advise please

[Opalie 0]

Hi there

I am hoping for a little advise and really some direction, I will try and keep it as brief as possible.

In 1997 I (I am British) met my now husband (he is an American citizen), in 1998 we moved to Florida (we were not married and I went in on a visitor visa, which we had extended for a further 6 months with no problem). In 1998 our son was born in FL, and in 1999 we were married in Florida and later that year our 2nd child was born. We looked to change the status of my visa to spouse. Everything was fine, until we got a letter saying we had an interview..but the letter was received after the interview date.

In a panic, we went to the INS office, where they assured us there was no problems, we would be sent another date. TO our dismay, we had a denied letter for not turning up to the interview. We involved the consulate, who after about a year, said the INS had lost our paperwork and we should start again. By this time, I had had enough and returned to the UK in 2002 with my children and my husband joined me here a few months later. We lived in the UK from 2002 to 2010. In 2010 we decided it would be good to go back to the USA.

He returned with our children, and got a job (after several months), which included accommodation. I stayed here as I do not want the same problems as before, but miss my children and husband terribly. The problem I have, is :

(1) Do we need to write on the I-130 the previous information?

(2) His income is below the 125% (it’s just a poor salaried state!) but he has free (well $100 per month) accommodation which includes all utilities, can we increase his salary as to include what it would normally cost for these things?

(3) I can have a letter saying I can have a job there...would this help?

(4) Should I enter on a visitors or Esta visa and ask for a change of status (I have visited the USA twice with no problems in Sept and Nov 2010)

(5) He did not file his taxes for the USA while he was in the UK.. he worked here (UK) and had a good salary, how will this fair on the affidavit of support?

Thank you all so much, and any advice would be appreciated,

Thanks

Op’s

[Opalie 0]

Sorry subject should of said advice not advise!

Op's

[Mrs O. 29]

My very brief advice: Be 100% honest.

Answer questions truthfully, dont hide info(they'll find out eventually), dont bump up salaries(pay slips will not back up inflated salary)

[Done--Really 331]

From what you have said so far, it looks like you had an overstay, left the US, and then returned a couple of times, presumably using the VWP. You need at least some cursory legal advice before you contemplate any further actions. There is a terrific immigration chat every Wednesday--please go to this link, and ask your question--keep it simple--they don't respond to multipart questions. Also, please consider a consultation with Laurel or another immigration lawyer that specializes in waivers--you may not need one, but you won't know for sure until you check into it. DO NOT deal with any lawyer that does not specialize in waivers. Here is the link to the chat where you can ask a question for tomorrow, as well as the link to Laurel Scott's website--you may have to register with immigrate2us before you can post your question with them:

http://immigrate2us.net/forum/showthread.php?96540-Questions-for-Laurel-s-Chat-5-11-11

http://www.scottimmigration.net/