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-   -   Looking for some much needed advice... (https://britishexpats.com/forum/usa-57/looking-some-much-needed-advice-762648/)

toshtishtash Jun 23rd 2012 4:45 pm

Looking for some much needed advice...
 
Hi there,

I am new to this website as of today so please forgive me if I am posting this in the wrong place!

I am in a bit of a sticky situation and I'm not sure how to get out of it. I was born and raised in England and moved to the States on a fiancee visa 4 years ago. I kept to the terms of the fiancee visa by getting married within 90 days. Soon after this my Husband was laid off from his job and ever since then we have been struggling to make ends meet. He has had jobs since then, but there has only been enough money coming in to pay rent and bills, there has been nothing left over. Because of this we have never actually been able to raise the money to apply for my Adjustment of Status, meaning that I can't work, I can't get my driving license etc. 19 months ago we had a child (which I did actually manage to get certain assistance to help with the costs)

Things have just taken a complete turn for the worse and we were evicted from our house that we had lived in for 3 years. We are currently living with my Dad and Step Mum, but cannot stay here for much longer (not only that but our truck broke down which we cannot afford to fix and we are living 6 miles away from the nearest town) My Husband and I have been discussing our options.

One option would be to go to a family homeless shelter, we have called them and so far they have all been full. We can keep hoping that there will be space soon and if that option became available, we would be able to live in a town where my Husband could walk to work and hopefully we wouldn't be there for too long. I'm not sure if I want my Son in this environment though.

The other option would be for me and my Son to return to England and my Husband to follow us when he can afford to. My family and friends in England have offered to chip in for my flight home and my Son's passport. I have a place to stay there. I am unsure about this option though for several reasons... If I moved back, would I actually be entitled to any benefits? I know that I could get a job pretty much straight away but that isn't going to be enough to afford housing. The other worry is, that in the future there may be a time where we will have enough money to think about moving back to the States. Would the fact that I have been 'out of status' here for 4 years prevent me from doing that? I know that once I leave, I can't come back to visit, but what if I started the whole process over again and came on a spousal visa instead?

When I moved over here, I had absolutely no clue that things were going to be this way. I am terrified, I have never been in this situation before and I really am at a loss on what to do!

I would appreciate any advice!

Thank you!

nun Jun 23rd 2012 6:11 pm

Re: Looking for some much needed advice...
 
So it sounds like you never went for the Green card after you got married so you are in the US illegally, is that right? I have no idea how US immigration will deal with that. Moving back to the UK with your son is an option for you, but there are new income levels required for non-EU spouses to be allowed into the UK. Right now is sounds as if you won't meet those. If you can find work in the UK then you should be able to apply for your spouse to join you.

My advice would be for you to see if your family can loan you the money to apply for the Green card, if that doesn't work return to the UK with your son and once you have a job see if your husband can join you.

ian-mstm Jun 23rd 2012 7:09 pm

Re: Looking for some much needed advice...
 

Originally Posted by toshtishtash (Post 10134971)
My family and friends in England have offered to chip in for my flight home and my Son's passport.

Since they're willing to pay for an international flight, it seems to me that the easiest thing would be to ask your family and friends for the money to file for your adjustment of status. Once filed, you are allowed to remain in the US legally. You'll get permission to work in about 90 days... and you'll get your green card 6 or so months after.

Ian

ian-mstm Jun 23rd 2012 7:14 pm

Re: Looking for some much needed advice...
 

Originally Posted by nun (Post 10135066)
I have no idea how US immigration will deal with that.

They won't care. She's out of status, but since she met the requirements of the visa, she'll probably be fine. No one will even notice unless she comes to their attention prior to filing for AOS. Once she files, she's safe.

Ian

Leyther Jun 23rd 2012 7:58 pm

Re: Looking for some much needed advice...
 

Originally Posted by ian-mstm (Post 10135124)
They won't care. She's out of status, but since she met the requirements of the visa, she'll probably be fine. No one will even notice unless she comes to their attention prior to filing for AOS. Once she files, she's safe.

Ian

Any idea how long one has to file AOS after marriage on the K1?

I understand that the only obligation is to get married within 90 days of entering, just wondering if there was a maximum amount of time someone had to adjust?

Only reason I ask is that due to the time that the OP has been here, it may be prudent to also file the I-130 and do a standard I-130/AOS package?

toshtishtash Jun 23rd 2012 8:30 pm

Re: Looking for some much needed advice...
 
Thanks for the replies guys, I appreciate it :)


So it sounds like you never went for the Green card after you got married so you are in the US illegally, is that right?
That's correct although through lots of research and asking around, I have been told that I am not actually here 'illegally' because I kept to the agreement on my K1 visa. I am out of status. I'm not actually sure what the time frame is on this. All I have been told is that I should do this ASAP. I spoke to one woman on a visa forum who had been in the country without filing for AOS for 15 years! She didn't recommend leaving it that long though for obvious reasons!


Since they're willing to pay for an international flight, it seems to me that the easiest thing would be to ask your family and friends for the money to file for your adjustment of status. Once filed, you are allowed to remain in the US legally. You'll get permission to work in about 90 days... and you'll get your green card 6 or so months after.
I will definitely ask them this, but it's going to be more expensive than the flight. They are struggling financially too. It costs $1060 (the last time I looked) to file AOS. I'm hoping it doesn't go up anymore!


Moving back to the UK with your son is an option for you, but there are new income levels required for non-EU spouses to be allowed into the UK
Would he be able to work as soon as he got to the UK? And would his income be included in the required income levels?

If the AOS is not an option right now, does anyone actually know what would happen if I DID go back to England? Would I be able to reapply on a K3 visa in the future? Or would the fact that I have been out of status for so long affect that?

SanDiegogirl Jun 23rd 2012 8:38 pm

Re: Looking for some much needed advice...
 
Your husband can only move to the UK when you (or other co-sponsors) can show that you can support him with no recourse to public funds and he has the necessary spouse visa. Currently the cost for this is 826 GBP. He would be able to work once he has his visa.

At least if YOU move back to the UK then, if your family can provide child care, you might have the opportunity to work. No guarantee of this of course since there is unemployment in the UK as in the rest of the world.

You could be eligible for welfare benefits - probably not immediately - but once you have proved permanent residence in the UK.

Boiler Jun 23rd 2012 9:23 pm

Re: Looking for some much needed advice...
 
You would need to get a reasonably well paying job to be able to sponsor him to the UK. UK new regs do not allow co sponsors, exactly how all this will pan out with the Euro Courts etc seems a confused issue.

I would have thought the job opportunities were better in the US, from what I have been told. what is your Husbands skill base, you say your Father is in the US, how did he get here?

toshtishtash Jun 23rd 2012 9:49 pm

Re: Looking for some much needed advice...
 
When did that change? I swear it used to much easier :/

My Husband is a carpenter/handyman and is really struggling to find work. The job situation where we are isnt all that great. Not many people are spending money on their houses right now!

My Dad has been here for 10 years. My Step Mum is American but lived in England for 20 years. They had enough of England and they moved here. My Dad came in on a visa and got a green card instantly. (Not sure what visa he came in on but he was able to work from the day he arrived)

SanDiegogirl Jun 23rd 2012 9:52 pm

Re: Looking for some much needed advice...
 
New rules regarding the level of income required to bring in non-EU spouses etc are coming in on 9 July 2012.

However the need to have the necessary spouse visa before being allowed to live in the UK has always been in effect.

toshtishtash Jun 23rd 2012 10:22 pm

Re: Looking for some much needed advice...
 
Thanks, I knew about the visa. I just didnt know about the income. I just looked it up and was actually completely unaware that it was so high!

Lion in Winter Jun 23rd 2012 11:12 pm

Re: Looking for some much needed advice...
 
I don't know how much two one-way tickets to the UK are, but I know how much round trip ones are, and from the cost you give of AOS it doesn't seem that AOS could be much more expensive? (Or even one ticket, if your baby can go on your lap).

I know truth is stranger than fiction, and I don't want to pry, but would it be possible for you and the baby to continue staying with your father and stepmother, and your husband maybe shares an apt. in town with someone from work while saving up the money to fix the transport? The if you could get the AOS filed with help from your friends, you too could work. This seems no more insecure than you moving back to the UK if you have no one there to take you in and no good job prospects, and therefore uncertain when your husband would be able to join you.

Many people find themselves in situations they never expected to be in. I certainly have, and there's no shame attached to it at all. You are trying to figure out how to sort it, so more power to you.

penguinsix Jun 23rd 2012 11:18 pm

Re: Looking for some much needed advice...
 
Is she in or out of status, and would this result in a travel ban denying her the right to return to the US? I'd hate for her to leave only to discover she can't return.

Is there anywhere else in the US you might consider where there is a better opportunity for work? Maybe the oil rush in the Dakotas right now?

Lion in Winter Jun 23rd 2012 11:22 pm

Re: Looking for some much needed advice...
 

Originally Posted by penguinsix (Post 10135373)
Is she in or out of status, and would this result in a travel ban denying her the right to return to the US? I'd hate for her to leave only to discover she can't return.

Is there anywhere else in the US you might consider where there is a better opportunity for work? Maybe the oil rush in the Dakotas right now?

If you have no cash, you can't really move. You can't pay travel expenses, or lodging expenses when you get there, or feed yourself while job hunting.

Boiler Jun 23rd 2012 11:35 pm

Re: Looking for some much needed advice...
 
She is subject to a 10 year ban, waiverable, if she leaves the US before adjusting.


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