Advice desperately needed !

[britlady70 1]

My situation is very complicated and I have no idea where to turn to right now, I am just hoping someone on here can help me.

I am a UK citizen born and raised there. I married my US husband 3 years ago and I have been in the USA ever since. I originally entered the US on ESTA visa waiver that my airline said I had to apply for. But that is all I have obtained and that expired after my first year here. My original intentions was to come here and marry and we were going to go back to England together. My husband is in love with England and it is his dream to go there. We planned on returning before my waiver had expired, but one thing lead to another and mostly financial reasons prevented us from being able to apply for UK citizenship for my husband. I have two UK citizen sons also, who are both here with me and are attending US schools. I entered the country legally and married my husband with the intentions of us all returning to the UK. We both were involved in a car accident that took up all our savings on medical expenses and new vehicle. My husbands health was greatly effected too. My husband is a preacher and the money he earns is sporadic and sometimes none at all. He is desperately looking for secular work so he can support us and so we can make some permanent status changes one way or the other but so far he is having no luck. It has got to the point that now I have to make a decision to return on my own steam to the UK with my kids because it has become impossible for us to stay here on the little money my husband earns. and I am scared about our legal status also. I recently discovered that if I contact the UK embassy they may help me with the cost of travel back home. But I am scared to do that in case I will not be allowed to return if my husband cannot come to England either. The immigration process in the UK seems much harder than the US. I could return to England and return to work and save enough money for the immigration costs etc. I am so worried our family will be split up because of this. I had no idea everything would be so complicated and expensive marrying someone from a different country. I am going to make my situation worse by returning or will it go in my favour? I have a place to stay with friends. But I cannot afford my air fare yet. I am willing to leave ASAP if needed. I have no problem with that, I just don't want my family being split up permanently and we just don't have the finances to return. Also will I run into any trouble on connecting flights from my local airport to the international airport? I would hate for my children to experience any trauma with security there.

[Ontarkie 13,904]

~~Moved to AOS from Work, Student and Tourist Visas, from IR1/CR1 as the Op is already in the US and her plans changed.~~

[Boiler 43,401]

If you leave now you will have a 10 year ban, waiverable.

Neither you or your children will be able to use the VWP again and getting a B Visa could be challenging.

I would have thought a Preacher would be in a very good position to find a co sponsor so you can stay and adjust.

I presume you have looked at the financial requirements for him to immigrate to the UK. If you have good earning potential then that could be the way to go.

[britlady70 1]

If I were to return to the US, I would not come on a visa waiver program so that is fine. Are you absolutely sure about the10 year ban? And no we cannot get a co sponsor at all right now, not for lack of trying. So is it possible to stay and adjust? I was under the impression from other forums it is better to leave and re apply from home instead of run the risk of a 10 year ban staying here. So much conflicting advice and I cannot afford an immigration lawyer! Very frustrating.

[Boiler 43,401]

As soon as you leave the ban kicks in, sounds like you have it back to front.

If you want to stay then either he gets a job that meets the income requirements or a co sponsor

Find it odd that in his trade he can not find one.

Edited April 6, 2015 by Boiler

[ValerieA 350]

Boiler is correct, the ban is placed on you when you leave the country, so if you do leave, you won't be allowed back for 10 years without a waiver. AOS is likely preferable - I don't know what the UK rules are, I somehow think they are tougher - but your spouse will either have to get a job that covers all of you or get a sponsor.

[Boiler 43,401]

UK income requirements are higher, and co sponsors are not allowed.

[yuna628 9,527]

Here's the thing: If you leave with your children and return to the UK you've entered a rather impossible predicament that the current UK immigration law places you and your family in.

Even if you go back and manage to find employment immediately (of which I have to tell you current climate would say you might not be able to), you would have to be working above the required wage and for a period of time (6 months) under the law. For one spouse to immigrate (provided your children ARE British citizens already) you must be earning £18,600 per year.

For savings you must have £62,500. These holdings must be banked for a certain amount of time.

And I have to tell you, there have been more instances of UK individuals just managing to meet those means and still being rejected. It is a painful process, especially when it ends up being all for nought. No co-sponsours or help for housing from friends can be used. No income from your spouse, and if you're self employed good luck. Also have been instances of them counting British children when they shouldn't to make threshold even higher.

Yes it is true that you will incur a 10 year ban if you leave, that you may be able to get waived. You and kids cannot use the VWP (visa waiver program - what you entered under) again, and Boiler is right, it is very unlikely for you to obtain a B visa. In order for you to adjust you will need a sponsour or co-sponsour. There's no real way to get around this. Your husband will need to find employment that meets our threshold for you and the kids to adjust.

Edited April 6, 2015 by yuna628

[britlady70 1]

@ boiler I guess reformed baptists are poorer people than the other denominational preachers. Because no one we know meets the required sallary for a co sponsor or would be prepared to take on that responsibility. We actually want to live in the UK and would prefer it to here, we just do not want to be split up for years. I wish I had a crystal ball to know if I can easily find good work back home quicky enough, but we do own our own home here and could sell for the savings required to go to the UK, if the house will sell, the market is slow right now. Could take a long time. Kind of stuck between a rock and a hard place. Also thanks for all the advice guys but I have no idea what all the abreviations are for, I know you are all probably experts in all this, but some of us lesser mortals needs things in simpler terms please! :-)

[Cody and Daisy 373]

If you leave the states you will have the ban.

You overstayed for too long which means it will be 10 years.

Moving to the UK with your American husband will be 10x harder than staying and adjusting in the states.

My husband loves England but it was financially wiser for me to move to America.

Save up for AOS. And get your EAD so you can work and then help pay to adjust your sons.

If you are both set on moving to the UK, sorting out your status in the states might be wiser to do first.

But then again there would be no point applying for a green card if you do not wish to live there.

So it might be wise for just yourself to move back to England and find a good job and set your life up so you can afford to bring your family.

You'd need to earn enough for a household of four so that does make it harder, and if this is really what you want, then being seperate for your family will probably be the best for your family.

Edited April 6, 2015 by Cody and Daisy

[britlady70 1]

Gee aint it great, you fall in love and get married assuming you can stay together in the so called free US or free UK. Only to be made to feel like you are some kind of a criminal because of it. I guess I will have to go home and try all I can. There seems to be nothing I can do from here.

[Ontarkie 13,904]

~~One post and one quoting removed. Stick to answering the questions asked or do not post.~~

[xjoseyx 19]

Correct me if Im wrong, but couldnt the OP file a fee waiver due to the financial burden if paid for in full?

[Nich-Nick 3,353]

Well I wrote this reply before the others and then nodded off asleep before I posted. I see now you have gotten some good info, but I will post it anyway so you know there's another with the same advice.

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If you leave the US, you will have a ban from returning because of your overstay. You may file for your greencard while in the US based on your marriage to a US citizen. It is four part for you. The guide is here http://www.visajourney.com/content/i130guide2

I am not even sure what you do for the children. They are not married to a US citizen and I don't even know if they are eligible. I don't have kids so never paid that much attention to kid immigration. Somebody else can offer help with that.

The costs are going to be your problem. For only you--

Petition I-130 $420

Greencard plus biometrics I-485 $1070

Immunizations $ ???

Medical exam $150-250??

Plus you need a sponsor (your husband) who earns $30,312/year to meet the guidelines for a family of four. You can find a co-sponsor who makes enough if your husband doesn't.

At least if you file, you should be authorized to work during the 60-90 days that follow application. Your option of going home to work and save isn't a good one because your,departure will incur a ban from returning to the US for 10 years. You could also move back to the UK with no intention of returning to the US. You would have to have a job earning at a certain level to sponsor your husband to the UK. They do not allow joint sponsors, so you would have to be working there before he could come. They check your income level two more times in the five years it takes to became a "permanent" resident in the UK.

There are options to request a waiver of the two applications fees. See what it takes to be considered here http://www.uscis.gov/feewaiver

[Merrytooth 5,748]

Correct me if Im wrong, but couldnt the OP file a fee waiver due to the financial burden if paid for in full?

No fee waiver for AOS.