Buckles

I also should say that on the DS-230 and DS-2001 forms I have completed, they state to send these to the address written on the package sent to me. As no package has arrived, and I was told to send these forms via email -- I have no idea where to send them.

My closest embassy in the London, UK embassy.

Hi folks,

Quick question, then back story.

If the US Embassy in London, UK sends out a letter on July 31st, what would be its approximate date of arrival to its destination, also in the UK.

Back story:

I got an email from the US Embassy (londonconsular@state.gov) at the beginning of June 2013 saying they would send a letter to me telling me what to do next for my visa case. In the middle of July I called the US Embassy in London as the letter had not arrived, and they said they could find no evidence of such a letter and advised me to contact londonconsular@state.gov again. I got a reply back from them on July 31st saying that a letter had been sent out THAT DAY. We are now on August 6th, more than enough time for even 2nd class mail to arrive, and my letter is still not here. Though my wife in America has moved several times, my address in the UK has remained the same throughout my stay and as the letter is coming to me there is no reason whatsoever for it to not arrive.

The letter pertains to certain instructions about how to continue my visa application following the expiration of my ban on the US. I know it has something to do with sending them a DS-2001 and DS-230, as well as a medical (the medical has been done and has been sent to them). However I am hesitant to send my 2 forms because I do not know what this letter says exactly, and if these forms (in my case) need anything else sent with them. Supporting documents, fees, etc.

Thanks for any light or experience that can be shed on this.

Does anyone have any advice whatsoever?

Hello,

I have been waiting until June 21st for my ban on the US to expire so that I can finish my visa proceedings and return to my wife and son. Now that June 21st has come and gone my next steps are unknown to me as the embassy/immigration on whole has not delivered anything stating what my next steps ought to be.

I have had a few correspondences with londonconsular@state.gov in which they tell me "A letter will be sent out" which will tell me to resubmit me DS-2001 and DS-230 forms. However, said letter has not arrived and it has been almost a month. In their correspondence they assured me, three times, that this letter would be sent out "promptly in June" (their words). I phoned the embassy early this week to enquire for a fourth time where this letter is (I call once a week) and they can see no trace on my file of a letter being sent.

I have rebooked my medical which is to take place on the 26th, next week. I am now at an impasse. I do not want my medical to be sent to the embassy absent my DS-2001 and DS-230 -- however, this mysterious letter is looking more and more as though it does not exist, never did and never will. Therefore I am unsure as to what exactly it says, and therefore what case-specific actions I should take.

The background is these will be my 2nd DS-2001 and DS-230 filed for my visa case, as a while ago now I failed my visa interview due to overstay. The fact that these are my 2nd forms for the same case make me unsure if I need to send the supporting evidence, and fee.

To my question then:

I intend to send my DS-2001 and DS-230 beginning of next week (weekend for replies and advise). What should I send with them?

Should I send all the evidence anyway. Sending more than needed is better than less -- but I also don't want to unnecessarily bog down the case worker.

As I understand it, the materials I need to send with the forms are as follows:

- My original birth certificate (which I think they still have, unless they gave it back at my failed interview -- which I don't recall)

- Mine and my wife's original marriage certificate (we had four made up, so not a problem)

- A police certificate.

- Photocopy of my passport photo/biometric page (2 copies to be safe, signed and dated on the back)

- 2x passport-size photographs (signed on the back by me? Endorsed by other?)

- NVC letter with barcode -- no idea what this is. I called the NVC and they haven't dealt with my case in years (I've had a 3-year ban, their part in my case ended about 1.5-2 years ago when the US embassy took over). In my conversation with the NVC they couldn't advise me other than to say they will forward an email to me of a copy of "a form that has a barcode", if this is the right one is anyone's guess. They are as in the dark as I am.

- Are there any fees? Half the places I look say yes, the others no.

All this would be answered if londonconsular@state.gov had sent the letter as they said they would. I surely hope someone here can help me. I've been apart from my wife and son for too long for a frivolous reason.

Thank you, and god bless.

(timeline is filled out, but doesn't show. Click it <- if needed)

I updated my timeline as best as I could. It should start appearing.

Also I have no NVC sheet with barcode, I've looked everywhere. Does the embassy still have it from the last one I submitted back last year?

Further to my original question:

If I have already given the embassy a DS-2001 and a DS-230 prior to my interview back in April 2012, then do they not still have my original birth certificate and original marriage certificate?

I don't know what to send this time, the letter is over two weeks late from when they said they'd send it, which tells me they didn't send it. Nothing takes two weeks to be delivered from within the UK.

What should I do? Carry on waiting for an imaginary letter, or submit my DS-2001 and DS-230 with what forms, and what fees, and what evidence?

I am making a timeline, but my case has been in the works for 3 years so my dates and memory are foggy.

Prior to June 2010 I had an application where I got to the interview. But due to marital difficulties my wife did not attend the interview, and I was forced to withdraw it instead of reschedule. I have been banned from the USA due to overstay. I overstayed a B2 visa to be present for the birth of our son which was 1 month after my B2 visa expired. Then a further 7 months transpired before wife and I could afford to submit our first visa application. That 8 month gap was considered overstay, and incurred me a 3 year ban...

So, I'll start at:

June 2010 I left the USA (without prejudice) due to overstay.

16 November 2010 I-130 submitted.

1 December 2010 USCIS received I-130.

20th May 2011 I-130 transferred to NVC.

21 June 2011 I-130 approved.

1 July 2011 NVC assigned my case ID (the LND2011 one)

Then due to family drama I did not get an affidavit of support until later that year, around November/December.

23 April 2012 Visa interview -- failed due to overstay.

About a week later I contacted the embassy who put me in touch with londonconsular@state.gov, where I was told I'd get a letter once my ban was up.

A week before my ban expired I contacted londonconsular again to confirm this, which it was.

A week or so after my ban I contacted londonconsular to enquire as to the whereabouts of my letter, said to have been sent out on the 30th.

10 July 2013 I phoned the embassy again to ask where my letter is, they cannot confirm (nor deny) such a letter exists.

I hope that helps.

As I have done everything from the DS-2001, DS-230 and medical before I don't know if having to do them again (to get a new interview now my ban is up) needs the fees and supporting documents again. Nothing has changed accept I am a little older and perhaps several square feet of wrinkles thanks to immigration.

Hello,

I have just completed a 3-year ban on returning to the US (long story). Prior to my ban expiring I had been in contact with londonconsular@state.gov who said a letter would be sent to me "promptly in June (2013)" telling me what to do.

On the 21st of June 2013 I emailed londonconsular@state.gov just because my ban was up and wanted reassurance that the letter would be sent. They said it'd be sent out on the 30th. This wasn't the promtly I had expected, but with my ban up and the letter promised (twice) I decided to wait on it.

It is now the 15th of July 2013 and I still have no letter. A few days ago I called the London US Embassy premium phone number and they looked at my file, but could see no sign of a letter being sent out by themselves or any party involved in my immigration case.

My wife, my son and I are desperate to be reunited and I seem to be waiting on a letter that may or may not exist. I know what I need to do, I need to fill out a DS-2001 and DS-230 Part I & II, which are all sat in front of me, completed, ready to be sent. I also need a new medical and police certificate (booked / on the way respectively)

I was intending to send the DS-2001 and DS-230 today, however I do not know what needs to be sent in conjunction with these forms in my particular case. This will be the second time sending these forms (along with my medical exam, also booked). Therefore I do not know if any fees, photo's or evidence that either form requires needs to be resubmitted.

In short: I am utterly unsure what to do.

Could somebody list what supporting documents / fees either of these forms needs -- because I would hate it if I sent these forms out today and two weeks from now I get a response saying XYZ is missing. Even worse, I send these forms and then in two weeks the so far absent letter arrives telling me to send XYZ with the forms.

With my son due to start Kindergarten in September, and the fact he is living with me in England until I return, I am sure you can appreciate why I can no longer wait for a fabled letter that may or may not exist.

/Buckles

Your immigration violations prevent you from using the VWP, could a family member pick up your son, is your wife willing for him to travel, does he have his British Passport?

I really am shocked how my violations are impacting my wife's mental health and sons living environment. Seems wrong on so many levels when all I need to do is go there and come back with him. Griping here won't help matters though so as my old man says SOL!

Thanks though everyone.

Have you thought of meeting up in Canada, not that far for her.

I went there once and it worked out, but she doesn't want a holiday as it's time she could be working/looking for job/college course.

I guess there is not esta or whatever for me to go pick up my son so another failing of the immigration system hurting an innocent child. Thanks for the support though guys.

@ lillakatoussa re: Wife's family in America

My wife had her parents in NJ where we used to live, but after her father died a year or so back she left the State to live in Seattle. Her mother is prone to 'emotional outbursts' and suffers depression herself (not diagnosed, but everyone who meets her gets this impression). She is not a nice person to be around and was/is exceedingly mean (verbally) to my wife, and myself on occasion. She is the type of person who thinks airline pilots burst passengers eardrums on purpose during landing, and frequently reminds my wife that she isn't making enough money to pay a phone bill. My wife has a grandmother in NJ who is also rather mean, and after my wife moved said 'you'll waste all your money and be back living here in no time' ... yeah, real supportive...

So after her father died my wife moved to Seattle to live with her sister - who after less than a month kicked her out. Her sister is also prone to 'emotional outbursts' and in a big row a year back told my wife all manner of things such as 'I hope you fail out here'. Her brother-in-law was supposed to be my sponsor for the Affidavit of Support but my wife was seeking attention one day and told them I had 'strangled / or tried to strangle her'. I can't recall which as no one ever brought it up with me, but it was one or the other. It is of course utter nonsense, but being 5500 miles away, having no idea she had said it and with them never speaking to me about anything anyway I could hardly defend myself. I didn't even know I needed to defend myself against any accusation until the day her brother-in-law tried to blackmail me by saying he'd sponsor me, in return for thirty thousand dollars - money my wife's father left her in his will (they wanted to renovate their basement and have us live there for a year so he could 'keep an eye on me'). In actual fact they had been wanting to renovate their basement with the money my wife's father left the sister, but they spent it all already on god-knows-what. The house to begin with I think.

So that is my wife's family. People prone to depression, unsupportive, blackmailers... My family in England support her but this makes her envious. She has a place here, and is welcome anytime, but the nicer my family are to her the more she gets upset. When my mum bakes cupcakes my wife cries because 'she likes baking'. My wife can't decide what to do career wise but she loves teaching - so when I became a lecturer at my old university she got very vicious at me. Same when I sold two of my screenplays to Fangoria Magazine, because she had always wanted to write, but I 'got their first'? I don't know, my success is always overshadowed by guilt because she gets so angry at me. I wait for those calm days to talk to her about what needs to be done, but a dark day always comes (later that day, or the next) and sets us back to square one.

@ NigeriaorBust re: I130

My visa status stands at: After 1 and a half years in England my wife finally 'had the time' to submit a new petition for me. I passed every stage but interview day was denied due to overstay. That was first quarter of last year. My wife has had ample time to submit the waiver - and in fact has had it sitting on her desk with all the evidence I believe for 3 months as in November last year I told her I wanted her to submit it. I weathered the storm of her anger, and after the crying and shouting at me, she finally saw sense - but like I said at the end of my reply to lillakatoussa a dark day comes too quickly after reason is found and sets us back to square one. I honestly don't think anything will be done until my ban is up, and then I have to submit 2 new forms and get a new interview. I 'assume' I will be back by August/Sept. But my wife has already told me that is too late and she'd have 'gone crazy' by then.

Believe me I have had every rational thought and tried every avenue (I even wrote to President Obama in appeal). I have run out of options long ago but I am scared, my wife is threatening to kill herself and our son hears it. There must be an emergency form I can fill out to go out there and see her / or at least pick him up. She refuses to fly here because it is 2x flights now that our son is over 2 and needs his own seat.

Hello everyone,

I am writing this after having a very emotional talk with my wife over Skype, in the hopes that someone here has any sort of help or advise on my impossible situation.

A Very brief introduction to my situation: I am British, my wife is American, our son is American, but also holds a British passport. We have been married 4 years. Our son is three and a half.

I am currently two and a half years into a three year ban for overstay. At the time my overstay began my wife was already 7 months pregnant with our son. I stayed to support her, and be there for the birth of my son. Life, naivety and poor counsel from immigration office workers and lawyers played a large role in my thinking the overstay would be forgiven as we were already married, and the overstay was due to wanting to see the birth of, and raise, my son. We didn't have the money for me to fly back to England and back again to the USA.

My impossible situation:

The years of my ban have not been easy on myself or my wife. I would say over the past six months especially she has sunk into a deep, deep depression and in the past month or two she has been saying things that worry me greatly. Skype in these past six months has become a Russian Roulette of emotions, where much of the time she seems (acts) fine, but at least once a week BANG! She is distraught, crying or shouting and screaming - and our son is there, watching, hearing. When she is like this, she shouts at him to "Go away, I don't want you to see me cry", which I suppose is understandable, but the other day he was a little naughty and when we told him "no, that was naughty" he ran into a corner and cried. When my wife and I (via laptop) went to him, he shouted at us to "Go away, I don't want you to see me cry".

She also frequently tells me "I wish he'd just go away" "I can't deal with him right now" "I just want to be alone" ... I can understand these emotions, but I can't condone that she says them in front of his face. You can only imagine how this 3 year old must feel when his mummy tells him to "leave her alone".

I do what I can to console my wife and son, and urge her as I have been for years to complete my application for a Waiver of Inadmissibility, but her depression - or something - is simply getting in the way of her finishing it. She puts it down to "not enough time", but I am now two and a half years into a ban, and those two and a half years haven't been enough time for this waiver... It is something in her, an inability or unwillingness to have things done on time. She is late for work often, has missed sending cards on my birthday/father's day and our anniversary every year since we've met (they arrive 1-2 weeks late, if at all). She even didn't Skype me this last Christmas, which was the first Christmas she didn't fly to England to spend with me, and so was the first Christmas / major holiday where I didn't get to see or speak with my son. The reason is always "not enough time". She didn't have healthcare for our son for over a year because she didn't have time, and she still doesn't have healthcare for herself because she doesn't have enough time. I do what I can to support her, send money, make what calls I can in her stead, advise, and constantly remind her that our son is welcome and able to come live with me in England until she can sort her life out.

I am here today really hoping someone has a suggestion because in my last Skype my wife was crying and yelling at me that nobody is helping her, and today was the first time I really become worried for her safety, and the safety of our son when she said "What will it take for somebody to help me? Do I have to kill myself?" Our son was sat on the dining room chair next to her as she said this, not two feet away. I am worried for the safety of my wife, and by extension my son. I don't think she'll do anything to hurt herself - but yesterday I didn't think she'd ever suggest killing herself. She needs me back, but the waiver she has to file to get me back will cast a light on her that she cannot cope as a single parent, and some part of her - the depression side - is telling her if she admits this I'll use it against her. I am paying her rent, I have three jobs in England and send her the money from two of them. She works but only part time, and only for $10 an hour. She can't support herself, but she won't admit it. She won't seek help, because she is too proud, or too depressed, I don't know. I have never not known someone as much as I do not know my wife right now. We both know she can't manage without me, but she isn't doing what it takes to get me back and it is damaging her, and our son, irregardless.

I am worried, and I need to find a way to go back. If today she was talking about killing herself, I just don't know how the final six months of this ban will go. She is falling apart in every conceivable way, and in every conceivable way I offer to help she rejects me. Meanwhile she is damaging herself, and causing god-knows-what internal damage to our son, who already repeats what she says when she is upset and ranting.

Please, what can I do? Can I not appeal to someone myself to get a temporary stay to America to be with my wife for X weeks, or go to America to pick up my son who I honestly am not sure is safe with her at this time...

Thank you all very much.

/Buckles

I have to send it to London.

If they deny it though, and my ban is lifted next year, is it a case of submitting a 601 AFTER the ban, so they see "no ban, he can come"...

I just dont know what happens when my ban is lifted, how I can go back, start over, 601, another form, reapply for interview?

It's all very confuzzling.

Thank you for your reply. My main concern though is what happens if the 601 is denied. D I have to start all over again from the beginning of the visa process once the ban is lifted (i.e. start from the original petition), or once the ban is lifted do I just get a new visa interview?

Hi Visa Joruney,

After a long, ardous journey I was denied my visa at the interview due to overstay for reasons I tried to explain to the officer but, not being his department, (his words), my reasons didn't matter. For your benifit to help assess in my question the reason for overstay was that I didn't want to leave my wife, who was due our baby, alone. As a timeline, in March 09 my 6 month travel visa expired, but my wife (married in Jan 09) was due our first child, who was born on May 1, 09. My wife was suffering from high blood pressure during her thrid trimester, and with no reliable network od family or friends I stayed past my visa, since the docs needed to keep an eye on her, and I couldn't justify leaving her with such a condition to fly back to the UK and have to risk flying back to the US and face possibly being turned away for returning too soon after an already lengthy visit. Not to mention the finances involved, since we were quite short on money at that stage of our lives. We didn't get to apply for my visa until October 09 (again, finances) and so I incurred what amounted to a 3 year ban.

I was really hoping the officer would take into consideration my wife was due our baby 2 months after my travel visa expired and done a humane thing of allowing the bannable period being from May till Oct, therefore incurring the one year ban (which I have 'served' and then some), but the rules don't allow for such things. We therefore have to submit a 601, waiver of inadmissability.

My question, finally, is nothing related to how to prove hardship, but given our sheer level of misfortune in my application process what happens if the 601 is denied. Do I have to wait until my ban is over and apply ALL OVER AGAIN?

Or, do I have to wait until my ban is over, and simply rebook an interview, at which point in time it won't be rejected out of hand and contex due to overstay.

I can find no answer on the matter, and its a relatively simple question I hope can be answered with ease.

I hope to God if it is denied I don't have to put my wife through yet another application process (in of itself often 1+ year process), I can't bare the though of missing another one of my son's birthdays...

With thanks,

Buckles

Hi folks,

Not sure if there are many regulars who might remember me, I posted many moons ago seeking advice regarding my [expletive] brother-in-law who, after half a year promising to be my AoS, tried to pull a fast one on me.

Well, many moons later I am happy to report my wife sponsored me solo, she passed, and I have my interview date set for late next month. I have the instructions letter here, and would just like to go through it real quick. I sat down to sort all my paperwork out and it seems I have to take very little, which of course makes me nervous. So, to begin;

Correspondance Instructions = C ... Direct inquires to consulate / embassy. From what I can tell this just means bring the letter this list is attached to, being as page 1 says "Bring this letter..." Is that correct?

Application Pt. 1 = Y ... Meaning they have it, no need to bring a copy.

Application Pt. 2 = Y ... Meaning they have it, no need to bring a copy.

Passport = Y ... Meaning they have it, no need to bring a copy. (Although I will, of course, be taking my passport anyway, for obvious reasons).

Birth Certificate = O ... Meaning they have my original, which explains why I couldn't find it for my police certificate the other month. No need to bring a copy, as they have the original. (I'll still take my certified copy that I had made for police certificate though, better safe...)

Adoption = F ... Not applicable.

Marriage Certificate = O ... Meaning they have one of the originals.

Marriage termination = F ... Not applicable.

Court Records = F ... Not applicable

Financial evidence = Y ... Meaning they have the document, but the letter requests I bring my wife's most recent tax report. Not sure why there is the contradiction, but will bring the wife's more recent tax records as requested.

Military records = F ... Not applicable

Police certificate = O ... I got 2 copies made, they had one and the other I took to medical. I see no harm bringing the spare certificate just in case.

Fee payment = $ ... meaning I've nothing to pay, right.

Photograph = Y ... meaning they have snaps of me, but the letter tells me to bring (undisclosed number) of photo's. I was thinking of having 4-6 passport ones made a week prior to going to the interview.

Petitioner marriage certificate = F ... not applicable, I assume as it is the same as my marriage certificate.

Petitioner birth certificate = F ... not applicable.

So according that that I actually have to bring only my medical report, unless it is sent by the physician, photographs, and my wifes most recent tax report, as she the petitioner filed my AoS.

Am I missing anything?

Sorry for not replying earlier, it is actually my birthday today! Go figure, eh!

To answer your questions:

1) When my wife, then girlfriend, fell pregnant I returned to the UK from a VWP, and sought a B1/B2 visa. I knew I'd want to return to help her through the pregnancy as 90 days isn't enough. A couple months after arriving in the States I realized she needed my help, she has a very controlling and spiteful family (which I guess you can gather from my original post). We got married three months after I arrived, three months into my B1/B2 visa. However, due to the marriage, newborn, apartment finding, we were unable to apply for the visa until 6 and a bit months later, thus the 180mark overstay. I had sought council with an immigration lawyer in America and also an immigration officer at the Newark NJ branch prior to my overstay kicking in to discuss this, and was told absolutely that because we were married/had a son nothing would be held against me for overstay. Then again, 99% of what lawyers and immigration officers have told me has proven completely false in the long term.

2) According to people I speak to on the phone, and immigration at the time in Newark NJ, my overstay equates to the 180day less than a year mark, so two or three years, whichever penalty is applied to that.

3) The reasons I left America were two fold. I became ill which my doctors in England believed to be terminal cancer. Although removal proceedings were threatened after I willingly left the US my wife received a letter stating my previous visa had been terminated without prejudice. I called the immigration office that sent the letter and was told this was a best case scenario given the situation.

4) I have looked through my passport and I see no obvious notations of overstay. I had no form to fill out regarding overstay either leaving the US or upon entering the UK. However, I have been verbally told I have incurred overstay, but have no physical evidence to prove, show, or otherwise justify it to myself or others. My passport is one of the chip and pin ones, so I don't know if my overstay is held electronically. An example of this would be my father-in-law passed away a few months ago, and knowing I had overstay I called all the relevant port authorities to see if I could travel to the funeral. They said for the reason of overstay, and the fact I was mid-proceedings, they would not grant me admittance. Which is why I think I'll need to fill out the waiver of admissibility at some stage.

5) One thing to note, and I know this seems like skeletons in the closet but again I was told by immigration officers it is of no consequence, my wife and I failed my previous green care proceedings because she didn't show up for the interview. It's a long story, but instead of allowing me to reschedule the judge told me I had no choice but to recant and withdraw my application. I call it the harsh new law of 9.11 mixed with the complete incompetence of the Newark NJ immigration department. but as previously stated, this application was denied without prejudice.

On a second note, because I am freelance I bill my employer with homemade invoices, for an up-to-date pay stub I think that is something I will need to draft and have him sign, alongside a letter stating employment with him will continue.

On a third note, this is my second birthday without my son.

Hmm this is all overwhelming. I don't have an immigration lawyer, but I think I'll go ahead and have a consultation with one just because this all seems very promising. Then again, I find people on this forum to be far more well informed than even the swankiest lawyers.

So let me get this straight. I can use my assests, i.e. my job, as proof of earnings. But... I have sent every paycheck to my wife which has gone straight on rent, bills, and everything. how can I prove I even earned a penny when it all went into her account? A 12 month statement list and highlight everything that was mine (or shows up with the company name?)

My assets outside the US are negligible, not even worth counting. My wife's assets are $30.000 in stock. So that is thumbs up I believe. So if we're about $3000 short, I need her to have an extra $9.000 in a bank account or something? Or just top that off with photocopies of the last 12 or 24 months of invoices from my US employer along with a letter stating this work is guarenteed to continue?

I do believe this forum may be the best thing on the internet!

To answer the questions about assets. I don't have the piece of paper with exact numbers on, so I will use rounded numbers which are lower than I recall the actuals being, to eer on the side of caution.

My wife has tax returns for this year of around $10.000, she has stocks in the value of $30.000. I was told on the phone by the NVC that 125% poverty guideline minus wife's income meant I needed $70.000 in assets, as it had to be multiplies by 5, I have since been thinking the NVC employee was misinformed, or misinforming me.

I actually have three jobs at the moment. I work full time at my County Hall in England making around 900 sterling pounds a month. I am also freelancer working for an American based company from England as a film editor, where the material is sent to me from whatever country the film is being made/produced in. I make around $30.000 a year. Finally, I have just been contracted to write a film, but won't see any money from this until it's made (if it's made). I have very few assets since supporting my wife and son for two years.

Given that financial data, and the "extortion" (perfect word) of my brother-in-law, what would be the best way for me to continue? I am pretty down in the dumps, since my little boy is growing to know his Daddy from Skype, and kisses the laptop in place of me. Still, gotta be thankful this isn't 5-10 years ago when there was no Skype, but still...

Hello everyone,

I have had a rather dramatic turn of events in my visa proceedings following ongoing discussions with the one and only family member of my (US citizen) wife who can financially meet the requirements of and fill the role of joint sponsor, as my wife does not meet these requirements (in short, she is working part-time while raising our son).

So after months and months of talking and asking (begging?) for my wife's brother-in-law to be the joint sponsor on the Affidavit of Support part of my visa proceedings he has finally agreed, but has drawn up a list he calls "Terms of Sponsorship." The very first item is something I think is downright fraud or illegal or just too shady to even respond to him about. He says: He will be willing to act as the joint sponsor if I pay for his basement to be renovated. He already went ahead and hired contractors to do some groundwork anticipating I'd agree to anything to be reunited with my wife and son. the estimated cost of renovation is $13.000 - $20.000!!! To me, that is saying "I'll sponsor you if you give me $13.000-$20.000.)

I have spent the past few days reading all the terms and conditions, laws and bylaws of sponsorship trying to find the written and legal version of what, to me, is common sense. It is not legal! In my mind, it is bribery, fraud or blackmail that the first term of sponsorship for me is for me to pay up to $20.000 for a basement renovation, regardless of if he also said I could live there (while still paying rent), for up to 12 months! To me this is illegal. I was raised good and proper and clearly my brother-in-law is trying to reap financial gain from my situation of being unable to return to my wife and son without him joint sponsoring me.

Now, my wife and I have been married for two and a half years, I've been in England for one of them stuck in this visa limbo hell. I know the two year mark is some sort of milestone in the visa proceedings, but am not sure what implications this has when half that time has been spent away. I incurred overstay just before and after my son was born, so am prohibited by law of not being able to return until waiver of admissibility is complete, which I believe is done AFTER my current visa proceedings - I believe you are turned down and appeal via this waiver? Something like that, that's an issue for tomorrow though.

Basically I am saying no to his term (or what I see as bribery). and would like to know if anyone can help me find written visa or American law where this sort of "arrangement" is prohibited. Common sense isn't much of an argument to go on.

On a side note, my wife has $10.000 in tax returns, putting us around a further $14.000 short of the minimum requirement, I don't know if assets and holdings have to make up 3x or 5x the difference. I believe it was 5x, but in reading it I am the spouse of an American citizen, so maybe it's 3x? Or did I read that wrong and it is just children that qualify.

I appreciate the support of this forum.

/Buckles

I understand. Thanks for confirming. It's unfortunate, right. I'm just happy my little boy is too young to really understand why I'm not there right now.

That's the thing, we've asked everyone we can think off. They're all put off by the responsibility involved if I were to become ill, injured, or incur any form of heavy bills. Despite the fact I can support myself, and my family in England would be the first to cover excess expenses in the event the worst should happen, but that fear of incurring huge bills to pay on my behalf has gotten our original sponsor to recant his offer. And in asking everyone we can think of, the list really boils down only to the brother-in-law, my wife's family isn't large, and once you remove the retired, stay-at-home moms, and part-time workers, there was only one possible candidate.

Hello everyone,

I have encountered a problem in my current visa application, but before I get into it let me give a brief summary of myself and said application.

I am a British citizen, married to a US citizen. We have a 2 year old son. He lives with his mother in Seattle, I am living in England. We have successfully applied for myself to go there, and are on the AOS stage of the procedure. I have paid the $88 filing fee.

Now, the 'problem'. My brother-in-law (husband of my wife's sister) had said he'd be the AOS. He is the only person in our entire network who can fill the role. However, he has recently recanted his offer to be the joint sponsor, and I have no alternative. My question is, what the heck happens now? I am completely stuck in the mud. My wife has a part-time job, which is all she can manage at the moment since she is raising our 2 year old son effectively a single mom in my continued absense. She is applying for full-time work, but the current job market is brutal and tough. Also, I cannot afford my rent in England, her rent in America AND full-time daycare, and her ability to find a full-time job is hindered by the fact I am not there. She needs a job for the US government to allow me to come, but she is in a position where she simply cannot commit to a full-time position due to the fact I'm not there. Catch-22.

With no joint sponsor am I right in believing our only option is to wait and pray for her to have a full-time job that will meet the financial requirements of the AOS? Added to this, she would have to have been in this full-time job long enough to have met the AOS financial requirements (i.e. a chunk of months that will yield tax forms to use as evidence in the AOS) If this is true, this will be another 6-12 months on top of the 14 months I have already been separated from my family.

I know some poor souls have and are kept from their families for so much longer, even indefinitely, but honest to God there's no reason to keep me from me wife and son. I am a film editor. I have just written my first screenplay and I work from home on all my projects. They come to me, not the other way around. I have been the principle provider for my family for 4 years, the last 1 and a half from England. Is there no way that the AOS will go by my earnings, because my job is global, I write and edit films from home, I don't work in an office limited to the UK. It's not as if when I move I'll be giving up my job therefore becoming a financial liability until I find a job in the US. My job will come with me.

Has anyone been in this situation before? There is no department or form I can find that touches on the issue of the US spouse being rendered a single parent and out of full-time work during the absence of the intending immigrant. Like I said, bloody tough catch-22 to be caught in.