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RebaBrooks&Dunn

We are stupid. Please help.

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Hi all,

 

I (UKC), met my USC husband online summer of 2017, met in real life in Sept/Oct 2017 on ESTA, i returned after two weeks in the states, i then returned to the states in winter Dec/Jan 2017/2018 on ESTA, my husband proposed on Xmas day, we began to plan for the wedding, we had advise that as long as we get married & file AOS we would be ok, so we married in the March then by July my husband was let go from his work due to lack of work. We chose to come to the UK and file everything here via DCF

 

Due to unforeseen circumstances related to Brexit (Temporary jobs finishing quickly due to parliament debates, brexit extensions, no deal preparations etc.), i was unable to save for the visa & now my husband has overstayed by a year in the UK. 

 

As we are now stuck, i wanted to know if my husband could file for my IR1/CR1 from the UK & leave within the next two weeks or month depending on whether i get paid this week or the end of this month.

 

p.s & for arguments sake could he stay until we received the noa2? or up to embassy interview date etc. (we obviously don't want as we have been so stupid so far, we are just curious)

 

(((My Parents in Law earn enough to sign a affidavit of support & my husband will have a immediate start job when he returns to the states.)))

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6 minutes ago, RebaBrooks&Dunn said:

Hi all,

 

I (UKC), met my USC husband online summer of 2017, met in real life in Sept/Oct 2017 on ESTA, i returned after two weeks in the states, i then returned to the states in winter Dec/Jan 2017/2018 on ESTA, my husband proposed on Xmas day, we began to plan for the wedding, we had advise that as long as we get married & file AOS we would be ok, so we married in the March then by July my husband was let go from his work due to lack of work. We chose to come to the UK and file everything here via DCF

 

Due to unforeseen circumstances related to Brexit (Temporary jobs finishing quickly due to parliament debates, brexit extensions, no deal preparations etc.), i was unable to save for the visa & now my husband has overstayed by a year in the UK. 

 

As we are now stuck, i wanted to know if my husband could file for my IR1/CR1 from the UK & leave within the next two weeks or month depending on whether i get paid this week or the end of this month.

 

p.s & for arguments sake could he stay until we received the noa2? or up to embassy interview date etc. (we obviously don't want as we have been so stupid so far, we are just curious)

 

(((My Parents in Law earn enough to sign a affidavit of support & my husband will have a immediate start job when he returns to the states.)))

Chances are since he has no legal status in the UK he won't fulfill the residency requirement.   Uscis London office is who you ask 


YMMV

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You won't be able to use DCF without a legal resident state in the UK for your husband - a tourist visa isn't enough.

 

You can mail the documents to USCIS in America for regular processing from the UK if you want to maximise your time together before he goes back to the States

 

I take it you didn't file the AOS at all. Have you calculated YOUR overstay in the USA?

 

 

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41 minutes ago, Trellick said:

You won't be able to use DCF without a legal resident state in the UK for your husband - a tourist visa isn't enough.

 

You can mail the documents to USCIS in America for regular processing from the UK if you want to maximise your time together before he goes back to the States

 

I take it you didn't file the AOS at all. Have you calculated YOUR overstay in the USA?

 

 

If we was to file it by sending internationally from UK to the chicago lock box, at what point would my husband have to return to the USA? noa1, noa2..?

 

My overstay is 115 days, from expiration to the day i left. 

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14 minutes ago, RebaBrooks&Dunn said:

If we was to file it by sending internationally from UK to the chicago lock box, at what point would my husband have to return to the USA? noa1, noa2..?

No later than after the NVC stage is complete and before the interview.   Things are hard to time perfectly in immigration.


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

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I am curious is your spouse going to be banned from the UK after he leaves? I mean he's overstaying now. Not sure how immigration law works over there, but it would suck to be banned for 10 years like the US does. 


01/28/2019 - Mailed Express Mail USCIS Lockbox Phoenix

01/29/2019 - Received by Phoenix Lockbox
02/04/2019 - Receipt Notice Via Text Message assigned to Nebraska Service Center 

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3 hours ago, RebaBrooks&Dunn said:

 

p.s & for arguments sake could he stay until we received the noa2? or up to embassy interview date etc. (we obviously don't want as we have been so stupid so far, we are just curious)

His overstay in the UK is between him and the UK government. It is a criminal offence and he could be deported. If he leaves voluntarily on his own money, he will face at least a one year ban from the UK.

 

 But his legal troubles with the UK have nothing to do with your NOA2 or embassy interview which is US government related.  The visa is about if you qualifying with the US government.

 

You may be separated a while for disregarding laws. He won't be able to visit you again when he leaves. And you have already lost getting  ESTA approval to visit him. A visitors visa would be denied because of your overstay. A spouse visa could still be approved for you despite your 115 days of overstay.

 

 

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3 hours ago, RebaBrooks&Dunn said:

If we was to file it by sending internationally from UK to the chicago lock box, at what point would my husband have to return to the USA? noa1, noa2..?

 

My overstay is 115 days, from expiration to the day i left. 

He does not have to return to the US if you have a qualified US joint sponsor and sufficient documents to show intent to establish US domicile.  There is the risk of deportation from the UK authorities but for US immigration he may not have to return until your spousal visa is approved about a year after filing the petition.  He may have to return earlier to work and earn income if you cannot support him in the UK and he needs the money, or if he needs to establish US domicile.  Good luck!

Edited by carmel34

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20 hours ago, RebaBrooks&Dunn said:

(((My Parents in Law earn enough to sign a affidavit of support & my husband will have a immediate start job when he returns to the states.)))

I'm sure you didn't know this, so this is just a friendly tip. 

In US internet culture, using three parentheses around your text (((like this))) is code language amongst racists and anti-Semites.

Probably best to stick to (single parentheses) in the future. 

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41 minutes ago, user555 said:

Before that, three parentheses meant a cyber hug. 

And Pepe the frog was a harmless meme before he was appropriated by racists. 

And the Swastika was a Buddhist symbol before it was appropriated by Nazis.

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Betsy Ross Flag

 

Number 18

 

The list goes on and on.


“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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