Re: Tough Situation..
 

Thanks for sharing yourselves with us like that; I can understand how it can be when the group gives you a hard time.
You're in a uniquely bad situation but I think you will find people here willing to share their ideas with you. Try to 'listen' to them with an open mind and remember that this is going to take more than a single day to fix.

I've got one more question though--have you ever discussed going over to live in the UK? What are your resources like over there?

Re: Tough Situation..
 

You might want to seriously consider that option, though. Perhaps moving to the UK semi-permanently might be a good thing. He could work over there more easily, I'm sure. You'd be living over there a good 10+ years anyway, you might like it. After 10 years, you can decide if you guys want to come back to the USA. Might not be a bad idea to keep it open as one of your options, especially if you can't find a joint sponsor soon.

Rene

Re: Tough Situation..
 

I hope I didn't cause offense, when I said "so no help there", I meant "so there is no help available from my family", not as in your post was no help :)

I don't think my grandmother makes nearly enough to count, though..:(

Re: Tough Situation..
 

..Moving back (well, for me it'd just be moving! but for him, moving back :))
IS an option. But we would like for it to be a last resort option. And trust me, we've almost done it before :lol: So we have certainly thought about it..

Re: Tough Situation..
 

I knew what you meant, about "no help there", from your family. Well, certainly check into your grandmother's income level, don't just discount it without knowing the facts. She only needs to make enough for 2 people (unless she counts your mom as a dependent on her tax returns, which I doubt), and that amount is pretty low. Look at the I-864P for the amount, in the 125% column. If she makes that amount, she can be your joint sponsor.

Keep searching for friends who are willing to help. Without you earning enough, or without a joint sponsor, there is NO way he'll be approved for his PR status here.

Rene

Re: Tough Situation..
 

OK, it's good to have a back pocket option. I was thinking with the much touted safety nets there, it might be a better situation for you all.

My dad used to make me do a 'Ben Franklin' on difficult choices; it might help you too. Divide a piece of paper vertically and write all the Pros on one side, and the Cons on the other. Sometimes it helps to just spell out every little detail and then when you see them in writing you see them more clearly.

It would be helpful to know what you have filed so far and when. And, the timing and nature of the letters you got that 'put you to the back of the line'.

Here is a checklist for Adjusting Status; what have you done, and where did you do it?
Guide for Adjusting Status - Including a Concurrent filing of the 1-130

PS: we are going to make you work for it! :D

Re: Tough Situation..
 

Rene, if they are living with the grandmother, if the OP gets a job even if it below the level needed, can't her income be combined with her grandmother's on the I-864A and hopefully the combination of both will put them at the level they need.

Rete

Re: Tough Situation..
 

Does your grandmother own her house??
If she does, I believe she can use that in place of income....Another way would be to take ANY job you can get that pays enough to meet the income requirements..(any meaning too far away, inconvenient hours etc etc)...My heart goes out to you though, I hope you'll find a way through this....

Re: Tough Situation..
 

Hi Rete,

Yes, I believe that is a possibility, since they live in the same household. The OP would fill out an I-864 showing her income, and the grandmother would fill out an I-864a showing her income, and hopefully combined that would be enough.

Rene

Re: Tough Situation..
 

Going that route means enough income for a household of 6 though?
Our OP + spouse, 2 kids, mom and grandma.

It seems that an outside Joint sponsor may e a possibility, and that person would only need to meet their own household size + 1 immigrant.

Hopefully OP will come back and feel a bit better about things tomorrow.

Re: Tough Situation..
 

Whoa, I missed the post that said she had 2 kids. Sorry about that.

Re: Tough Situation..
 

Ugh, I forgot about that too. :(

Rene

Re: Tough Situation..
 

Firstly to the more experienced on this board PLEASE correct any of the information I have given if it is incorrect. This is very much a learning process for me and the response is based upon my personal experience and how that applied to my case when my USC husband and I were considering relocation to the UK.




Hi JaMbers :)

Sorry for all the problems you have faced, I can imagine how distressing this must be for you and hubby. I'm sure now though that with all the advice you will get here then process will be a lot clearer and you WILL get this all sorted out :)

Money aside this should be a relatively painless procedure so try not to worry on that aspect. A few things came to mind while reading your post especially on the question of the $$$'s involved.

1. Financial sponsor : As has been said this is a REQUIREMENT without one then the rest of the procedure is a total no-go. Because of the way in which USCIS determine 'adequate income level' for the impending immigrant (i.e. your husband) and your situation (household size) then IDEALLY the person would be someone (a friend / family member) that doesn't share your household. This is the route me and my hubby have gone down. He's medically disabled and until I can get my situation for self-sponsorship sorted (a long boring story) then we've got a friend who is joint sponsoring me.

2. Fee Costs: yes the whole process is EXPENSIVE there's no way of getting round that you CAN save money though on the MEDICAL (required vaccinations) Firstly if your husband has access to his immunization records he can use them. If not (and much easier) he can go to any public health dept get the required immunizations at a nominal cost. The USCIS has a list of 'allowed' civil surgeons who can perform the actual physical exam required BUT they can be VERY costly (as they like to include the immunization costs as well ) and you should ring around till you find one that you can afford. Here's how we did it. I got the list of the vaccinations that I would need (available from the USCIS site), took myself (and the medical form ) to the public health dept, got my immunizations (which they stated on the form), then phoned around till I found a civil surgeon (reasonably priced think it was less than $200), had the actual physical exam, he signed off the rest of the form and VIOLA! All done for less than half the price I had been quoted by others.

The initial outlay on fees can be offset to some extent by your husband being able to work while the process is underway. If you file the forms together (and include the I-765 Application for Employment Authorization - which is included in the filing fees anyways) then he should get the EAD which will give him a SS# and allow him to work within a few months ( I think the official time is given as 90 days). So while the rest of the application is being dealt with he WILL be able to earn a wage which is a plus :)

3. Legal Costs: You don't need to pay a lawyer to do this process for you. If you are confident enough to tackle the forms yourself (especially with the help of people from this and other forums) then you can get through them. Even if you're not then as has been said there are a number of places you get FREE help from. A one-off paid consultation with a lawyer (about $ 125) would be recommended. If you can't afford that you can get one FREE with some. Heather Poole (http://www.humanrightsattorney.com/), is regarded by many as knowledgeable and experienced in this area. There are probably lots more I'm just using my experience.These can be done over the telephone, just make sure you have a list of ALL the questions you want to ask AND take NOTES of the response. Also there are lawyers on this and other sites that can provide GENERAL guidance / help on issues that may arise. Obviously they do that in a PERSONAL CAPACITY ( ie they are not acting as your legal adviser) but it all helps :)

4. Relocation to the UK : As a spouse seeking residency then you would be required to meet the eligibility criteria. Now I'm sure someone will correct me if I'm wrong (or this has been updated ) but to be eligible the following has to be met:

Sponsors are required to be able to maintain and accommodate themselves (and any of their dependents) without additional recourse to public funds. The key word here is ADDITIONAL. Hence your Husband WOULD still be entitled to any public funds in his own right as a UKC but NO provision / proportion of any of those he claimed (Other than Child Benefit & Working Tax Benefit ) would be included for you or your children. In other words (as I understand it) he would effectively be treated as a SINGLE man and his entitlements would be determined as such.

"If the sponsor is in receipt of public funds, it does not mean that they will be unable to support the applicant...The question to be considered is whether additional recourse to public funds will be necessary if the applicant is granted leave to enter."

Even if you felt you and your husband (and your children) could survive on the limited income until he got a job the decision would be out of your hands :

"If it is more likely than not that the total amount that the applicant and sponsor will have to live on will be below what the income support level would be for a British family of that size, then it may be appropriate to refuse the application on maintenance and accommodation grounds."

Then we have the issue of Housing & Accommodation, again the 'adequacy' of this would be determined by the UK immigration officer:

"If the accommodation is not owned by the couple (or one of them), the Rules require that there be adequate accommodation which is for their exclusive use... It is acceptable for a couple to live in an existing household, e.g. that of a parent, uncle, aunt, sibling or friend, as long as they have at least a bedroom for their exclusive use. If the couple have children with them there must be additional adequate accommodation for them..."

In your case with two children under the age of 10 then you would require a bedroom for yourself and husband and one for your children to share. Without this provision you would fail to meet the criteria on accomodation grounds. If you chose NOT to live with his parents / family (or that wasn't an option for you) public housing would be an option for you PROVIDING you could meet the rental costs independent of public funds.

Family Support (i.e. his ) IS acceptable but limited. The UK doesn't allow for Joint / Co sponsoring in the same way as it happens in the USA.


[All the above info and more can be found here:
http://www.ukvisas.gov.uk/servlet/Fr...=1036517843636 ]

IMO if the USA is where you want to live ( and you can't meet the eligibility for UK settlement) then he would be best going through the adjustment of status process HERE. The only other viable option I can see would be for HIM to return to the UK in advance of yourself and get sorted with employment and adequate housing and then YOU follow. Please bear in mind though that once your hubby has left the USA then because of his 'overstay' he would be automatically banned for 10 years from re-entry. If he wanted to return to the USA prior to the expiration of that 10 year period he would need to go through the waiver process which would cost more money (plus the relevant fees)

Here's what I would be doing now if I was in your position:

* Have a one - off consult with a lawyer
* Check out the FREE immigration clinics
* Find a SPONSOR for your husband (this is a MUST)
* Contact your nearest Public Health Dept for his immunizations
* Start checking out prices with regards to civil surgeons - make sure you get the quotes for JUST the physical
* Familiarize yourself with the forms you will be completing online at the USCIS site


This whole process will probably seem a very daunting task to you right now BUT you will get through it. There are people on this board that will help guide you every step of the way - people with a LOT more experience than myself - so you are in safe hands :)

Re: Tough Situation..
 

Karma for the detailed post, Songbird--thank you for taking the time!

Re: Tough Situation..
 

Ditto! Very informative contribution Songbird, thanks. :)

Rene