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

[Nitas_man 3,100]

On 7/14/2019 at 5:50 AM, Duke & Marie said:

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

We did not experience this.  You may have sent notarized documents but they do not require them to be 

[BamaGoddess26 1]

5 minutes ago, Trellick said:

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. 

We really want to live in the USA. 

No questions. 

 

BUT! As my dad would be able to provide an instant job (that pays well) to my husband, we are keen to spend time here, especially as hubby wants to see europe and the british isles before we go home so i really think this is the best starting(potentially longer than thinking) point

[*Snowdrop* 603]

 

I recommend you join this forum to discuss the UK visa process - it's full of very knowledgeable people like here who can advise on the applications etc

 

https://talk.uk-yankee.com/index.php?board=17.0

 

 

[*Snowdrop* 603]

Also - how long did you overstay in the USA when you returned for your wedding? That could have an impact on your US application.

 

Edited to say - never mind I saw it was for four months - you should be fine with that - it might be worth counting up the actual days though to be sure.

Edited July 15, 2019 by Trellick

[US-UK 32]

6 hours ago, BamaGoddess26 said:

 

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? 

Aside from the cost to file and NHS surcharge already mentioned, the UK is tougher with regard to financials, as there is no co-sponsorship, just your salary and/or savings. Also, you may want to confirm the timelines quoted to you don’t require special handling, which is another significant expense. Definitely read through the UK Yankee site that Trellick recommended, if you want to go that path.

[Duke & Marie 1,389]

On 7/14/2019 at 9:01 PM, JFH said:

 

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. 

As a dual and commonwealth citizen I’m more than aware of the differences between the commonwealth and the EU so no, I’m not confusing the two. 

 

And its called an E-Visitor Visa, free to apply for and permits stay in any commonwealth country for 3-6 months at at time (depending country) for commonwealth citizens, I’ve used it many times for travel all over the world... it works very similar to the visa waiver program but with additional benefits of consular usage etc and is usually approve instantly.. so while not necessarily “visa free” (perhaps a poor choice of words on my part) it pretty much is based on cost/wait time. 

 

So again if any tourist visas etc are not permitted whilst they’re filing immigration, meeting up in a commonwealth country such as Canada or British Virgin Isles, Bahamas is a real possibility... provided they are able to fund it of course.

 

Edited July 15, 2019 by Duke & Marie
Typo

[Duke & Marie 1,389]

5 hours ago, Nitas_man said:

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.

Totally agree!

 

like I said before, I wouldn’t be giving immigration authorities any reason to think that you’re not prepared to do anything but follow the rules 100%. 

 

Your history of overstay in both countries is shocking to say the least... if you truly want to be together in one of your two home countries, it’s time to bite the bullet, accept temporary separation (geographical) and  build a home settlement legally in one of those countries to be able to demonstrate to immigration that the migrating party will not become a liability on the government. 

 

Dont try bending the rules to suit, you’ve already tried that and it hasn’t worked out to well... the last thing you need to do, is to keep repeating bad decisions because the outcome will not change.

Edited July 15, 2019 by Duke & Marie

[Boiler 43,423]

eVisitor is an Australian thing, Canada has its own system as does the UK and there is not a Commonwealth Visa for either.

[PlumbTired 2]

On 7/13/2019 at 8:11 PM, Duke & Marie said:

be ready to spend at least 18 months apart while filing i130

I'm well into month 13 of waiting on NOA2 but my partner and I have never overstayed a visa or broken a law*. After the USCIS to NVC handover delay, the months it'll sit there, and the wait for an interview, I'm looking at 17+ months myself! BamaGoddess26 should be prepared to wait a lot longer than that, I'd wager.

On 7/13/2019 at 5:26 PM, BamaGoddess26 said:

I am now worried

I'm sorry you're in this situation. It's awful to be apart for so long but luckily we live in an era with free video chat. Definitely follow the visa rules from here on out!

 

*that could be proven in court