Re: What to do???
 

Oh dear, yes...even a spouse married five years, if he's non-EU and doesn't have ILR. :(

The UK spouse visa rules changed this past July, and now being married for 4+ years makes no difference whatsoever. And UKBA now require a new & fairly high financial threshold (either the British spouse's income, or the savings of both have to be at a certain level for at least 6 months). It's discouraging lots of UKCs with foreign (i.e. non-EU) spouses from planning a quick retreat "back home".

Here's a brief overview of the changes to the spouse visa:
http://www.ukba.homeoffice.gov.uk/si...mily-migration

More specific info can be found on the BE UK Spouse Visa Wiki. And lots of discussions going on on the 'MBTTUK' Board of BE itself.

So... you're probably better off getting stuck in here in America, because taking your husband back to the UK is a whole new game now.....

Re: What to do???
 

Yeah that's probably a good thing to be honest, not that we particularly wanted to go through the rigmarole of going through that entire process again. If we had the money to go back to the UK, then we would just use that money to move out of here. It's not that we are unhappy with the US, just with this living situation. We tried for too long to get here to just turn around and leave again.

Re: What to do???
 

I think you and your husband have to sit down and create a plan with timelines such as getting you a drivers license, get both him and you permanent jobs, moving out, etc.

Try to set realistic but tough goals and try to keep to the timeline. In the timeline try to be as detailed as possible such as in two weeks, I'll go to the DMV and take the test for my learners permit and the following day, I'll start driving around the local area with my husband.

Re: What to do???
 

The sponsor is first in line to provide required support, the joint sponsor comes next if the sponsor is unable to provide the support. It's not about satisfying USCIS, it's about satisfying the law that requires there to be someone to support the immigrant. A joint sponsor is obligated under the law to provide the support that is required that the sponsor cannot provide.

If the issue if means-tested benefits that a government agency has provided when they shouldn't have, and the agency wants to recover those benefits, then it's up to the agency to go after the sponsor and then, if the sponsor comes up short, go after the joint sponsor for the remainder.

If the issue is that the alien is not being supported by their sponsor, it's up to the alien to go after the sponsor and then, if the sponsor comes up short, go after the joint sponsor for the remainder.

Regards, JEff

Re: What to do???
 

Maybe. Maybe not. The agency that improperly provided the means-tested benefits must decide to take action. The agency might decide to not take action, for whatever reason, or might not even recognize that it has improperly given benefits that it has a right and a means to recover.

Regards, JEff

Re: What to do???
 

I agree. These agencies do not have power like the IRS to seize bank accounts and garnish wages without a trial but more like that of a car dealer that tries to collect a debt. They could sue the principle or the cosigner and if awarded a judgment, then start garnishment proceedings to collect the debt.

Whether to go through that process is likely based on a cost/benefit analysis just like banks do to try to collect on credit card debt. Many times the cost outweighs the benefit to the bank so the bank does not pursue the matter.

The agency may be able to withhold future payments without a court order but they unlikely have the power to garnish bank accounts or income without a court and garnishment order.

Re: What to do???
 

UPDATE: So, that same night, my MIL fell down the stairs and broke her leg. She was in hospital all weekend, now she comes home and orders me to start paying towards the utilities (not her son, directs all this at ME) and saying that they can't afford to support us anymore. Even though utilities is about all they do support us with, because both when my husband has been unemployed and employed, we've provided our own food. I believe that this is because now they have incurred all sorts of medical bills she wants to backtrack our whole arrangement here, both legally standing ones and informal ones.
So I brought up that my FIL signed an affidavit of support to support me, and that the understanding was that he was going to help us get on our feet.
OMG, the drama that followed. Well I won't bore you with that, but now it's created such a nasty atmosphere that we just want to get the hell out of their house asap.
Who the hell does that anyway? They're supposed to be family. Now I can't trust them, because it's always been "don't worry about it" (referring to money) now they want us to pay every last penny back.
My questions: is any money that my husband's father paid out for my support, as my joint sponsor, recoverable, even when we have not previously agreed to his support being on a "loan"?
Can he recover any money spent during supporting me alongside my husband and son, as in, is it 125% of the poverty level for the household size, or just me?
If yes, what can be recovered?
I can't believe I'm even asking these questions, but I think they bit off more than they could chew, are not comfortable with both formal and informal financial arrangements, and could quite possibly sue us for expenses incurred because they're nit picking at various things and saying they were "loans" that need to be paid back.

Re: What to do???
 

Oh bugger! Sorry to hear this. Obviously it has escalated out of control.

Re: What to do???
 

Pretty much. Ugh. I just wish we hadn't made this move now.

Re: What to do???
 

I'm sorry you feel so trapped. You have to remember the reasons you moved that don't include the family.

If I were in your situation, i'd look on Craigslist for a 1 bed apartment or even a park-home/trailer park home you can rent inexpensively for 6 months while you save as much money as possible.
I know there are 3 of you, but as a short term solution, it may be better than where you are.

Re: What to do???
 

Or look for a job that comes with an apt/reduced rent. Like being responsible for an apartment block

Re: What to do???
 

Storage places too, well some of the larger ones around where I am at least.

Re: What to do???
 

Recoverable from whom? You and your husband?

The 125% figure is what you could sue HIM for (after you sue your husband, of course). Your FIL can't sue anyone for 125% of the poverty guideline...that's the amount he's supposed to be giving YOU.

Your FIL would have to speak to perhaps a family law attorney to see if any money he spent on your behalf is recoverable....my guess is that it will be too expensive for him to hire a lawyer to get just that small amount back.

Rene

Re: What to do???
 

No but there is nothing stopping them from taking you and your husband (both must be sued at the same time) to small claims court but there would need to be an idiot of a judge to award them any money.

Re: What to do???
 

Well yes. I guess I'm asking what CAN be seen as adequate support, and what CAN be seen as loan during this time? We are living under their roof, now they're trying to say we owe them for utilities and phone bills, all accrued when my husband was unemployed and therefore couldn't support me. They bought us a car and paid for plane tickets, all on a "don't worry about it", "we're just glad you're here", then got us cell phones, again "don't worry about it", then it was "you can pay us back when you're straight", now it's "pay us this amount every month, plus utilities, plus I got your bill wrong for your phones so I'll have to change it". Thing is we didn't agree to it but have no proof, and we'll never get ourselves sorted out with this all on us now.