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Help our desperate situation please. URGENT.

Help our desperate situation please. URGENT.

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Old Apr 27th 2004, 5:08 pm
  #16  
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Hi Honeymommy

Sorry to here of your situation, I`m with manc1976 on this one, not much they can do in my opinion.
Remember when you went there your good credit history was worth jack **it - well it works both ways now.

Did your hubbies employer start GC proceedings at all? only you mentioned LC. Is there a political will on the company side to keep your husband on? If so maybe you could do some kind of deal on attorney fees.
I am heading out on an L1 myself soon, my company has promised GC app, I will make damn sure that is the case, I can easily see how your situation can arise.
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Old Apr 27th 2004, 5:24 pm
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Yes I believe that your husband's employer has the obligation under BCIS rules to repatriate you if his employment ceases with them.

Does he not have a Contract of Employment or a list of Terms and Conditions in his offer letter? Surely there is something to this effect in writing in his initial non-immigrant visa petition and cover letter? Why not call the BCIS or see if there is information on their website about this? Also there should be a Congress person who serves your area, why not give them a call? You have nothing to lose and it might wake up the HR dept. Be very careful that they don't try to make you pay your airfares out of the severance package....

Bromleygirl posted this link a while ago, so at least you will be entitled to housing if you return to the UK and any government benefits due to the 'Swaddling' case acknowledged in the report for returning British expatriates...plus of course Child Benefit:

http://www.ac-company.org/en/forum_en/hrt_en.html

What does your husband do exactly? Does he do Project Management for instance? I can ask my husband if he is recruiting right now - he's currently moving a British family over to the Boston area to work on a project on L1/L2 visas - but need to know the sort of work your husband is involved in.

I'd forget about filing for bankruptcy here - it will be of no benefit to you and you might as well start again in the UK with a 'clean
slate'. Just write to the companies saying that you are unexpectedly having to return to the UK and give a forwarding address in the UK whereby they can contact you. I agree with the comments above, when you are back in the UK just offer to pay it off bit by bit in instalments.

As for the cars - the day before you leave I guess you could just park the cars at the place you bought them from (maybe after closing time! - leaving a note explaining where the keys are and mail the keys to the finance company. They'll almost certainly just resell or auction the cars. I've heard that expats do that with their cars - especially their lease cars (in Hong Kong) quite frequently.....or even park the cars in a side street and mail the keys in with a note saying exactly where they've left the car.
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Old Apr 27th 2004, 6:08 pm
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Also look into your husband working for himself on an E visa. I know a british family who did this when they were in a very difficult predicament. There are definitely ways round your visa situation and you need to take the advice of other on here in not panicking and get a second opinion, or even a 3rd and 4th opinion too.

good luck
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Old Apr 27th 2004, 6:41 pm
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Originally posted by Englishmum

What does your husband do exactly? Does he do Project Management for instance? I can ask my husband if he is recruiting right now - he's currently moving a British family over to the Boston area to work on a project on L1/L2 visas - but need to know the sort of work your husband is involved in.

i dont think changing employers in the US is an option.
on the brighter side, your employer will foot the cost of the trip back. includes shipping stuff too.

if i were your hubby, i'd put more effort in getting a similar/better job in the UK/EU than trying to stay here.
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Old Apr 27th 2004, 7:04 pm
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I have just had a conversation with a bankruptcy lawyer in LA and he says we can file and stay till we meet with creditors and sign papers then leave the country.... BUT.... There is a chance they may need more info after that.... only a small chance but there is one..... Then it would be a problem and could be dismissed and bankruptcy not granted....

As far as hubby switching jobs in USA.... Not possible as the time it takes for visas to be approved we would have died of starvation.......
L visa is for UK to USA company.... same company different country so it doesn't apply in hubbies case...

Immigration lawyer today had no news and said has another call to make...... ARGHH!!!
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Old Apr 27th 2004, 7:37 pm
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Someone correct me if I'm wrong, but if you file for bankruptcy they will take your severance pay.

I'm with EnglishMum and Manc - get the company to repatriate you(or sponsor hubby for a GC- that would be cheaper for them).

Park your cars where you bought them just before you leave and mail the keys. I'd get on to your other creditors now, tell them you are leaving the country and negotiate repayment (get them to close the accounts now to stop interest accruing even more).

Take your severance pay- your kids are more important than any debt. Do you have a bank account in Jersey, by any chance?

With 4 children you should qualify immediately for housing, income support and child benefit in the UK...thank goodness for a country that has a social safety net!

I feel for you - the situation sucks, but it aint life threatening. You've survived cancer- this situation just takes some working out, but it is resolvable. I believe that everything happens for a reason, you never know this may be for the best in the long run. I would certainly rather go back to the UK than live in a foreign country on temp visas. Don't panic and Good luck!

Last edited by Taffyles; Apr 27th 2004 at 7:51 pm.
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Old Apr 27th 2004, 7:37 pm
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If you do need to move back to the UK you may be able to make more money as a nurse temping with an agency. I know RGN's can make good money, a couple of hundred pounds for a 12 hour shift, I just checked one site and ENs and RGNs not in charge were making the same money. Plenty of work available. I don't know how things would stand if you haven't worked for a while? Some of the nurses on the forum might know better than I. I guess you've come through worse than this. Whatever happens good luck.
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Old Apr 27th 2004, 7:46 pm
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You're getting so many comments on your thread, you've obviosuly hit a nerve with a few people here, I'm also in a similar position...

Came over with company A (they also promised GC transfer and then behaved like complete bastards)

Moved to Company B...good company but no promise of GC transfer.

I have a massive debt in the UK (Commerical Pilots license doesn't come cheap) which I am paying off slowly, but am thinking of moving it over here to loans and credit cards in order to make payment easier. The thing is, if I do that, and then don't get to stay in the US beyond the 6 years, I'll be leaving it here or transfering it back to the UK again.

I agree with a previous comment, your good credit from the UK was worth nothing in the US, so the reverse applies, you're bad credit over here (or even bankrupcy) will not show up in the UK, it sounds like a perfect way to avoid paying the liability...but I understand why you don't want to got hat path and I wouldn't want to do that either.

I think this comes down to where you really want to be, you have spent 6 years in the US and I don't think that you'll have problem in staying if lady luck falls your way. There are jobs out there and I wish you both all the luck with whatever your chosen path...UK or US. We'll be here for you Honey!

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Old Apr 27th 2004, 7:51 pm
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I can go back to nursing as soon as I get back. I called the nursing board in UK and as I just finished USA LVN training here they say OK to start straight away in UK.....

TAFFYLES....

I definately agree with what you said as far as severence package being taken if we file...... And to be honest.... I am now leaning more to get out, save ourselves and deal with everything back in UK....

How do I get the credit companies to close the accounts and not acrue interest? I thought they would just add on loads if we didn't pay???????

Oh and british consulate...... Got a snotty BBC world news accent with a cucumber sandwich up her bum....... Said they can't help and we will just have to get out...... Said it happens a lot.....
Just thought I'd try.........

Me thinks Mr Honeymommy and I going to sit down for a chat later....... Poor Mr Honeymommy.....
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Old Apr 27th 2004, 8:06 pm
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Originally posted by honeymommy
I can go back to nursing as soon as I get back. I called the nursing board in UK and as I just finished USA LVN training here they say OK to start straight away in UK.....

TAFFYLES....

I definately agree with what you said as far as severence package being taken if we file...... And to be honest.... I am now leaning more to get out, save ourselves and deal with everything back in UK....

How do I get the credit companies to close the accounts and not acrue interest? I thought they would just add on loads if we didn't pay???????

Oh and british consulate...... Got a snotty BBC world news accent with a cucumber sandwich up her bum....... Said they can't help and we will just have to get out...... Said it happens a lot.....
Just thought I'd try.........

Me thinks Mr Honeymommy and I going to sit down for a chat later....... Poor Mr Honeymommy.....
I've never done it but have known people who have negotiated with credit card companies when they couldn't pay and asked them to close the accounts, cut up their cards, and told them what they could afford to pay back. They had to fight for it but it can be done.
Hopefully someone on here can tell you better how to do it or exactly what to say- but you do have them over a barrel on this if you're leaving the country. If they want a large repayment and won't come down- tell them that, in that case, all you can give them is a forwarding address in UK. They'll think twice about refusing any offer you make, I'm sure.


PS. A credit counseling agency won't help you till you are 30 days late with payments- if this is the case with you, get onto a good NON-PROFIT one and let them negotiate for you. The same thing will happen- all accounts will be closed and they will get the best deal they can for you re: eliminating or knocking down the interest rate substantailly. You will have only one monthly payment to the credit agency and they make your payments to your creditors and give you monthly statements. If you go this route- probably best not to tell the credit counselor that you are leaving the country, I don't know.

Last edited by Taffyles; Apr 27th 2004 at 8:14 pm.
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Old Apr 27th 2004, 8:32 pm
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Default Re: Help our desperate situation please. URGENT.

Originally posted by honeymommy
Help our desperate situation please. URGENT.

This is a post I have placed in a immigration forum, but I thought I would post it here as they sometimes take a week or so to reply. This is our problem at present and any help will be great thanks.

--------------------------------------------------------------------------------

Quick case history..
Husband on H1b wife and 4 kids on H4 have been in Califonia for 6 yrs. 7th yr extension denied (LC is pending 365 days but still denied as they say no LC). Appeal is pending on this extension. Told they can take up to 180 days to make decision..... We are legal till June 4th 2004... Only 5 1/2 weeks left.

We have no savings and a lot of debt. $45,000 and another $20,000 in car loans. We have no late payments or delinquincies...

We do not know what to do.....
Husbands company have talked about a severance package that could ammount to $22,000 and that they may pay shipping and flights. They refuse to put anything in writing so we have no definate promise from them. They are being very evasive and non commital....

So.... We are facing homelessness and unemployment back in the UK. Husband hasn't been able to find a job as yet. I am a nurse and may have to do a return to nursing course before I can seek work and the pay is only about GBP 13,000 a year for me, bearing in mind we have 4 kids 8,8,10 and 13 who need a parent when ot at school.

What we want to know is....

Can we file bancruptcy here in California before we leave the country?

Do we have to be here in California until the bancruptcy is completed?

What happens if we stay here illegally to complete the bancruptcy?

Someone suggested we just leave and don't pay the debts but we are honest people and don't want to do that. Anyway they would eventually trace us and add a load of interest and cost on to the allready high debt. We do however need to make sure we have some sort of stability back in UK...

We are in a desperate situation and any advice would be gratefully appreciated.....

Our immigration lawyer basically has the attitude of wait and see.... She said there was a 75% chance we can stay... that was back in February.... She is also very non commital.....I think she is now lost at what to do also.

We have no money to seek a second opinion and at the present we can only just afford to feed ourselves after the bills are payed....

Any ideas that are serious and sensible?


Thanks very much..
Sorry the consulate were no help. Beats me what those buggers are here for. I used to work for the Brit Embassy when I was in Philly, they essentially employed me and my paycheck came from there. I used to have to go up there quite a lot and what a bunch of tossers they are, they are all over here on a jolly, they treated us all in Philly like shit, thought they were all better than us.

I agree with what has been said, re the severance package, you have to keep your hands on that at all costs. As for the debt, I would also do as some have said. Call them all up and explain the situation, trust me if they think they are going to get nothing they will panic and take anything just to recover something. They will probably threaten you, or try to, hey what are they going to do, shoot you?

I think if I had been thru what you have with the cancer, I would be inclined to say "stuff it" and leave gracefully. If they chase you, then they chase you, you can jump that hurdle should it arise. Good idea about leaving the cars, boy there are some devious people on this forum. I would never have thought of that. I am taking notes for future reference should I ever need them.

Whatever happens will make you stronger I am sure. I believe things are thrown our way for a reason, you may not see it at the time, but it usually tends to work itself out further down the line.
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Old Apr 27th 2004, 8:45 pm
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Originally posted by honeymommy
I can go back to nursing as soon as I get back. I called the nursing board in UK and as I just finished USA LVN training here they say OK to start straight away in UK.....

TAFFYLES....

I definately agree with what you said as far as severence package being taken if we file...... And to be honest.... I am now leaning more to get out, save ourselves and deal with everything back in UK....

How do I get the credit companies to close the accounts and not acrue interest? I thought they would just add on loads if we didn't pay???????

Oh and british consulate...... Got a snotty BBC world news accent with a cucumber sandwich up her bum....... Said they can't help and we will just have to get out...... Said it happens a lot.....
Just thought I'd try.........

Me thinks Mr Honeymommy and I going to sit down for a chat later....... Poor Mr Honeymommy.....

Hey, why poor Mr. Honeymommy - I think he's a pretty lucky fellow to have someone as strong as you for a wife and ally.
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Old Apr 27th 2004, 9:41 pm
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My Mum used to say god only put on you what you could deal with.......

HEY GOD I AM DONE NOW OK!!!!!!!!!!!

After the shock of twins, 1 yr on crutches (from 3 mths pregnant till they were 3 mths old). My dad dying of cancer 1wk after they were born, then me having cancer.... I decided that these things happened so that one day I may be able to help someone else in a similar situation.......

I AM DONE NOW!!!!! please stop!!!!!



So today apart from calling all the lawyers etc..... I had to go for a mammogram and ultrasound which is one of those 6 monthly things I have had to endure for 3 yrs now....... They kept me waiting 40 mins then I think she was trying to pull one of them off doing the mammo.... She said hold your breath... I said It's Ok I can't breath anyway...... Then the ultrasound after another 35 min wait..... All done.... get dressed..... 15 mins later... Sorry the machine broke we have to do it again....... ARGH!!!! So over 2 hrs later I was free....... repeat in 6 months again!!!!
Theres a sign on the wall says...... To prepare for mamogram drive to local gas station with friend at 2 am in winter... lay with right breast on ground and get friend to drive over it then repeat on other side....

Ok.... I still have a sick sense of humor still I am OK..

Just had another lawyer on the phone unfortunately one of those overenthusiastic ego guys..... Lets just say... We will not be using him....... Ego was so big and mouth so far in overdrive he didn't listen to the questions I had and tried to make me out to be uninformed.... You know the type..... So I asked how many chapter 7's her had filed then how many had gone through to completion and how many denied or thrown out, And how long he had been practising in California or any other state... That put an end to that....

So Question..... If hubby gets severence pay in the form of a check???????? How does that effect bankruptcy????
Oh and what about his 401 K... He is going to cash it in......



Just want to thank everyone for all you help... You have answered or given me ideas that have helped balance out alot today..... The sickly panic feeling is starting to subside again.... LOL
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Old Apr 27th 2004, 9:57 pm
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Originally posted by honeymommy
My Mum used to say god only put on you what you could deal with.......

HEY GOD I AM DONE NOW OK!!!!!!!!!!!

After the shock of twins, 1 yr on crutches (from 3 mths pregnant till they were 3 mths old). My dad dying of cancer 1wk after they were born, then me having cancer.... I decided that these things happened so that one day I may be able to help someone else in a similar situation.......

I AM DONE NOW!!!!! please stop!!!!!



So today apart from calling all the lawyers etc..... I had to go for a mammogram and ultrasound which is one of those 6 monthly things I have had to endure for 3 yrs now....... They kept me waiting 40 mins then I think she was trying to pull one of them off doing the mammo.... She said hold your breath... I said It's Ok I can't breath anyway...... Then the ultrasound after another 35 min wait..... All done.... get dressed..... 15 mins later... Sorry the machine broke we have to do it again....... ARGH!!!! So over 2 hrs later I was free....... repeat in 6 months again!!!!
Theres a sign on the wall says...... To prepare for mamogram drive to local gas station with friend at 2 am in winter... lay with right breast on ground and get friend to drive over it then repeat on other side....

Ok.... I still have a sick sense of humor still I am OK..

Just had another lawyer on the phone unfortunately one of those overenthusiastic ego guys..... Lets just say... We will not be using him....... Ego was so big and mouth so far in overdrive he didn't listen to the questions I had and tried to make me out to be uninformed.... You know the type..... So I asked how many chapter 7's her had filed then how many had gone through to completion and how many denied or thrown out, And how long he had been practising in California or any other state... That put an end to that....

So Question..... If hubby gets severence pay in the form of a check???????? How does that effect bankruptcy????
Oh and what about his 401 K... He is going to cash it in......



Just want to thank everyone for all you help... You have answered or given me ideas that have helped balance out alot today..... The sickly panic feeling is starting to subside again.... LOL
A couple of comments. Sorry to hear about your misfortunes.

Bankruptcy is serious. It generally involves handing over all your assets to the court for supervised distribution amongst your outstanding creditors. This means everything. If you attempt to hide money or assets you can committ a criminal offence with criminal penalties attached to it. I suspect your husbands redundancy money would fall into that catergory. If you keep it you may find the bankruptcy fails or worse you committ a criminal offence. be careful.

You credit in the UK may be away to shit as well. You said your house in the Uk was repossessed. That will be on your credit record and you may have oustanding court judgements aginst you as well. You should probably arrange to get a copy of your Uk credit record and find out.

Good luck whatever happens and remember its just debt it wont kill you.

regards,

Duncan
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Old Apr 27th 2004, 9:59 pm
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Originally posted by honeymommy
My Mum used to say god only put on you what you could deal with.......

HEY GOD I AM DONE NOW OK!!!!!!!!!!!

After the shock of twins, 1 yr on crutches (from 3 mths pregnant till they were 3 mths old). My dad dying of cancer 1wk after they were born, then me having cancer.... I decided that these things happened so that one day I may be able to help someone else in a similar situation.......

I AM DONE NOW!!!!! please stop!!!!!



So today apart from calling all the lawyers etc..... I had to go for a mammogram and ultrasound which is one of those 6 monthly things I have had to endure for 3 yrs now....... They kept me waiting 40 mins then I think she was trying to pull one of them off doing the mammo.... She said hold your breath... I said It's Ok I can't breath anyway...... Then the ultrasound after another 35 min wait..... All done.... get dressed..... 15 mins later... Sorry the machine broke we have to do it again....... ARGH!!!! So over 2 hrs later I was free....... repeat in 6 months again!!!!
Theres a sign on the wall says...... To prepare for mamogram drive to local gas station with friend at 2 am in winter... lay with right breast on ground and get friend to drive over it then repeat on other side....

Ok.... I still have a sick sense of humor still I am OK..

Just had another lawyer on the phone unfortunately one of those overenthusiastic ego guys..... Lets just say... We will not be using him....... Ego was so big and mouth so far in overdrive he didn't listen to the questions I had and tried to make me out to be uninformed.... You know the type..... So I asked how many chapter 7's her had filed then how many had gone through to completion and how many denied or thrown out, And how long he had been practising in California or any other state... That put an end to that....

So Question..... If hubby gets severence pay in the form of a check???????? How does that effect bankruptcy????
Oh and what about his 401 K... He is going to cash it in......



Just want to thank everyone for all you help... You have answered or given me ideas that have helped balance out alot today..... The sickly panic feeling is starting to subside again.... LOL
First off, glad you are ok. I usually go for my mammo and the other at the same time, get all the good stuff done on the same day. Oh the joys of being a woman, necessary evil unfortunately.

Don't know about getting severance in a cheque. Maybe you could get them to just ship it to UK to Jersey or somewhere to a bank account. I am just bloody sure I would not let anyone get their hands on it, same with the 401K, give them a forwarding address, if it is in the UK I am sure they cannot touch it, maybe wrong though, I am not the brightest person in the world. I am sure some more ideas will come along in a minute. You are going to need every penny you can get your hands on.

It will be interesting to see how this plays out over the next few weeks. I am also sure there are a lot of people in your situation, you always feel like you are the only one when it happens to you though. It took a lot of balls to come on here and ask for help. Looks like most have risen to the challenge and are willing to give advice etc, thats Brits for ya, nobody like them.

Keep writing, and if any of us can help or come up with any more suggestions, we shall write back.
Take care
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