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!