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

[Nitas_man 3,100]

16 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

 

 

Yikes

 

Not a lot of choices here.  I am concurring with the only option = husband return home and get to work soonest so he can file for you and you guys might have to either wait apart or spend time together by meeting in a 3rd country.  LOL dont overstay there.

Edited July 14, 2019 by Nitas_man

[Nitas_man 3,100]

6 hours ago, Loren Y said:

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.

This post rocks

[BamaGoddess26 1]

10 hours ago, JFH said:

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.

 

 

Ok, so could i extend a question to you from my husband for advice? 

 

If my husband gets all the correct files for ir1/cr1 (i-130 etc.) and hubby sends this off to the chicago lockbox from in the UK & then leaves like a month later & gets a job, but can provide an immediate affidavit of support if needed, would this be possible with him being an overstayer by the time he would receive an noa1? & would it affect the petition in any way?

 

in regards to the lawyer, as i have previous diagnosis of depression, and a previous accidental overdose, i would assume i needed help with any medical waivers i'd need to require? 

 

I'm super worried that our petition will be denied.

 

 

*SIDE NOTE*

To make it clear to everyone we Never had any intention of overstaying in either country, we had to pay a large sum out for a family death which meant our funds were depleted starting from scratch & having to pay out for vet bills for my family dog of 9 years

We live off nothing & i suffered a redundancy a few months ago & universal credit only pays so much (£317 a month)

 

[Duke & Marie 1,389]

On 7/13/2019 at 6:26 PM, BamaGoddess26 said:

, 

 

 

 

12 hours 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

 

His income shouldn’t become an issue until NVC. Some 12 months after filing.. bare in mind he’ll have to provide tax transcripts for at least the previous year (note by that time it will be 2020 taxes)... it is possible he could get a co-sponsor, parent perhaps or sibling lots of people do.. 

 

given the the history of visa breaches, please be sure both yours and his taxes are all above board and filed in the relevant countries, keep in mind the USA and uk have tax agreements and share information so don’t try hide it, just fix it if there are issues..

Edited July 14, 2019 by Duke & Marie

[Duke & Marie 1,389]

9 minutes ago, BamaGoddess26 said:

Ok, so could i extend a question to you from my husband for advice? 

 

If my husband gets all the correct files for ir1/cr1 (i-130 etc.) and hubby sends this off to the chicago lockbox from in the UK & then leaves like a month later & gets a job, but can provide an immediate affidavit of support if needed, would this be possible with him being an overstayer by the time he would receive an noa1? & would it affect the petition in any way?

 

in regards to the lawyer, as i have previous diagnosis of depression, and a previous accidental overdose, i would assume i needed help with any medical waivers i'd need to require? 

 

I'm super worried that our petition will be denied.

 

 

*SIDE NOTE*

To make it clear to everyone we Never had any intention of overstaying in either country, we had to pay a large sum out for a family death which meant our funds were depleted starting from scratch & having to pay out for vet bills for my family dog of 9 years

We live off nothing & i suffered a redundancy a few months ago & universal credit only pays so much (£317 a month)

 

He needs domicile in the USA.and his US residential address etc.. plus you’ll need all your documentation notorised etc not sure if you have them with you in the uk.

 

if he’d of stayed in the uk legally, he may have been able to use the consular process, but pretty sure that bridge has been burnt.. 

[Duke & Marie 1,389]

I know it’s hard and the thought of being seperated for an extended period of time is very scary...many of of us are going through just that while we wait for approval..

 

but to be honest, if it was me, I wouldn’t give the immigration people either USA or uk any more reasons to think anything other than you’re willing to follow the rules to the letter. So I wouldn’t be trying to file from the uk and have him fly home just before approval. I’d sadly send him home now and get the IR1 process started.. and prey I got photomac or Texas as processing center

 

as a uk citizen, I’d remind you that you can freely travel to any commonwealth country without a visa as a tourist... now I’m not saying it will be easy, but the Bahamas or Canada is still pretty close to USA and he should be able to get tourist visas to those places 🤷‍♀️ So you both can still see each other... Just don’t overstay

 

in ref to the lawyer, I probably wouldn’t... but you could always get one if an RFE was issued, again that’s likely 12 months down the track... if I was super worried, I’d maybe at most consider rapid visa or an organisation like that to help package everything..  but that’s up to you

[JFH 12,189]

50 minutes ago, Duke & Marie said:

He needs domicile in the USA.and his US residential address etc.. plus you’ll need all your documentation notorised etc not sure if you have them with you in the uk.

 

Nothing needs to be notarized in this process. 

[Duke & Marie 1,389]

1 minute ago, JFH said:

Nothing needs to be notarized in this process. 

I130 required notorised copies of many of our documents, birth certificates, marriage certificates, letters of support, my military records etc.... 

[JFH 12,189]

34 minutes ago, Duke & Marie said:

I

but to be honest, if it was me, I wouldn’t give the immigration people either USA or uk any more reasons to think anything other than you’re willing to follow the rules to the letter. So I wouldn’t be trying to file from the uk and have him fly home just before approval. I’d sadly send him home now and get the IR1 process started.. and prey I got photomac or Texas as processing center

 

as a uk citizen, I’d remind you that you can freely travel to any commonwealth country without a visa as a tourist... now I’m not saying it will be easy, but the Bahamas or Canada is still pretty close to USA and he should be able to get tourist visas to those places 🤷‍♀️ So you both can still see each other... Just don’t overstay

 

in ref to the lawyer, I probably wouldn’t... but you could always get one if an RFE was issued, again that’s likely 12 months down the track... if I was super worried, I’d maybe at most consider rapid visa or an organisation like that to help package everything..  but that’s up to you

I know you are trying to help but please stop scaring her and giving false information. There is nothing wrong with them sending the I-130 tomorrow to the lockbox (assuming they have all the supporting documents to hand), wherever in the world they happen to be. Her husband’s overstay in the UK will have no impact whatsoever on the situation. Where they mail the package from is completely irrelevant. The only “character issue” that stops a USC from petitioning is a crime under the AWA. We have nothing like that in this case. If they have the money and the necessary documents to file, I would urge them to get that stuff in the mail immediately. 

 

British citizens cannot travel to “all  commonwealth countries visa-free”. We need visas for India, Australia, Canada, Bangladesh, Pakistan, Sri Lanka, Sierra Leone, Ghana, Nigeria, Rwanda, Tanzania and Uganda and possibly a few others. These are all commonwealth countries. Some of them issue visas on arrival. Others require a full application process. I think you are confusing the commonwealth with the EU.

 

We also don’t file taxes in the UK. We have a PAYE system. 

10 minutes ago, Duke & Marie said:

I130 required notorised copies of many of our documents, birth certificates, marriage certificates, letters of support, my military records etc.... 

It does not require notarized copies. It only requires photocopies. 

[JFH 12,189]

1 hour ago, BamaGoddess26 said:

Ok, so could i extend a question to you from my husband for advice? 

 

If my husband gets all the correct files for ir1/cr1 (i-130 etc.) and hubby sends this off to the chicago lockbox from in the UK & then leaves like a month later & gets a job, but can provide an immediate affidavit of support if needed, would this be possible with him being an overstayer by the time he would receive an noa1? & would it affect the petition in any way?

 

in regards to the lawyer, as i have previous diagnosis of depression, and a previous accidental overdose, i would assume i needed help with any medical waivers i'd need to require? 

 

I'm super worried that our petition will be denied.

 

 

*SIDE NOTE*

To make it clear to everyone we Never had any intention of overstaying in either country, we had to pay a large sum out for a family death which meant our funds were depleted starting from scratch & having to pay out for vet bills for my family dog of 9 years

We live off nothing & i suffered a redundancy a few months ago & universal credit only pays so much (£317 a month)

 

Yes, assuming you have all the documents needed to file the petition and you have the payment, there’s no reason you can’t mail it to the lockbox tomorrow. He needs to return to the USA ASAP but where you mail the petition from is irrelevant. They don’t study the postal markings to see which city you were in when you sent it. They don’t care. 

 

The affidavit of support is not needed until the NVC stage. Don’t even think about that now. Focus on the petition and getting your husband back to the US and him finding a job. Cross the NVC bridge when you get to it (about 6 or 8 months from now). His overstay will not affect the petition in the slightest. My husband (USC) has done far worse things and spent time in state prison in California and we were approved without any issues whatsoever. 

 

It is very unlikely that your petition will be denied. The petition concerns only these things:

 

- is the petitioner a USC (for this you will need a photocopy of his passport)

- is the marriage legal (for this you will need a copy of the marriage certificate and copies of divorce decrees/death certificates if any prior spouses if either of you has been married before)

 

The petition is not the visa. So an approved petition does not guarantee an approved visa. An approved petition just guarantees that you have a legitimate path to applying for an immigrant visa for an immediate relative.

 

For the medical, hoe long ago was you mental health incident? Would you be able to get something from the doctor that confirms you are no longer a danger to yourself or others? Those are the magic words for the visa medical. 

[BamaGoddess26 1]

50 minutes ago, JFH said:

Yes, assuming you have all the documents needed to file the petition and you have the payment, there’s no reason you can’t mail it to the lockbox tomorrow. He needs to return to the USA ASAP but where you mail the petition from is irrelevant. They don’t study the postal markings to see which city you were in when you sent it. They don’t care. 

 

The affidavit of support is not needed until the NVC stage. Don’t even think about that now. Focus on the petition and getting your husband back to the US and him finding a job. Cross the NVC bridge when you get to it (about 6 or 8 months from now). His overstay will not affect the petition in the slightest. My husband (USC) has done far worse things and spent time in state prison in California and we were approved without any issues whatsoever. 

 

It is very unlikely that your petition will be denied. The petition concerns only these things:

 

- is the petitioner a USC (for this you will need a photocopy of his passport)

- is the marriage legal (for this you will need a copy of the marriage certificate and copies of divorce decrees/death certificates if any prior spouses if either of you has been married before)

 

The petition is not the visa. So an approved petition does not guarantee an approved visa. An approved petition just guarantees that you have a legitimate path to applying for an immigrant visa for an immediate relative.

 

For the medical, hoe long ago was you mental health incident? Would you be able to get something from the doctor that confirms you are no longer a danger to yourself or others? Those are the magic words for the visa medical. 

My overdose was in 2009, i've had depression since 2005 when my sister died( she was 13 i was 11) after a lengthy cancer battle. 

September 2018 was when my doctor referred me to a psychiatrist, i was seen in april but after going on a huge health kick & meditating i have found that my depression has gone, i'm so happy now, so my psychiatrist signed me off from their care back to my gp drs. 

 

I can get a letter from my drs stating i'm no harm/danger to myself/others no problem  

 

I've done alot of research since being together & noted that many Alabama petitions go to Texas, & the processing times don't seem that bad, also the London embassy seem to be very quick also as a friend of mine went for her green card over a year ago. 

 

P.s thank you for not scaring me  

[pinano 49]

10 minutes ago, BamaGoddess26 said:

I've done alot of research since being together & noted that many Alabama petitions go to Texas

Unfortunately, no one understands how the workload is distributed among service centers. Geography, if a factor at all, is definitely not the only one, and will give you no hints to where your petition might end up.

 

Everyone is liable to be sent to dreadful Nebraska! Really hope you get Potomac! 😄

[JFH 12,189]

23 minutes ago, BamaGoddess26 said:

My overdose was in 2009, i've had depression since 2005 when my sister died( she was 13 i was 11) after a lengthy cancer battle. 

September 2018 was when my doctor referred me to a psychiatrist, i was seen in april but after going on a huge health kick & meditating i have found that my depression has gone, i'm so happy now, so my psychiatrist signed me off from their care back to my gp drs. 

 

I can get a letter from my drs stating i'm no harm/danger to myself/others no problem  

 

I've done alot of research since being together & noted that many Alabama petitions go to Texas, & the processing times don't seem that bad, also the London embassy seem to be very quick also as a friend of mine went for her green card over a year ago. 

 

P.s thank you for not scaring me  

That sounds positive that you are h see HO care now and not a psychiatrist. 

 

I was briefly hospitalized for depression and I was concerned about this for the medical. Do I went to the GP and explained I was preparing to emigrate and that I would have to go through a medical as part of that process. We talked about my episode and he was happy to write a report that I was not a danger to myself or others. Nowadays you need a full patient summary also. I would use this period of waiting to get any missing vaccines done (you need MMR and Tdap). I was able to get them from the GP at no charge. This is much better than paying the Knightsbridge prices. 

Edited July 14, 2019 by JFH

[Nitas_man 3,100]

6 hours ago, BamaGoddess26 said:

Ok, so could i extend a question to you from my husband for advice? 

 

If my husband gets all the correct files for ir1/cr1 (i-130 etc.) and hubby sends this off to the chicago lockbox from in the UK & then leaves like a month later & gets a job, but can provide an immediate affidavit of support if needed, would this be possible with him being an overstayer by the time he would receive an noa1? & would it affect the petition in any way?

 

in regards to the lawyer, as i have previous diagnosis of depression, and a previous accidental overdose, i would assume i needed help with any medical waivers i'd need to require? 

 

I'm super worried that our petition will be denied.

 

 

*SIDE NOTE*

To make it clear to everyone we Never had any intention of overstaying in either country, we had to pay a large sum out for a family death which meant our funds were depleted starting from scratch & having to pay out for vet bills for my family dog of 9 years

We live off nothing & i suffered a redundancy a few months ago & universal credit only pays so much (£317 a month)

 

He can mail the petition anytime.  

 

There are no valid excuses for overstays.  Please stop.  Most of us (painfully) navigated through the process and managed to follow all rules in all countries, regardless of our personal circumstances, while we did it.

[Crazy Cat 39,218]

3 hours ago, BamaGoddess26 said:

I've done alot of research since being together & noted that many Alabama petitions go to Texas

Geography does not enter the equation.......and USCIS routinely transfers petitions from one service center to another........My "Arkansas" petition was assigned to Nebraska.....before being later transferred........in 2016.