Advice desperately needed !

[raven52 233]

Your situation would seem pretty desperate to me. I really feel bad for you.

To me you have to find a way to stay, as going back, will be a terrible tragedy and I see no way to recover to a decent life style.

You seem so genuine, I wish you the best, and hope a sponsor steps forward!

[N-o-l-a 7,167]

You have a third option, albeit one that you might not be willing to approach - EU family reunification. You can move to a third country in Europe and by law, you have the right to bring your husband without the income requirements for the UK. I can't remember the law exactly, but there was some specified period of time you had to spend in the 3rd country before you could immigrate back to the UK and be covered under family reunification. https://www.gov.uk/family-permit/surinder-singh

Just a thought.

[Jawaree 717]

Don't leave hunker down get a job to help him

anything, babysitting, and AOS . If U leave U may

be separated for a long time. You've already

overstayed, have you thought about doing

telemarketing from home with a reputable company?

you can get a tax # legitimately & pay your own tax

since that work would be contract, what about the

church members...trust me co-sponsors are there.

Can you bake? do some bake sales even once a mth

at church....plan events at church that will bring ppl in

like little concerts, after-school programs & get 2 of

the ladies to volunteer with you each wk...make it happen

[Boiler 43,437]

Don't leave hunker down get a job to help him

anything, babysitting, and AOS . If U leave U may

be separated for a long time. You've already

overstayed, have you thought about doing

telemarketing from home with a reputable company?

you can get a tax # legitimately & pay your own tax

since that work would be contract, what about the

church members...trust me co-sponsors are there.

Can you bake? do some bake sales even once a mth

at church....plan events at church that will bring ppl in

like little concerts, after-school programs & get 2 of

the ladies to volunteer with you each wk...make it happen

She is not work authorised.

Don't leave hunker down get a job to help him

anything, babysitting, and AOS . If U leave U may

be separated for a long time. You've already

overstayed, have you thought about doing

telemarketing from home with a reputable company?

you can get a tax # legitimately & pay your own tax

since that work would be contract, what about the

church members...trust me co-sponsors are there.

Can you bake? do some bake sales even once a mth

at church....plan events at church that will bring ppl in

like little concerts, after-school programs & get 2 of

the ladies to volunteer with you each wk...make it happen

She is not work authorised.

[N-o-l-a 7,167]

Don't leave hunker down get a job to help him

anything, babysitting, and AOS . If U leave U may

be separated for a long time. You've already

overstayed, have you thought about doing

telemarketing from home with a reputable company?

you can get a tax # legitimately & pay your own tax

since that work would be contract, what about the

church members...trust me co-sponsors are there.

Can you bake? do some bake sales even once a mth

at church....plan events at church that will bring ppl in

like little concerts, after-school programs & get 2 of

the ladies to volunteer with you each wk...make it happen

This is bad advice, you are aware that she is illegal and cannot work?

[Lauren and Kevin 55]

Just as an aside to be aware of - I have a feeling the British Govt had plans to make it much harder to move abroad and then move back - I seem to remember reading about people moving back to the UK being unable to claim benefits and medical for a period of time - probably someone else is clearer on this than me?

[shell20 746]

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.

My heart goes out to you. Seems you have a couple of options, but they both cost money. You could return home, find accommodation and find a job that pays enough to support you, your husband and children. I have looked at the relevant information and from what I can gather it's either the job that meets the thresh hold or savings over a certain amount, I think it was around £70,000, but that is just from memory. I think it is one or the other, not both you need, but I COULD be wrong. I don't know what you can do to find the money for air fare, do you have family or friends here, who might help?

Secondly, you could file for AOS, normally an overstay when you are married will be forgiven. This is not a cheap procedure. Nich Nick gave you the relevant fees and another member has looked into it and unfortunately these fees don't seem to be waived.

If you file for AOS you should get an EAD/AP within 90 days of applying, which will mean you can work until your GC arrives. Again though its an expense and I don't know how you will be able to afford this if you are struggling for air fare to England. However, Miracles do happen and I believe something will turn up for you! Good luck with whatever you decide!

[Done--Really 331]

To me the key is scraping up the $$ from whatever source possible, file AOS and AED, and then in about 60 - 90 days you can get a job. Entry level jobs are plentiful in almost all parts of the country and if you and your husband both worked even at McDonalds, the combined salaries would put you over the threshold and you wouldn't need a co sponsor. And once you are both in the job market, you will be surprised what you can find.

Stay here and while entry level jobs aren't glamorous, they will do the trick to get you a green card and on the road to citizenship so that you can leave the country down the road if that is what you would like to do.

Good luck

[ValerieA 350]

To me the key is scraping up the $$ from whatever source possible, file AOS and AED, and then in about 60 - 90 days you can get a job. Entry level jobs are plentiful in almost all parts of the country and if you and your husband both worked even at McDonalds, the combined salaries would put you over the threshold and you wouldn't need a co sponsor. And once you are both in the job market, you will be surprised what you can find.

Stay here and while entry level jobs aren't glamorous, they will do the trick to get you a green card and on the road to citizenship so that you can leave the country down the road if that is what you would like to do.

Good luck

OP is not legal to work. Burden is entirely on the husband.

[Done--Really 331]

Valerie --

file for AOS and EAD, and then she can work and they can share the burden -- am I missing something ??

[ValerieA 350]

Valerie --

file for AOS and EAD, and then she can work and they can share the burden -- am I missing something ??

But part of filing for AOS is the USC (or a sponsor) being able to sponsor the beneficiary. The beneficiary, in this case, cannot sponsor themselves. The AOS will be denied if the husband doesn't make enough, or they don't come up with an appropriate sponsor, and her EAD will then be revoked. I received my EAD around the time of my interview, to give you an idea of the typical timeline.

Her making money to share the shared household expenses burden is one thing, but that has nothing to do with AOS, which is the more pressing concern.

[TBoneTX 43,058]

Post removed and administrative action taken against a participant for condoning illegal activity.

TBoneTX

VJ Moderation

[Done--Really 331]

Val --

Ok -- so what you are saying is that the AOS will be denied out of hand before an EAD can be issued ?? We didn't go through AOS, so don't have direct experience, but it seems that EAD is issued long before AOS is adjudicated, so that in theory she could start to work a few months before the AOS is adjudicated and then they could update their financial information. Or she gets the EAD and then they get an RFE down the road a bit asking for more financial information and/or a co sponsor.

Please help me understand -- I was of the impression that the beneficiary's income could be used as part of the financial support if it continues after the green card is issued. At least that is pretty much what the I-864 instructions say.

[*Snowdrop* 603]

Britlady

Even if you want to move back to the UK eventually I think it makes more sense to sort out your situation in the US and make it legal for you and your children first.

Even with free flights and guaranteed free accommodation for you all, and a job which starts the instant you return, the expenses of that trip and repatriation will probably be almost as much as the AOS fee anyway. Plus your family is going to be separated for at least six months if not more.

You might not mind the idea of a ban right now but you never know what is going to happen in the future - for example you return to the UK and while you are building up the required work time your husband becomes ill, you would not be able to get back to the US to see him.

So I would work out the situation in the US - get your green card, and also for your sons. Then if you still want to return to the UK you can work on meeting the income requirements. (which are roughly six months work with the same company earning 18,600 pounds over here in the US, plus a confirmed job offer in the UK at that minimum for your return) That way you could apply for your husband to travel back with you at the same time.

But it's not going to be easy, you need to sort out the following:

- The AOS fee

- A job(s) for your husband making the required amount or a co-sponsor (doesn't have to be a relative)

The once you have processed your AOS, it makes sense to save up and do the same for your sons and you will also need to make sure that you have the right documentation for their legal permission to permanently emigrate (for example from their birth father if relevant)

Once you have your greencard you will at least be able to contribute financially and then be able to plan to meet the current financial rules for immigrating back to the UK - if that's still what you want to do then.

[ValerieA 350]

Val --

Ok -- so what you are saying is that the AOS will be denied out of hand before an EAD can be issued ?? We didn't go through AOS, so don't have direct experience, but it seems that EAD is issued long before AOS is adjudicated, so that in theory she could start to work a few months before the AOS is adjudicated and then they could update their financial information. Or she gets the EAD and then they get an RFE down the road a bit asking for more financial information and/or a co sponsor.

Please help me understand -- I was of the impression that the beneficiary's income could be used as part of the financial support if it continues after the green card is issued. At least that is pretty much what the I-864 instructions say.

I don't want to unnecessarily derail this thread - but AOS from a non-K visa takes, typically, 3-5 months. EAD takes 60-90 days. Either way, AOS is filed first, and the financial information (I-864) is filed with it, not after.