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

[DrSteve 0]

Well I hate to add another wrinkle to this: he's American, you're British.  Nothing was filed when either of the two of you were living in either country.  I don't suppose either of you fall into any of the preferred classes for Canadian Immigration?  https://www.visaplace.com/blog-immigration-law/uncategorized/immigrate-from-uk-canada/

 

The waiting period may well be quicker, either of you could find a job, and I suspect the job search might doable from London.

 

Again, sorry if this is just one more thing but I'm not seeing a burning desire to live in either the US or UK on anyone's part here.

 

As for costs, you may be able to get a signature loan to cover them, though I get the feeling that both of you are a bit broke.

 

[BamaGoddess26 1]

On 7/14/2019 at 11:11 AM, Duke & Marie said:

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

So after a chat with our Lawyer, i wanted to run an idea past you. 

 

If my husband returns to the USA & he applies for a family visa (for 2.5years) which takes 12 weeks to be processed and he returns back to the UK after its granted etc. would he then be able to dcf legally after say a year to the London Embassy? 

 

or does he have to have citizenship or settlement here? 

[Crazy Cat 39,206]

7 minutes ago, BamaGoddess26 said:

So after a chat with our Lawyer, i wanted to run an idea past you. 

 

If my husband returns to the USA & he applies for a family visa (for 2.5years) which takes 12 weeks to be processed and he returns back to the UK after its granted etc. would he then be able to dcf legally after say a year to the London Embassy? 

 

or does he have to have citizenship or settlement here? 

DCF probably won't exist then.  ..All foreign USCIS offices are NOW in the process of closing.

[Boiler 43,419]

You would also need to be able to sponsor him.

[BamaGoddess26 1]

20 minutes ago, missileman said:

DCF probably won't exist then.  ..All foreign USCIS offices are NOW in the process of closing.

So is there an alternative after they have closed? is it possible its going digital, like an online service after that? 

 

My husband is keen to stay here after we file for him legally anyway, so i'm hoping that after some time here processes will change to help us out soon. 

 

Can i just say, all the people being unkind and insensitive, cast your mind back to leaving your partner & all the people that overstay their visas. 

We are all human, we are allowed mistakes. 

Love is blind. I'm sure everyone can appreciate that we are very proactive in sorting this situation.

 

I have a job that pays enough for the income requirement for the uk visa, so sponsoring him will not be an issue. 

[Crazy Cat 39,206]

4 minutes ago, BamaGoddess26 said:

So is there an alternative after they have closed?

Mail the package to the Chicago lock box........

[Boiler 43,419]

On 7/14/2019 at 3:42 AM, BamaGoddess26 said:

 

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

 

That was quick.

[BamaGoddess26 1]

16 minutes ago, missileman said:

Mail the package to the Chicago lock box........

Can we send the whole file to the chicago lockbox from the uk?

 

My husband will be legally in the UK at the time, but will still have "intent to domicile" in the US, as he will still have his bank account, drivers license etc.

[Nitas_man 3,100]

1 minute ago, BamaGoddess26 said:

Can we send the whole file to the chicago lockbox from the uk?

 

My husband will be legally in the UK at the time, but will still have "intent to domicile" in the US, as he will still have his bank account, drivers license etc.

Yes you can file to the chicago lockbox from the UK and “intent to domicile” has a pretty low burden of proof.  Your husband has enough to establish intent.

Edited July 15, 2019 by Nitas_man

[*Snowdrop* 603]

You can always send in your US spousal application now. 

 

Then have your husband go back to the US and you apply for the first step in the UK spousal process - as you say it takes about 12 weeks to approval. 

 

If successful he comes back to the UK and you can then both work and save money. 

 

Your US spousal visa will take 12+ months to process anyway so pointless waiting for residency requirements and then trying to do DCF assuming it still exists. 

 

At the point the petition is approved and it's made its way to the Embassy you can decide whether you want to go ahead and go back to the USA or stay in the UK and process through to UK citizenship for him. 

 

The sticking point to all of this is money. The UK application is expensive.

[Nitas_man 3,100]

1 hour ago, BamaGoddess26 said:

So after a chat with our Lawyer, i wanted to run an idea past you. 

 

If my husband returns to the USA & he applies for a family visa (for 2.5years) which takes 12 weeks to be processed and he returns back to the UK after its granted etc. would he then be able to dcf legally after say a year to the London Embassy? 

 

or does he have to have citizenship or settlement here? 

He only has to be a legal resident there.  But as noted the overseas USCIS offices are closing and the petition would be mailed to the lockbox.  

Why doesn’t he just mail the petition now?

Edited July 15, 2019 by Nitas_man

[BamaGoddess26 1]

17 minutes ago, Boiler said:

That was quick.

Its clear you have an issue with anything i say. I must admit it is very rude, if you have nothing nice to say, don't say anything at all. 

 

Its not eat . I'm asking for genuine help, not snarky comments. 

 

I have friends who i had to beg to, i was able to land two jobs paying more & we are now having to live off food banks so we can save enough for his UK Visa.

 

Unfortunately hubby has to return home for 9 months, (6 months so i can provide 6 months of payslips & 3 months process time for the UK) but so is life! We have accepted things. 

[*Snowdrop* 603]

Well if you are going to have to be apart for 9 months anyway then the question is where do you both really want to live? 

 

UK or USA? 

 

Either way the time apart is going to be roughly the same. 

[*Snowdrop* 603]

But if money is an issue, and you don't mind where you live,  it might be better focusing on the US application only. It's a lot cheaper than the UK one although does take longer.

 

The first UK application fee comes to 2723 pounds!

 

Application fee is £1523
Immigration Health Surcharge is £1200 (this has to be paid at the same time as the application)

 

And then you have to renew it 2.5 years later for another huge fee.

Edited July 15, 2019 by Trellick

[Nitas_man 3,100]

17 minutes ago, BamaGoddess26 said:

Its clear you have an issue with anything i say. I must admit it is very rude, if you have nothing nice to say, don't say anything at all. 

 

Its not eat . I'm asking for genuine help, not snarky comments. 

 

I have friends who i had to beg to, i was able to land two jobs paying more & we are now having to live off food banks so we can save enough for his UK Visa.

 

Unfortunately hubby has to return home for 9 months, (6 months so i can provide 6 months of payslips & 3 months process time for the UK) but so is life! We have accepted things. 

Best to let us try to help you and leave out the excuses / reasons / justifications for what appears to be a complete disregard of immigration rules.  

 

1  He can return home, go to work, and petition you anytime he wants to.  

2.  He can put the petition together and mail it by DHL or Fedex tomorrow if he wants to.

 

If neither of you have resources to sponsor one another while you are together you need to legalize yourselves and one of you will have to step up, get it together, get settled in, and demonstrate to one country or the other that you can do it before you can be together.  That’s every single couple’s reality.

 

If he goes home and files the case will be approved roughly the same time the UK caee is approved.  That’s a lot of wasted raman noodles.  So those are your options.  I don’t think I missed any here.

Edited July 15, 2019 by Nitas_man