JamesTroia

Hey guys!

So I just joined this forum as I honestly had no idea where else to turn at the moment.

I'm a British Citizen living in the US on an expired visa so let's just call me undocumented, the reason for this is I'm gay and my partner of 4 years is American and due to the (DOMA) Defense Of Marriage Act prevented myself and my partner from marrying and me finally getting legal status.

With DOMA being ruled unconstitutional, my partner and I are finally able to plan our wedding and contact immigration attorneys to get the ball rolling so to speak.

So I sent in my passport application, with my old expired passport, had it countersigned by a friend who met the "countersignature requirement" (incensed insurance agent), basically I did every single thing the the application from asked of me.

And then I just received this:

Dear Mr XXXX,

Thank you for your recent application for a British passport.

In order for us to continue processing your application, you will need to provide the following documents/information:

Ø Current Photo ID –

o Send a good copy of the photo page of your non-UK passport
OR
o Send two forms of government issued photo ID (e.g. resident card, driving licence, work authorisation card, Canadian Health Card).
OR
o If you are unable to produce the afore-mentioned you should send two letters from professional persons (i.e. your employer, doctor, dentist, teacher etc.) who have known you for at least two years. These must be on headed paper (with a photograph of you stapled to it) confirming the likeness of the photograph and giving details of how long and in what capacity they have known you. The professional persons should sign the back of one of the photos (as stated on the application form guidance notes). A family member or Notary Public is not acceptable as a referee/countersignature.

Please send this to:
Attention: Pending Team....

Now remember, I am undocumented, I don't have 'current photo ID', nor do I have 'government issued photo ID'.

And now have the issue of finding 2 MORE 'countersignatures', which I have no idea who to ask, the only person I knew that 'qualified' was the person who countersigned my passport app/photos.

I don't know what do, I feel literally stuck.

Anyways, does anyone know of a way around this, if I explained my circumstances would they just issue the passport?

Any help would be greatly appreciated.

hungryhorace

Living on an unexpired visa isn't in itself a problem (I believe), it's the date to which you were stamped in on your I-94 that matters. Have you over-stayed your stamp in date?

If so, once the UK Consulate work out you're undocumented (if they do), then ICE will be alerted and you'll be looking at deportation proceedings.

You need to speak to an immigration attorney, and see what your options are.

sir_eccles

Are you literally saying that you don't know two people who have jobs who can say they have known you for half the time you have been in the US?

Other than that you need to at least have a consultation with an immigration attorney.

One other thing, what visa did you overstay?

JamesTroia

Yes, I have overstayed my visa, but that itself isn't actually an issue, due to recent changes with ICE, undocumented partners of American citizens are not a high risk to be deported and detailed, which is great news for me.

http://immigrationequality.org/clipp...r-deportation/

Basically they want to deport everyone that is undocumented that has a criminal record first, (why they were not doing that in the first place is beyond me), so the whole overstaying the visa thing isn't the issue here.

I mean, it's not as if I have been mooching off the system or anything, I've kept myself fit and healthy so I have never really had the need for a doctor, never been arrested, cautioned, none of that, I am basically a model citizen that happens to be undocumented

JamesTroia

sir_eccles, I know plenty of people that have jobs, I just don't know any that FIT the requirements to countersign.

Occupations

Countersignatories must work in (or be retired from) a recognised profession or be ‘a person of good standing in their community’, eg:

accountant
airline pilot
articled clerk of a limited company
assurance agent of recognised company
bank/building society official
barrister
chairman/director of limited company
chiropodist
commissioner of oaths
councillor (local or county)
civil servant (permanent), but not someone who works for Her Majesty’s Passport Office
dentist
director/manager of a VAT-registered charity
director/manager/personnel officer of a VAT-registered company
engineer (with professional qualifications)
financial services intermediary (eg a stockbroker or insurance broker)
fire service official
funeral director
insurance agent (full time) of a recognised company
journalist
Justice of the Peace
legal secretary (fellow or associate member of the Institute of Legal Secretaries and PAs)
licensee of public house
local government officer
manager/personnel officer (of a limited company)
member, associate or fellow of a professional body
Member of Parliament
Merchant Navy officer
minister of a recognised religion (including Christian Science)
nurse (RGN and RMN)
officer of the armed services
optician
paralegal (certified paralegal, qualified paralegal or associate member of the Institute of Paralegals)
person with honours (an OBE or MBE, for example)
pharmacist
photographer (professional)
police officer
Post Office official
president/secretary of a recognised organisation
Salvation Army officer
social worker
solicitor
surveyor
teacher, lecturer
trade union officer
travel agent (qualified)
valuer or auctioneer (fellows and associate members of the incorporated society)
Warrant Officers and Chief Petty Officers

Oh, I overstayed my tourist visa.

We have attorneys picked out for immigration matters already, But we are holding off on seeing them until I have my passport, because the attorneys can't really file anything unless I am married to my partner which requires my passport.

Also I just want to add, my partner works in Insurance and has done for many years, and we have friends that also work in the insurance industry who could and would sign, I just honestly feel (especially now with getting this email from them) that having 2 people from the same industry countersign would look suspicious, and they could reject the application or delay everything again.

JamesTroia

hungryhorace, Due to recent changes at ICE, I'm basically no longer at risk of being detained and/or deported, they are focusing on high risk undocumented people like people with criminal records etc.

My background is clean, hell I don't even jaywalk lol

Noorah101

Did you actually have a tourist visa (B-2), or did you enter using the VWP (Visa Waiver Program...no visa)? It might make a difference only if your AOS is denied. If you entered on the VWP, you have no rights to an appeal of USCIS' decision.

I was just about to ask WHY you needed your passport. With an overstay situation, you wouldn't want to be leaving the USA until you have your green card in hand, and you don't need your passport for AOS.

Have you double checked the marriage requirements in your state? They might be OK with showing an expired passport, I believe it's simply for ID purposes. You're not going to use the passport for travel, and you've overstayed so have no current valid visa in it anyway. I'd check the facts on your own, separate from what the attorneys are telling you.

Rene

Noorah101

Seems like someone on the above shortened list wouldn't be too hard to find. In the years you've been in the USA, you've never gone to a doctor, a nurse, an optician, a pharmacist? You have met with attorneys to handle your immigration case, so that covers legal secretary, paralegal, and solicitor. You said you can get one from your partner's insurance contacts, so you only have to get 1 more from the list above. Does it have to be someone who actually knows you, or just someone to see you in person and see that the photo is actually you? Justice of the Peace can be booked, you can call Salvation Army offices, photographers, and if you go to church, then the minister or other church official.

Rene

JamesTroia

Hey there Renee,

I entered on the VWP, and honestly, I don't really see their been an issue with gaining citizenship because I'm undocumented, and if there is, that's the for attorneys to sort out.

I just checked online and it would appear I don't actually need a current passport to marry my partner (and yes I'm having a major face palm at the moment lol), you just need a photo ID.

However, the British Passport office has my passport, and we paid $250 to get it renewed so I may as well continue with getting it renewed, and that still leaves me with the current issue.

Yeah, I just need one more person to countersign, or maybe I need 2 since the first person that count signed obviously didn't meet the passport office's requirements.

OH, and that person has to of known you for 2 years+, I really wish I could just walk into a church/pharmacy/salvation etc and have someone sign it, but I like to do things by the book.

I just contacted an old friend of ours who we've not talked to in years, both are in the medical field, so I am hoping they are "qualified" to countersign.

But man this is frustrating, instead of freaking out about a wedding I am freaking out about a passport that I thought I needed to get married, but I m probably going to need it for all the immigration documents anyways.

Thanks for your reply!

sir_eccles

They are going to reject your application if you send nothing in. There is nothing inherently suspicious about them being in the same industry. As long as they are not related to you and can attest to your identity I would get them to sign.

JamesTroia

Yeah, I know after 30 days they return everything to me, but like I said I'm worried that sending letters from 2 people from the same industry/firm would just look suspicious.

I know that it would probably be ok, but honestly after getting this email from the, I just want all this over and done with, and I don't want to do anything that could put me back to square one.

Noorah101

You don't need a passport for the Adjustment of Status process. The only thing you might need is a photocopy of the ID page of it.

My comment about entering on the VWP was not related to you being an overstay, but rather that when one enters on the VWP they waive all rights to an appeal, if USCIS denies the AOS for any reason.

Rene

Duncan Roberts

I wouldn't be quite so confident with the immigration part. First off, you can't just get citizenship. Secondly, adjustment of status for same sex couples is basically uncharted territory. But the biggest issue is AOS from the VWP is not exactly straightforward and has a large amount of risk to it. The overstay won't help that risk.

hungryhorace

Apart from flagrant disregard for the US's immigration laws. But hey, you don't appear to mind that you've broken the law.

hungryhorace

Then, frankly, you are a fool and seemingly have no idea of the US immigration system. You may not even qualify for a green card, let alone citizenship! You've shown a willful disregard for the rules; you think that looks good for you?