked at that point. But you should have taken control of your own status and followed up. Not that it helps much now.

cheers

I'm glad that someone out there thinks of their children and their welfare above there own needs.

Cheers

cheers

Several on here have mentioned that the solution is with a lawyer and before you go that route let me give you some advice.

I dealt with a lawyer a couple of years ago and I came away with the belief that when we were explaining our situation the lawyer was hardly listening he was figuring how much money he could get. After he asked a few courtesy questions he told us he would need a lot of money to start the ball rolling and then he would need a lot more money to keep the ball rolling.

My solution is find a emigration advocate who is good and could save your pocket. Kind of like getting a nurse instead of a doctor.

Cheers

Bluegrass Lass

Eh? An immigration 'advocate'? There's no such thing in the US, and if there is they are not trained to give you sound legal advice. An advocate cannot represent you at an AOS interview or a court appearance. Other countries may have advocates, but in the US a person calling themselves an advocate is out to take your money.

essexnick

I only speak as someone who lived with 2 parents that should have broken up many years earlier. My childhood had many unhappy memories of arguing, fights and break ups. My mother later told me she only stayed with my Dad because of me and my brother. I wish they had not as it might have been a much better as it could not have got any worse.

But that does not mean that is the solution for everyone. And I have no kids to worry about so I can't really totally understand the whole picture. But all I can say is many people go through life doing what they think is expected of them and never live for themselves. Admirable in some eyes and tragic in others.

Regarding the Lawyer. I agree to get a fixed price before you agree to proceed. I paid about $3000.00 in London for a lawyer to get my 10 year green card. But I made sure that it was a fixed price or I would not deal. And it turned out well. The lawyer was worth the money and did it all in 6 months, which is fast considering most application take 8 to 12 months.
Problem then is you have to wait more years before you can become a US Citizen - which ideally you want to have if you ever decide to return back later down the road. So it looks like you either hang in the USA for 2 or 3 more years or go back now, knowing you wont ever come back to America and hope your wife follows. Ooh it's a tough one.

sallysimmons

As long as you're willing to do menial work for well below minimum wage and never get any days off.

sallysimmons

You have to ignore judgmental people. They can't help themselves and their issues are not your concern. But you do have to sort our your status as others have said. You have children to think of and they need you in their lives.

Bluegrass Lass

Oh, and Joe, you will need to file the I-130 along with the I-485 Adjustment of Status paperwork. So you're going to be paying $420 plus $1070 just in filing fees. You have to file the I-130 because you entered on the VWP.

Yes. Your wife must be your sponsor. If she does not meet the financial requirements, then you can use a joint sponsor - a joint sponsor can be anyone that is over 18y/o and is either a USC or a green card holder. They must also meet the financial requirements for their household plus you.

bandrui

I am quoting myself to clarify: when I said I would never go back there, you knew I meant the US right? Not UK... I'll hopefully be going back to the UK in the next year or so.

thephionex

Not saying i Agree with doing one on your kids but this Woman sounds Like the bane of you life. But it also sounds like she wants you to be with her rather than without you, so maybe if you did come back to UK she might get the Kick up her bum that she probably needs. Plus if you can't Afford the fees i am surprised No one has mentioned That certain Catholic charity's maybe able to offer help.

in Ref to what essexnick said . Joe b must think about his health aswell. This dilemma can drive him in to a world of depression. This is coming from a man who has suffered from depression at the hands of a woman i almost died twice through suicide attempts.

moi

If this were me, I would get my immigration sorted out first and foremost, otherwise you could risk not seeing your kids for a very long time and that in itself would kill me. Rather than both bicker and argue over who is right or wrong, those kids need you and love you both and need to be considered above anything else. They are so young and dependant on you both.
Coming from someone who has had foster kids in my home at the end of the day all kids need is parents that love them and do what is right by them.