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!

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.

Re: Looking for some much needed advice...
 

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

Re: Looking for some much needed advice...
 

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

Re: Looking for some much needed advice...
 

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?

Re: Looking for some much needed advice...
 

Thanks for the replies guys, I appreciate it :)

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!

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!

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?

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.

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?

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)

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.

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!

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.

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?

Re: Looking for some much needed advice...
 

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.

Re: Looking for some much needed advice...
 

She is subject to a 10 year ban, waiverable, if she leaves the US before adjusting.

Re: Looking for some much needed advice...
 

In a situation like this, filing AOS absolutely has to be top priority.

I will point out that you are extremely vulnerable in your current situation if your marriage was to end. You could risk having to leave the United States and not be able to take your child with you.

Even if it was to be possible, sponsoring husband for a UK visa won't be cheap (and the flights and other moving costs aren't cheap either) and your parents are in the USA as well, so why are you even thinking about leaving?

Re: Looking for some much needed advice...
 

Most people usually file within the 90 days validity of the K-1... however, there is no deadline nor a requirement to file in a timely manner. Quite simply... there's no time limit on filing.


There's no reason to file an I-130.

Ian

Re: Looking for some much needed advice...
 

So what does she need to file to change her status?

An I-485?

That has a $1,000 filing fee :ohmy:

Re: Looking for some much needed advice...
 

Yes. She needs to file an I-485 to adjust her status. This seems a heck of a lot simpler plan, than to uproot and move back to the UK.

With the cost of her plane ticket, maybe the child's plane ticket, the cost of his visa, and the subsequent cost of his ticket to the UK, that route seems a lot more pricey.

Not even mentioning the new visa rules coming into effect on July 9th. It's not just the income level that has to be met, the UK citizen has to be in the job for a minimum of 6mo before they are eligible to sponsor their spouse. So even if you found a job paying that income right away, it would still be a minimum of 6mo before your husband could join you in the UK (this is all assuming you can't file the visa paperwork before July 9th).

Re: Looking for some much needed advice...
 

Probably that, plus the form for an Employment Authorization Document (is that I-765?) to allow her to work, and get a Social Security Number if she doesn't already have one.

And the likely ban from re-entering the United States once she leaves. She should not leave, even for vacation, until she has a green card in hand.

Re: Looking for some much needed advice...
 

I think there are two different points here.

a) Yes, you 'entered' the United States legally, however, b) your being out of status makes your presence here 'illegal' in essence.

US immigration has two different aspects, the right to enter and the right to remain. It looks like you entered legally, but you haven't remained here legally.

Being "out of status" for more than 180 days means you have had an illegal presence in the United States. The punishment for this is severe. If you are out of status from 6 to 12 months, the bar is 3 years. If over a year, the bar on re-entering the United States is 10 years. If you were to return to the UK at this time without sorting out your status, you will not be returning until 2022 at the earliest.

However, being "out of status" is 'forgivable' more or less if you are married to a US citizen. If you apply to change status the fact you have been living "out of status" is forgiven (by most, but not all immigration offices) and you will be issued a Green Card, giving you the right to come and go in and out of the US, etc.

note: I'm doing this from a rusty memory and a bit of a hangover, so if anyone has better / more accurate advice please feel free to add it. EDIT: Please seen ian-mstm comment's below for a correction on this post.

Re: Looking for some much needed advice...
 

Just to add my opinion, I agree with those who have said to make AOS top priority right now. The filing fee for the I-485 is just over $1,000 (I didn't look it up at www.uscis.gov). She will need the vaccination supplement done which could be another $100 or so. Hopefully she won't need a whole new medical.

To me, even an AOS cost of $1,200 sounds better than a ticket to the UK, being separated from her husband for who knows how long, etc. Once AOS is filed, she'll have work authorization a couple of months later, and she can get a job and help with the money situation at home. The family and friends back in the UK are willing to chip in for her (and maybe son's) airline ticket, plus the son's UK passport (and maybe US passport, if he doesn't already have one). Seems to me all that would come to more than $1,200 anyway.

I also agree with the idea of her husband going to find work in another city and living on the cheap over there, while she stays with her dad and stepmother. That will also help the current money situation.

Rene

Re: Looking for some much needed advice...
 

Being in an overstay situation for more than 180 days/1 year means a 3-year/10-year ban. She fulfilled the requirements of the visa by getting married within the 90 days. She is not in an overstay situation, she is out of status. If she did not get married, then she would be in an overstay situation.

Ian

Re: Looking for some much needed advice...
 

Thanks. An important difference.

Will she have problems if she leaves given her current "out of status" but not overstay situation?

Re: Looking for some much needed advice...
 

No

Re: Looking for some much needed advice...
 

But to come back in she'll have to go all through the immigration bit again, this time as married to a USC rather than engaged, correct?

Re: Looking for some much needed advice...
 

Yes.

Rene

Re: Looking for some much needed advice...
 

Yup, and based on AOS'ing, that and the AP document are all rolled into the I-485 cost, so there isn't a separate $380 fee anymore, which you only now pay if you're extending the EAD.

Re: Looking for some much needed advice...
 

Coming back in will take longer and be more expensive.

Re: Looking for some much needed advice...
 

That would be the easiest and best way but unfortunately, that is not an option.

We have actually been looking into this, along with Colorado and Wyoming but it is just not possible at the moment.

Yes :( $1060. The paperwork I need to fill out is now all bundled into one. It's for a work permit, permission to leave the country and re-enter and for my green card. It used to be MUCH cheaper. It actually changed in the October before I moved here!

This is what I have been told. I feel much better for actually having that confirmed, thank you!

Well, in the past couple of days, we have had some pretty good news (Just in the nick of time really!)... It's going to be tough for a while but I'm ready for the challenge :) We have the opportunity to live in a trailer on a farm for the next few months, rent free in exchange for work around the farm. My husband had good news about a job the other day too, it's looking very promising. If all goes well, we will be able to save all his pay and get the truck fixed, sort my visa out and save up the money for a new place to live. I am hoping all this will be achieved by October. I will be keeping my fingers crossed that this all works out how we are intending it to!

Thank you all once again for your advice!! I really do appreciate it!

Re: Looking for some much needed advice...
 

Get the adjustment of status (AOS) sorted first, then the truck, then a new place to live... in that order.

Do not, under any circumstances whatsoever... do not leave the US without a green card in your hand. As long as you remain in the US, even if you're out of status, you have options. As soon as you leave the US, your options become severely limited.

Ian

Re: Looking for some much needed advice...
 

The fee is actually $1,070. http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD

It's been that fee for quite some time now, and it only used to be MUCH cheaper, many years ago. Since your medical is now over 1 year old, you will also need to factor in the cost of a whole new medical exam.

I wouldn't bother filing the I-131 for AP. I wouldn't leave the USA until you have your green card in hand.

I agree with Ian, make AOS your top priority. Until you file AOS, you are removable from the USA.

Rene

Re: Looking for some much needed advice...
 

Good luck. Trailers may be small, but there is privacy and the baby won't care a bit as long as he/she has you and is safe and fed. Well done for sorting it out.