Ashleigh-ann

Hey everyone, this is my first post

I have 2 daughters 8yr and 4yr to an American man (Detroit MI) we got married in 2015 but we are now almost divorced due to a huge breakdown in the marriage.

The UK home office have given him until May 31st to either apply for a new visa or he will have to leave. He can’t afford the £2,400 visa so will have to go.

I want to know if I can move with my children to the States so my daughters are not far from their dad. I am an esthetician (beauty therapist) I have some savings.

I just don’t want my children away from their father.

where I am living in the Uk now I don’t have family around. They are all 3-5 hrs away from me so I’m really not worried about moving somewhere and being a single mother.

Can anyone give me some advice on where I stand?

thank you

christmasoompa

Unfortunately, having US citizen children doesn't give you any right to move to the US, you'd need to qualify for a visa on your own merits.

I assume that a spousal visa isn't an option if the marriage has broken down, so have a look here and see if any other route may be feasible - https://britishexpats.com/wiki/Pulas...ork_in_the_USA

Being a beauty therapist isn't likely to get you an employment based visa, but your savings may help with an E2 or EB-5 visa, depending on how much you've got (details of amounts are in the link above).

I'd also suggest you post in the visa section of the Moving Back to the UK sub-forum, in case there is an option for your husband to stay in the UK that you don't know about - I believe there are hardship waivers for visa fees, or charities that will help with it, so do post in there and those in the know may be able to suggest a solution. Or if you have savings and want the children to be in the same country as their father, could you maybe use the savings to pay for his visa extension? Would be a heck of a lot cheaper than moving you all over to the US as well!

Best of luck.

civilservant

Until your children are 21, based on what you have said, you have no path to a visa.

When they are 21, your children can sponsor you for an immediate relative visa, assuming that they are US Citizens, and that the laws have not changed at that point. Currently, you would be looking at about 18 months from application to issuance.

Rete

What happened to your plans to marry and move to the US that you posted on July 3, 2012?

So confused, need advice!!

civilservant

Seems that they married and he received leave to remain for a period of time.

Now that the marriage has broken down, the LTR has been cancelled or otherwise is about to expire.

christmasoompa

Just a thought, is your husband/ex-husband planning on returning to Detroit? If so, if you can't find a US visa that works for you, it may be worth looking to see if you'd be eligible to get a visa for Canada. Then you could live just across the border from him. I know it's not the same as being in the same place for your daughters, but would be much easier for him to see them there than in the UK.

civilservant

I strongly disagree.

The fact that you are required to provide evidence of a bonafide marriage implies to me that USCIS, as part of the visa process, wishes to assess if you intend to remain in the marital union and that it is, in fact, true. Otherwise the marriage certificate itself would be sufficient to prove a legal marriage exists.

I fail to see how misrepresenting a marriage as bonafide when in fact you are actually intending to get divorced the day after the immigrant arrives in the US is anything other than fraud. This, after all, is exactly the same way in which entering on the VWP as a tourist when your intention is to adjust is fraud.

Ashleigh-ann

he can not afford the new visa so he is going back to Detroit. Is getting a visa in Canada easier? I just want my daughters to have their father in their life. He was unfaithful on numerous occasions and I just could take it anymore. I did try to forgive but it just kept happening

Ashleigh-ann

he was on a spouse visa. Home office cancelled that as we aren’t living together as spouses

Pulaski

I agree with your disagreement - if the couple are in the process of negotiating a divorce, even if they have not filed any paperwork yet, their situation is functionally no different from getting married just to obtain permanent residence.

I think that the esteemed Mr Folinsky is relying on the argument that they didn't get married to qualify one of them for permanent residence, but I think to say that remaining married for the same purpose is somehow different, is an over-reach.

Pulaski

So how are you expecting to get a US visa on the same basis?

BTW Are you aware that (i) our qualifications as a beautician likely have little or no value in the US, and that you will need to pass state level exams to be allowed to work as beautician, and (ii) the world is about enter a major recession and demand for beautician services is likely to decline when many people are going to struggle to find money for food, clothing, and rent?

christmasoompa

Canada is certainly a heck of a lot easier than the US, yes. Just thought it may be worth investigating if he'll be living on the US/Canada border. Pop over to the Canada immi section of the forum for help on that side of things.

But I'm still struggling to understand this a bit tbh, you say you'd only be moving so that your daughters could be near their father, but if so then can you not pay for his visa fees so he can just stay in the UK? Even if as a loan? It would be much cheaper than you moving to Canada or the US, which will cost considerably more than that, and you wouldn't have to uproot your daughters. Or do you actually want to move to the US?

Noorah101

Are the children USCs?

Rene

civilservant

His visa is being terminated by the Home Office due to their impending divorce. I'm not sure that him staying is actually a realistic option.

christmasoompa

Possibly not, but the OP says he can't afford the prospective visa (whichever one that is), not that he's not eligible to stay. It may be an employment based visa.

So if cost is the only issue, then paying £2400 is going to be so much cheaper than the OP and her two children moving abroad (possibly even cheaper than just him moving back, by the time he's paid for a flight/rental deposit for place to live/etc).