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Oh bloody hell!, please advise...UPDATED

Oh bloody hell!, please advise...UPDATED

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Old Nov 17th 2009, 11:42 am
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Default Oh bloody hell!, please advise...UPDATED

God, I'm in such a mess.
I've been living in the US since 97, married a citizen in 98, started AOS, never made it to the first interview as we broke up. I was originally here on a B1/B2 Visa. I recently remarried, after 9 years of being together with my new wife but we have decided to move back to the UK to live.

Here in lies my problem:
My passport expired in 07, i understand in order to renew it the consulate requires proof of my legal right to be in the country, which i don't have,(other than a marriage cert) my ex wife destroyed all my original paperwork but I really need to get back to the UK pronto.

If i turned up in the UK with an expired passport, what would happen?

thanks in advance for any help you guys can give me.
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Old Nov 17th 2009, 11:53 am
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Default Re: Oh bloody hell!, please advise...

I found this post online that says i can travel home on an expired passport: http://uk.answers.yahoo.com/question...0001520AAEuNk0
is this correct?
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Old Nov 17th 2009, 1:10 pm
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Default Re: Oh bloody hell!, please advise...

Originally Posted by Nanoman
My passport expired in 07, i understand in order to renew it the consulate requires proof of my legal right to be in the country, which i don't have,(other than a marriage cert) my ex wife destroyed all my original paperwork but I really need to get back to the UK pronto.
Your marriage certificate doesn't give you any legalright to be in the USA. Even if you had your past original paperwork, that still wouldn't give you a legal right to stay here, since you never got your green card.

If they require proof of your legal right to be in the USA, then you can't renew your passport here, and have no choice but to travel back on your expired passport.

You know you'll incur a 10-year ban from returning to the USA because of your long overstay, right?

Rene
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Old Nov 17th 2009, 1:19 pm
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Default Re: Oh bloody hell!, please advise...

Don't know why you can't just go to the British Consulate and ask for a temporary passport which will allow you to return to the UK. Why don't you call them and find out.
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Old Nov 17th 2009, 1:25 pm
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Default Re: Oh bloody hell!, please advise...

Originally Posted by Noorah101
Your marriage certificate doesn't give you any legalright to be in the USA. Even if you had your past original paperwork, that still wouldn't give you a legal right to stay here, since you never got your green card.

If they require proof of your legal right to be in the USA, then you can't renew your passport here, and have no choice but to travel back on your expired passport.

You know you'll incur a 10-year ban from returning to the USA because of your long overstay, right?

Rene
Yes Noorah, im very aware of the 10yr ban thing. All im concerned with is getting back to the uk.
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Old Nov 17th 2009, 1:28 pm
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Default Re: Oh bloody hell!, please advise...

Originally Posted by Rete
Don't know why you can't just go to the British Consulate and ask for a temporary passport which will allow you to return to the UK. Why don't you call them and find out.
Time and money. I'm totally broke and can barely afford my flight.

SO, can someone tell me, what would actually happen when i arrive at gatwick with an expired passport please. Will i be waived thru or will they hold me while they confirm my passport or something?

thanks.
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Old Nov 17th 2009, 1:43 pm
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Default Re: Oh bloody hell!, please advise...

Originally Posted by Nanoman

Here in lies my problem:
My passport expired in 07, i understand in order to renew it the consulate requires proof of my legal right to be in the country, which i don't have,(other than a marriage cert) my ex wife destroyed all my original paperwork but I really need to get back to the UK pronto.

If i turned up in the UK with an expired passport, what would happen?

thanks in advance for any help you guys can give me.
Are you saying that you've been told that you have to have paperwork proving your legal status in the US? If so who told you this? In all the times we've renewed passports for myself, hubby and our son I don't recall the Consulate asking for paperwork related to our residency in the US. The British consulate has nothing to do with US immigration as far as I know, so why would they ask you for such paperwork?
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Old Nov 17th 2009, 1:45 pm
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Default Re: Oh bloody hell!, please advise...

I am no expert but I believe that the airlines are under threat of HUGE fines if they accept a passenger without the correct paperwork, you need to speak to the consulate urgently, as I doubt that you would be allowed to fly out.

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Old Nov 17th 2009, 2:06 pm
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Default Re: Oh bloody hell!, please advise...

Originally Posted by Sue
Are you saying that you've been told that you have to have paperwork proving your legal status in the US? If so who told you this? In all the times we've renewed passports for myself, hubby and our son I don't recall the Consulate asking for paperwork related to our residency in the US. The British consulate has nothing to do with US immigration as far as I know, so why would they ask you for such paperwork?
I think the Consulate wants legal ties in the UK like a birth certificate or proof of naturalization.

Nanoman, why don't you call the office and find out for sure about what legal proof they want. Don't engage in speculative drivel, that will waste more of your money and time.
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Old Nov 17th 2009, 2:33 pm
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Default Re: Oh bloody hell!, please advise...

Originally Posted by lostlove
I think the Consulate wants legal ties in the UK like a birth certificate or proof of naturalization.

Nanoman, why don't you call the office and find out for sure about what legal proof they want. Don't engage in speculative drivel, that will waste more of your money and time.

LL

They don't have the right to demand your ties to your own country. You cannot be denied entrance into your own country nor can you be denied a passport to your own country if you have been living abroad.

To nanoman, I'm sorry that you are in this position but why oh why did you not return to the UK before your pockets were empty? You have no choice but to contact the British Consulate and ask how to proceed to return to the UK with limited funds and an expired British passport.
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Old Nov 17th 2009, 2:38 pm
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Default Re: Oh bloody hell!, please advise...

I have some questions for you:

1. Why have you not reapply for adjustment of status when you remarried?

2. How are you going to afford the spousal visa required for your spouse to return to the UK with you?

3. Does your spouse not work? Do you not work (admitted illegally)?

4. Do you not have friends or relatives that you can hit up for a loan?

5. You do know that your wife cannot travel to the UK with you to live without having the proper UK spousal visa?

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Old Nov 17th 2009, 3:01 pm
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Default Re: Oh bloody hell!, please advise...

SUE:

I was looking at one of those sites that gets your passport renewed for you for a fee.

RETE:

I don't have the time to go into WHY i'm broke, nor do I think it would help this discussion. I have assets that i'm in the process of selling but cannot work and therefore need to get back to the UK ASAP.
Regarding your questions;
1, we were married 2 months ago and now looking at what it's going to take/cost to apply for AOS, we'd rather just move back to the UK.
2, As i said, selling our assets (cars/boat etc) will pay for my wifes UK AOS.
She will be following me later next year once i have an abode and job set up.
3, yes my spouse works, thats enough to pay our rent here and other bills only. I do not work now as i do not have employment authorization.
4, were working on 'hitting up family and friends' for help and my father has sent money which went on bills, but im not going to rely on that.
5,Yes, i am aware she needs a spousal visa before entering the UK, which is why she is staying behind until the assets sell.

UNFORTUNATELY, no one has actually answered my question tho...?
WHAT will happen when I arrive at gatwick with an expired passport? As I said earlier, i read online that you CAN return to the UK with an expired Passport. I can use my US ID card to get on the plane, ITS THE OTHER END IM CONCERNED ABOUT.

Thanks for all the replies, sorry if i seem short but i'm well stressed right now and YES, im going to call the consulate now but i just thought i'd see what people had to say about my specific questions here.

Last edited by Nanoman; Nov 17th 2009 at 3:04 pm.
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Old Nov 17th 2009, 3:08 pm
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Default Re: Oh bloody hell!, please advise...

Your US ID wont let you on an international flight out of the US. (Unless it's a US PP, which from your post it clearly isn't.)

Good luck with everything - I hope that it all works out for you.
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Old Nov 17th 2009, 3:10 pm
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Default Re: Oh bloody hell!, please advise...

Glad you have all that straight then, Nano, about the UK spousal visa, et al.

As for your question, I don't know the answer. You cannot just use your US identification to get on the plane. You NEED to show you passport to be allowed to board an international flight.

Looks like you are going to have to call the British Consulate or at least try PM's Dean who is with the British Consulate in the Caribbean. He posts here on BE. Do a quick search for him and you should find him easily. Believe he also gives his email addy.

The username is British Consul and here is a post by him

http://britishexpats.com/forum/showt...tish+Consulate

Last edited by Rete; Nov 17th 2009 at 3:13 pm. Reason: Correction
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Old Nov 17th 2009, 3:11 pm
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Default Re: Oh bloody hell!, please advise...

Just tryed calling the consulate in Atlanta, i can't get ahold of a person without PAYING $2 per minit! Does anyone know of a number i can call to speak to someone about this without having to pay?
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