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BamaGoddess26

Sticky Situation?! Easy Resolution?!?!?!

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Hi,

 

So I am a UK citizen, i met my now husband (US Citizen) in September 2017 after first beginning to talk online in June 2017.
I stayed for two weeks & then returned home. He proposed to me before i got on the flight home, so we decided to get married when i return, which was in December 2017, however the official wedding (Chapel) wasn't until March 2018.
Within around a week of the wedding my ESTA had expired, and i should of returned home, but seeing that i could file for AOS, we decided to save for this & i stayed.
Unfortunately due to redundancy my husband lost his job, which as i was out of visa/esta we decided to do the right thing and come to the UK (July 2018).
My husband was granted a tourist visa when he arrived and the plan was to save and file for IR1/CR1/Green Card once i save enough, again due to life circumstances (Unforeseen Expenses etc.) it means we have now been in the UK for a year and my Husbands visa has ran out. (Around 6 months ago)

 

I am now worried because -
1) I overstayed my ESTA for 4 months this may affect my IR1/CR1/Green Card chances? (Any advice would be great!)
2) Due to UK Visa rules my husband cannot apply for an extension or apply for a family visa & isn't here under any visa!
3) I've been told we cannot file for my IR1/CR1/Green card here in the UK or by DCF because my husband isn't supposed to be here!

 

Does anyone have any solutions around this?

If my husband has to return to the USA without me, we will be both crushed, however we have accepted this may not be a matter for us to decide and are in the discussion of returning him back home upon advice i receive!

 

I have saved some money, however we won't have the IR1/CR1/Green Card fees until January 1st 2020 and i'm worried this may be a moot point as we may not be able to file until he is home (Please help?!)

 

All advice, help and constructive criticism we thank you in advance!

 

T&M

 



 

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2 hours ago, BamaGoddess26 said:

Hi,

 

So I am a UK citizen, i met my now husband (US Citizen) in September 2017 after first beginning to talk online in June 2017.
I stayed for two weeks & then returned home. He proposed to me before i got on the flight home, so we decided to get married when i return, which was in December 2017, however the official wedding (Chapel) wasn't until March 2018.
Within around a week of the wedding my ESTA had expired, and i should of returned home, but seeing that i could file for AOS, we decided to save for this & i stayed.
Unfortunately due to redundancy my husband lost his job, which as i was out of visa/esta we decided to do the right thing and come to the UK (July 2018).
My husband was granted a tourist visa when he arrived and the plan was to save and file for IR1/CR1/Green Card once i save enough, again due to life circumstances (Unforeseen Expenses etc.) it means we have now been in the UK for a year and my Husbands visa has ran out. (Around 6 months ago)

 

I am now worried because -
1) I overstayed my ESTA for 4 months this may affect my IR1/CR1/Green Card chances? (Any advice would be great!)
2) Due to UK Visa rules my husband cannot apply for an extension or apply for a family visa & isn't here under any visa!
3) I've been told we cannot file for my IR1/CR1/Green card here in the UK or by DCF because my husband isn't supposed to be here!

 

Does anyone have any solutions around this?

If my husband has to return to the USA without me, we will be both crushed, however we have accepted this may not be a matter for us to decide and are in the discussion of returning him back home upon advice i receive!

 

I have saved some money, however we won't have the IR1/CR1/Green Card fees until January 1st 2020 and i'm worried this may be a moot point as we may not be able to file until he is home (Please help?!)

 

All advice, help and constructive criticism we thank you in advance!

 

T&M

 



 

Wow... just wow.... how many tourist visas you wanna use fraudulently? I’m no expert, but straight off the bat you breached your initial tourist visa when you planned to get married in the states during your second visit.... should have been a K1... then the (wrong)visa expired and you breached that (again)by staying, and you still didn’t file AOS... then went and did the same in the UK 🙈

 

good luck, I think you might need it... be ready to spend at least 18 months apart while filing i130 when he goes home, your history of breaching tourist visa’s will see you high risk for breaching it again so no hope of visiting each other while you process the right paperwork legally


CR1/IR1 - USC Spousal Visa

  • Married 14 April 2018
  • I130 Package Sent 30 Sept 2018
  • NOA1 PD 5 Oct 2018
  • Assigned to Nebraska 😢
  • Change Address 12 Jan 2019
  • Still Waiting 😭😭😭

 

 

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2 hours ago, BamaGoddess26 said:

 

Does anyone have any solutions around this?

If my husband has to return to the USA without me, we will be both crushed, however we have accepted this may not be a matter for us to decide and are in the discussion of returning him back home upon advice i receive!

 

 



 

This to me would be the solution for you. Overstaying your esta would be something that you have to disclose in your Immigration journey but it does not have to mean a denial based on this.  So I would highly recommend this approach.

 

However, I think you both have seriously messed up your chances to be able to visit each other during the spousal visa process as both of you have a track record of overstaying.. So that will be tough. 

 

 


 

USNLhome.jpeg

 

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Posted (edited)

1.  You probably realize that your ESTA is gone forever, but the overstay will not affect your CR-1 immigrant visa.

2.  You can start the CR-1 process from anywhere in the world....but the DCF option is out if he is not legally residing there .

3.  Your husband MUST establish domicile in the US, and he must provide evidence of ability to financially support you in the US.

Only option:  Your husband returns to the US to establish domicile and starts the CR-1 process.  I see no other way.  Separation is part of the immigration process which requires a great deal of knowledge, planning, time, patience, and money.  I think you both need to develop a plan .  The CR-1/IR-1 visa process currently takes 12-16 months from filing to visa in hand.  The sooner you start, the quicker the separation is over.

Edited by missileman

                    "What I am to be, I am now becoming"-  Benjamin Franklin     

   :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

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Sooner he returns home sooner he gets a job sooner you can start the process.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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9 hours ago, BamaGoddess26 said:

 

I have saved some money, however we won't have the IR1/CR1/Green Card fees until January 1st 2020 and i'm worried this may be a moot point as we may not be able to file until he is home (Please help?!)

 

All advice, help and constructive criticism we thank you in advance!

 

T&M

 



 

Increase your income, decrease your expenses. You can so it sooner.

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Though it sucks, you can live off ramen noodles and Mac N Cheese. Have been there and done that, lived in my car, showers at truck stops or I got smart and got a 9.95 a month gym membership for use of the showers only really. Those were tough times, but it can be gotten thru, and it is going to take some serious will power, but you can do it. At one time I had 1 full time night job at a gas station, and 2 part time jobs one as a security officer, and one as a cashier at a grocery store, and I saved money as fast as I could to get back on my feet and start over again.

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So after a discussion & a good cry, we have accepted that he must go home. So we are now fixing some flights home in the next week. I'm also in the process of filing in the next week, after securing a loan from a family friend.. although i'm consulting a lawyer so we miss no steps. 

 

As he will be classed as unemployed what do we do for the income requirements? can we use an affidavit ?

 

T&M x

 

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Posted (edited)
4 minutes ago, BamaGoddess26 said:

So after a discussion & a good cry, we have accepted that he must go home. So we are now fixing some flights home in the next week. I'm also in the process of filing in the next week, after securing a loan from a family friend.. although i'm consulting a lawyer so we miss no steps. 

 

As he will be classed as unemployed what do we do for the income requirements? can we use an affidavit ?

 

T&M x

 

At the appropriate stage, he will have to either show sufficient evidence of ability to support you or he will have to have a joint sponsor who can do so....via forms I-864.

 

EDIT:  Financial support documents are not relevant for several months after filing.....so he has time to obtain employment.

Edited by missileman

                    "What I am to be, I am now becoming"-  Benjamin Franklin     

   :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

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1 minute ago, BamaGoddess26 said:

So after a discussion & a good cry, we have accepted that he must go home. So we are now fixing some flights home in the next week. I'm also in the process of filing in the next week, after securing a loan from a family friend.. although i'm consulting a lawyer so we miss no steps. 

 

As he will be classed as unemployed what do we do for the income requirements? can we use an affidavit ?

 

T&M x

 

He is the US citizen so he will have to file the petition.

Regarding the income, he might need a co-sponsor in case he does not meet the income requirements.

Good luck for your journey ahead!


 

USNLhome.jpeg

 

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12 minutes ago, BamaGoddess26 said:

As he will be classed as unemployed what do we do for the income requirements? can we use an affidavit ?

He should get a job straight away when he gets back to the US.  It is fortunate timing-wise, that in most parts of the country unemployment is currently very low.

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1 hour ago, BamaGoddess26 said:

So after a discussion & a good cry, we have accepted that he must go home. So we are now fixing some flights home in the next week. I'm also in the process of filing in the next week, after securing a loan from a family friend.. although i'm consulting a lawyer so we miss no steps. 

 

As he will be classed as unemployed what do we do for the income requirements? can we use an affidavit ?

 

T&M x

 

It will take many months for the petition to be approved. The matter of income doesn't come into play until after the petition has been approved. Hopefully he will have a job by then that pays enough. If not, you will need to find a willing joint sponsor who does earn enough, or who has enough assets.

 

Why are you 'wasting' money on a lawyer? You are in dire straits financially. Is there anything you have not mentioned here that would mean a lawyer would be needed? I understand you have an overstay but that's not that bad (relatively speaking - it is bad but it's hardly a conviction for murder). Many people have successfully filed following an overstay without using a lawyer. Since your husband will have, at least in the initial days back home, plenty of time on his hands he should read, read, read and read again about this process. And ask as many questions here that he has. Please save money where you can. Moving overseas is financially tough on anyone - no need to make it worse than it already is.

 

 


 

 

 

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