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mrs.jenjen

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Posts posted by mrs.jenjen

  1. Good luck Jen. My daughter was 3 when we took our first transatlantic flight. I was more worried about how she would do than getting a visa or anything like that. She slept almost the whole way though. Hope you have a smooth journey.

    Thank you! I've intentionally got a late night flight into New York to increase the likelihood of him sleeping! He's at nursery all day that day while I pack so I'm hoping he'll be tired by the time we get to Heathrow. We've only ever flown for four hours before, so 10 hours in one go (London to Dallas) seemed like too much to expect from him in one go. Hopefully this way - 8 hours to NY one day and four hours to Dallas the next will break up the trip a bit! Then again, you know what they say about 'best laid plans!' ;)

    I'm glad to hear your daughter handled the flight well. Here's hoping my son does too!

    Jen x

  2. I'm so glad it all worked out !!! 10 year B-2 trumps much, but still up to POE to let you in, or no.

    All that stuff you submitted for the B-2? Bring it with you, for that first trip, in case it's needed at the POE.

    Good Luck !

    I plan to, especially as we're entering the US in NY and flying down to Texas the next day. I want to make sure the dude at the POE in NY is fully aware that I have no intentions of overstaying again.

    I'm also taking a tonne of accounts with me to do in the hotel too, since I'm probably going to be spending most evenings holed up while my 3 year old sleeps! I figure they might help prove my case at POE as well if they do get fussy - no sane person would be worried about their UK tax return if they were intending to overstay!

    Hopefully all will go well and there will be no further blips. Thanks everyone for your advice and suggestions on what to take.

    Jen x

  3. On this one I would go with Dakine - your overstay is forgiven is a misleading phrase.

    Your overstay and other minor immigration violations are overlooked only for that particular application, (in your case when your ex applied for your AOS based on marriage).

    USCIS is tries to accommodate spouse of USC to be together without much of hassle, and hence they overlooked your violation at that time.

    Now in your case once you returned back to UK and lived in UK for 4 yrs, means you will have to apply as any regular traveler would do.

    If the regulation states that VWP violators cannot travel back on VWP then, that would apply to you as well.

    Yep, All of this!

    Just to let people know what happened if anyone else ever finds themselves in this situation:

    I booked myself a B2 appointment and spent a day at the US embassy in July. The people there were really... human, and totally understood my reasoning for wanting to take my son back for a visit. They didn't seem concerned about any imigrant intent at all. They were very thorough with my paperwork though, so I think it worked in my favour that I had company incorporation documents, tenancy agreements, finance agreements on my car etc to show them. If anyone does find themselves applying for a B2 - definately take everything you can think of paperwork wise!

    In the end I was interviewed in a closed office (most of the people there were applying for J1's and were interviewed in open kiosks) and given a 10 year B2. The woman at the end said that I was right to err on the side of caution and do things properly, because if I'd tried to enter on the VWP it would have been entirely up to the POE person's discretion whether I would be allowed entry or not. She said because my case was relatively straight forward they MAY have overlooked my past overstay and let me proceed on the VWP, but it was a big risk and totally dependent on how much the POE person wanted to stick to the rules. Not really the kind of odds I want to face when I'm travelling with a child!

    So.. thats it really. It wasn't traumatic at all, and I have my visa and the knowledge that I've crossed all the t's and dotted the i's. If anyone else is in my position I really really recommend going the route I did. It might have been expensive but its worth every penny for the peace of mind you get afterwards.

    We fly next week for 10 days, so wish me luck! :)

  4. Frankly, I assumed that she wants to resume the relationship with her husband and father of her son. In any case, a rather long post devoid of the information that really matters. So I guess we have to guess what she meant with 3 truckloads full of stuff.

    Really? I have no idea how you got that impression!

    I said I have three truck loads of furniture because I moved in October and it was a PITA to try and get that all organised and moved. I'm aware that as a tenant I look less settled than I would as a home owner, which is why I put about the unfurnished agreement and all the furniture I've accumulated over the last 3 years. It was meant to illustrate that I'm not living in furnished accomodation with few posessions to my name ready to take off to the US if the whim takes me.

    My post was detailed because I don't see how people can give me suggestions of what might prove my resident status in the UK without knowing my situation.

    I appreciate your advice, but I have NO intention of moving to the US. Even if I lost my mind and did attempt it, my Business is not one I can just pack up and take with me. Financially I'd be sunk within weeks without my salary.

  5. So much wasted ink on nothing.

    The child is a US citizen, so no visa applies.

    You are a returning resident, not a prospective visitor. What you need is an SB-1. Your overstay was forgiven when you got your Green Card.

    I'm assuming you're referring to this:

    Returning Resident SB-1 Visa: Reasons Beyond Your Control

    If you are a Green Card holder (lawful permanent resident) and you are unable to return to the United States within the one-year travel validity period of a Green Card (Permanent Resident Card), or the two-year travel validity of a Reentry Permit, you may apply to the nearest U.S. consular office for a special immigrant Returning Resident SB-1 Visa. To qualify for this status, you must show that:

    * You were a lawful permanent resident (Green Card holder) when you departed the United States; - I Qualify for this

    * When you departed, you intended to return to the United States and you have maintained this intent; Something tells me I'd have a hard time proving this, what with the medical appointments, a son in nursery, 5 year finance agreement on a car and business having been set up!

    * You are returning from a temporary visit (travel) abroad and, if the stay was protracted, that it was caused by reasons beyond your control and for which you were not responsible; and

    * You are eligible for the immigrant visa in all other respects.

    If you wish to apply for a Returning Resident SB-1 Visa, you should contact the nearest consular office well in advance of you intended travel back to the US (at least three months in advance, if possible) to permit sufficient time for visa processing.

    If the returning Resident SB-1 Visa is refused on the grounds that you have given up your residence in the United States, it may or may not be possible to obtain a nonimmigrant visa (US Visa), depending on whether you have established a residence abroad to which you will return. If you cannot submit convincing evidence of compelling ties abroad, you may have to apply for an immigrant visa (Green Card) on the same basis by which you immigrated originally, if that is possible. Somehow, I imagine my ex-husbands new girlfriend would REALLY object to me attempting this! LOL!!!

    I appreciate the advice, but ... not really a waste of ink at all.

  6. Have you tried the online VWP registration? That's truly the best way to know if you're good to go in terms of eligibility, but they MIGHT qn you at the border. Here's the VWP site where you register (called ESTA): https://esta.cbp.dhs.gov/esta Enter your details and see how you go. Best case, approved. Worst case, denied and you continue with the B2 stuff.

    Thanks for the suggestions of what to take. I've printed them out!

    I did apply through ESTA but I couldn't complete it because of the 'have you EVER overstayed a Visa or Visa Waiver' question. I said yes, and it referred me to the American Embassy. There's no option for 'its been forgiven!' I'd have to outright lie and say No to even get through to the end of the process.

    I'm hoping this post may help other people in my position. I can't be the only overstayer who abandoned their green card! Its very misleading to say an overstay is 'forgiven' if you marry a USC and go through AOS, because until you get citizenship my experience is - it isn't. :(

  7. I'll take the other side on this one. An overstay is not "forgiven". Thats a catch phrase we see a lot but it's not technically corect. A person who enters legally and overstays is eligible to adjust status to become a permanent resident (as an I-130 beneficiary) without the need for a waiver to be filed. At which point the overstay becomes irrelevant.

    Every entry to the US is decided on it's own merits. Unfortunately Jen will now be attempting to enter the US as a non immigrant with a prior overstay. IMO the information given by the embassy is correct. The VWP is not an option. The B2 is a possibility.

    I would take every last bit of evidence that could possibly help show ties to the UK. Letters are helpful but it is most important to show strong financial and personal ties to the UK.

    This is how I interpret it too. I find it crazy, if I'm honest - because I'm the same person I always was - however the US authorities have gone from thinking "yeah, give her citizenship, she's fine!" to "OMG we must never let her in the country if we suspect she has even the slightest intent to immigrate again!" but I do get why the rules are there. And I broke them. The fact that I had a Green Card (which I abandoned!) will hopefully go in my favour, however it isn't much to do with my circumstances now as a non-imigrant trying to enter a country I previously overstayed in.

    I just wish it wasn't such an expensive & stressful lesson to learn!

    My issue now is I'm having a nightmare trying to fill in the B2 form. It is so specific, and answering the questions truthfully paints a totally different picture to how things really are. For example - we're still married on paper. Its taken 3 years to get a child support order in place (and it still isn't!) and there was no point even attempting to file for divorce without that, as our son is the only 'asset' we share. Once the child support is done it will be a walk in the park to get divorced - however for the b2 forms I have to put married, since the only other option is 'legally separated' which we aren't. (To my knowledge. We've separated (obviously!) but there's never been a court order stating as much. Hence, not legally.

    So with that, and the fact that he's my US contact (and the only applicable term to describe him is 'spouse') - it reads like I'm going back to see him as his wife! Which obviously I'm not!

    (Well, I am.. but not in that context. God, now even I'm confused!)

  8. the only reason to get the B2 is so that the child can visit the father? I don't see how the overstay has bitten you, yet. Is rumour of possible upcoming bite, but you've not been bitten YET, no rabies shot required.

    The B2 is for me - The US Embassy just told me that because I overstayed on the VWP I can't ever use it again. Our son is 4 and he's only ever seen his Dad on a webcam (that he can remember, anyway) so I'd have to accompany him on the trip. I wouldn't put a child that young through the stress of leaving his mother to stay with relative strangers for a week.

    Doesn't the child have a US Passport ? If not, you should get one for him - review the 'Consular Record of Birth Abroad' , if that applies to him, or simply apply for US Passport if the child was born in the USA, at the Embassy .

    He does have a US Passport. And a UK one. He returned to the UK on the US passport in Dec 2006. I have no fears about his ability to get through immigration - only mine!

    IMO, you should still be allowed to travel on VWP. Yer son, if USC or can prove up USC, will have a USA Passport - so no B2 required for child.

    Not what the Embassy told me, but great if you're right!

    PS - 'Daddy's Girl' should really talk to Daddy, if this is really yer normal modis operandi. Seriously.

    No idea what you said or the meaning behind it - but I meant my Daddy - who lives here in England. Not my Son's. I stopped being my ex-husband's 'girl' a very long time ago!!!

  9. Looking at my profile picture seems like another lifetime ago! Can't believe its been over four years since I posted on here for my Green Card!

    Long story short - Met American guy in London, fell head over heels for him, decided (against all better judgement!) at the age of 22 to overstay my Visa Waiver for a month until we got married, safe in the knowledge that we WERE getting married and it would all be forgiven when I adjusted to a green card.

    Everything went fine - Married in Vegas in 05, Conditional Green Card for 3 years, wham bam thank you Mam! :P

    I fell pregnant in 2006. We were separated by my husbands job for pretty much the duration of my pregnancy and the first 3 months of our son's life. I was painfully homesick, lonely - probably a nightmare to live with, his family were useless and I no doubt drove my ex half insane because he was all I had and I clung to him like a limpet. That was far too much for him to cope with on top of a demanding job - just a recipe for disaster really. We went back to the UK for Xmas 2006 and everything fell apart spectacularly, which - in a nutshell - culminated in him leaving the UK and me remaining here with our child. In short, my American dream became an American nightmare!! :P

    Nearly four years on and we're now on speaking terms again. Our son sees his Dad on the webcam, and we have been organising a trip to TX so he can see his Dad for the first time in nearly 3 years. My ex now has a very serious relationship with someone else - they have bought a house, they have two kids.. he has still got his (even more, now!) demanding job. It just makes sense financially and in every other way for us to go there instead of them here.

    BUT.. That damn overstay has come back to bite me.

    Today I applied for an appointment for my B2 visa. I have my own business which I've worked day and night to establish over the last 3 years, I rent an unfurnished house and have three trucks worth of furniture here, my son is in nursery and I get Tax Credits to help pay for that (something I wouldn't have if I immigrated illegally to the US) and I'm on medication which would cost me $1000's a month to try and get in the US if I wasn't insured (which as an illegal immigrant, I wouldn't be.) I have family and friends here, I have a finance agreement on my car.. Do you think this would be enough for me to get approved for the visa? I've read so much about the B2 being hard to get, and I'm worried. I'm desperately trying to think of ways I can prove without any doubt at all that I don't want to ever live in the US again. No offence to the country (I'm sure if I was born there it would be different) but it was my idea of hell to try and live there with little to no family support. I'd quite honestly move to hell rather than move to TX again.

    Suggestions very much welcome! Especially ones to do with what to take to prove how we're financing the trips, because I read somewhere that they pay attention to your ability to fund yourself for the time you're staying in the US. I don't want to raise alarm bells by staying with my ex in his new house (with his new (in everything but name) wife and two kids - nothing dodgy there at all!) but I will stay in a hotel if it does raise eyebrows. At the same time, I'm a single mum and the trip is expensive enough without adding hotel bills into the equation. I don't HAVE a lot of money or assets to show for myself.

    I also want to go for the 10 year visa. $140 a year and a trek up to London is a lot of money to me, and I do want my son to see his dad Annually if we can manage it. Once the ten years are up he'll be 14, so he'll be able to fly unaccompanied.

    I've asked my ex to write a letter giving his side (wouldn't be married her again if you paid me! etc) and I'm thinking of asking my relatives here to write letters explaining how close I am to them now and how much our relationship has changed since my return (my aunt has been a Godsend where my son's speech delay is concerned). Would that help? Anyone else have any ideas of what I can take alongside all my financial things to prove my story? Would it help to get Nursery to write to say I have an ongoing contract with them too?

    Am I overreacting about this? I'm a total Daddys girl and I desperately want to make amends for the situation I've put my son in when it comes to his relationship with his Dad. I'm petrified that I'll get denied on the basis of not having enough evidence of my life here.

    Please help me!

    Jen

  10. Just to clear something up in case it is useful for anyone else in a similar situation...

    If I were to return to the US now, my husband would have no legal leg to stand on in terms of custody or residency of our child. He is officially a habitual residence of the UK and has been since March, and the UK now has jurisdiction in terms of any court determining which parent he lives with or where he should live.

    This is due to the hague convention, and I have had this confirmed by a lawyer who specialises in international child custody cases. Basically, the country that the child has lived in for the longest is the country that any court proceedings have to be filed in, and in 99.9% of cases, the courts award custody to the habitually resident parent, which prevents the child from ever being taken back to the immigrant spouse's country without permission. Had my husband claimed his custodial rights back in Feburary I would have been in a very sticky situation due to the fact that our son had lived in the US longer than he had the UK at that point. I could easily have been court ordered to return to the US until the case was heard, and would have been unable to leave the US again with our son unless my husband gave permission - which obviously he wouldn't have done. Luckily that didn't happen!

    However now, the shoe is on the other foot. If I did ever choose to return to the US for a vacation, before I travelled I could have the courts here issue a residency order that I could show to any court in the US to prove my son's residency. Should a custody issue arise, I would be within my rights to demand that he be returned to the UK, and for all custody battles be fought in a british court. Obviously visiting at all is still a risky move as I could not prevent him just TAKING him, however legally, everything is on my side.

    Anyway, this is all a moot point as I have no plans to return to the US anytime soon, and it looks like my husband is much more interested in sleeping around and basically acting like a college student than visiting his son anytime in the near future!

  11. You need a visa if you:

    • Have been deported from the United States

    • Have previously overstayed the 90 days permitted under the VWP

    • Are a child included on your parent's passport

    Has your child got a US passport? if not get him one asap..

    Kez

    He does. However I am also applying for a UK passport for him.

    In terms of the overstaying the VWP - I know that is forgiven upon marriage, which is where the confusion begins. Is it forgiven on marriage, so long as you STAY married?!

    ie, in my case, forgiven on marriage, however 'unforgiven' in the event that your husand ditches you back in the UK and threatens to kidnap your child should you ever return stateside... ;) That seems a little unfair!

  12. You may also want to think about the nationality of your son.

    Was the birth registered in the US and the UK so therefore dual nationality?

    If you did not register the birth in the UK or with the UK consulate just make sure that he is registered soon.

    I tried to register him, but all the people I spoke to said that he doesn't need to be. He's been registered in terms of child benefit, and I'm applying for a british passport, so I assume thats all I need to do? Unless you know different that is... :D

  13. So the story, as short as I can make it.

    Entered US in June 05 on VWP. Married in Nov 05, got my conditional green card in May 06.

    Had baby in September 06 (what can I say, we didn't waste much time!) and then in Dec 06 flew back to the UK to visit friends and family with husband and baby boy.

    My husband then decided he didn't want to be married anymore, and after a fight (where threats were made about kidnapping child) bought himself a flight back to the US alone, and cut off all my bank cards etc. Basically, he left me in a country I'd not lived in for almost 2 years, with a 3 month old child and no money at all to support us with.

    We've done well, and are now settled here in the UK. However, I'm a bit apprehensive about what happens when the inevitable occurs and my ex decides he wants our son to spend time with him in the US. While he's too young right now for me to even entertain that thought, I know it will definately be an issue further down the line, and I'd like to be prepared.

    I'm quite aware that my son may request to spend time with his father in the future, and if he isn't at an age I feel is old enough to be travelling alone (say before he's 12 or 13), I know I would want to accompany him - at least for a first visit. Also, theres the possibilty I might want to visit the US again in the future - probably not texas lol - but say NY or a trip to Disneyland Florida or something. How does my previous immigration status and the fact that I abandoned a conditional greencard affect that?

    A point to note - I overstayed for just under 180 days before I got married and applied for AOS. This was forgiven as I successfully AOS'd, however, will this overstay come back and bite me in the ### now I have effectively given up my right to hold that Green Card? Am I banned from ever re-entering the US?!

  14. Okay, I'm back. I'm not technically on any kind of visa journey anymore, but I was hoping maybe someone has some advice.

    I'm 25. I married a USC in November 05. I got pregnant in Jan 06 and had a baby boy in September 06. From July through to December of that year, my husband was 300 miles away from me training to be a police officer. He only came home at weekends, barely called and basically had no regard or understanding of quite how lonely or scared I was to be 5,000 miles away from anyone I knew, and he was unwilling and resentful of the fact that he was the only person I had for support.

    He spent, in total, 41 days with our son.

    At Christmas we flew back to the UK to visit family. Everything kicked off, and we had a huge fight. He was violent towards me, and inadvertently very nearly violent towards our son. Many things were said that I am very ashamed of, so I don't claim to be innocent in everything, but he made the decision on his own to buy a ticket back to the US. He flew back on January 1st without us. Some of his last words to me were that if I followed him back to the US he would take our son, throw me out on the streets, and I'd never find them again. His father also advised him to snatch the baby when he called him to let him know he was flying back early. The next day on his return to the US, he cancelled my bank cards, leaving me without a penny.

    For two months we went back and forth talking about me returning, and ended up agreeing that as I was in the UK anyway and we would have to buy a new ticket for me and the baby, I would stay a bit longer and get my health sorted out before I returned (I had a pre-existing condition that would have cost $1,000's even with insurance to get stable again). One day in March, out of the blue, he turned round and told me he didn't want me to come back to the US.

    My son and I are completely settled in our own apartment and we do okay financially. He sends money, but it doesn't work out a lot after the exchange rate etc. He still has not sent one of my belongings over, nor any of the baby's things (not that they'd be any good now since he's now 9 months old) He has apparently approached several lawyers about custody (he doesn't have a leg to stand on) and divorce, but has told me that getting a divorce would be too expensive for him so I have to do it.

    I don't know how, and I don't have any money to be able to invoke divorce proceedings. I have contacted legal aid here but there are no lawyers in my area who will take on such a complicated case. I have no idea what I need to do, or where I even start from here to get this finalized. Any suggestions?

    Also - where do I stand in terms of my Green Card, and if I did ever want to return to the US for visits so my son can see his father? (I have no plans to do this, but would like to know theoretically) I had a 2 year green card which expires in 2008, but obviously I have been outside the US for over six months now and have no AP. I overstayed before we got married, just under the 180 day limit. Could I be subject to a ban from re-entering the US?

    Thanks for any advice you can give me.

  15. If you have any intention of returning back to your native country then you NEED to research the Hague convention NOW, AND I MEAN NOW. DO NOT WAIT.

    The Hague convention is very very scary when it comes to child custody and habitual residency. Say your child was born in the US and you lived with your husband for another six months before deciding to call it quits and return 'home'. Even if your husband verbally agreed to you leaving with the child, he can easily invoke the Hague convention and have you and the child forcefully removed and returned back to the USA until such time that the child has lived in your home country longer than he/she lived in the USA. It is a horrible horrible law which has been abused many times by disgrunted ex-partners. Mine tried it. Luckily, he waited too long for it to have any effect.

    I'm sorry if I scared you but your post really brought a lump to my throat. Please contact an attorney now and ask them about your options if you have any doubts about your marriage lasting. You may save yourself a lot of heartache later.

  16. In love; its for new residents out of state. I called into the DMV here and asked.

    In texas, the uk has reciprocity and uk people can drive for one year in the u.s on their uk license. I have got to do my tx driving test before november so im currently studying from the wee book, but its crazy trying to get time to do everything!

    Kat: thank you for the info and WELCOME BACK to TX! :dancing:

    I'm studying from that book too, but I don't like it at all...not that I like any book I have to study! :hehe:

    Anyway, I want to TRY and take the test as soon as I can too (Oct-Nov), so let's see how it goes!

    So, do you think I can still do it with no problems, though I've been here for over a year?

    Thanks!

    The amount of time you've been here has no bearing at all. I applied for my TX license in July, having been in the US 13 months, and no-one even blinked an eyelid! :D

  17. Flying whilst pregnant is mostly safe-but it's an incredible strain on your body under normal circumstances, so there is, at least, some risk to flying whilst pregnant, to both to mother and child. If I was a man and the woman said to me " I don't care about flying whilst I am pregnant..." It would cause me to think about the reasons behind the impatience to get pregnant; as such a cavalier attitude about such a huge responsibility as children would certainly cause me to at least stop and think.........

    Really?!?! I find this weird, just because you see flying while pregnant as being a bad thing. My husband is away monday to friday until December because he's at the police academy training to be an officer. I am 38 weeks pregnant now, and was planning on going back to the UK for a few months in July just so I didn't have to be alone while I was pregnant. I didn't in the end because it was too expensive, but at the time I felt that my happiness and not being miserable while I was on my own would be far better for the baby's wellbeing even with the added stress of travelling. I don't see how you can think that a woman is somehow putting the baby in danger by flying when they're pregnant.

    In terms of your question though - I'd say a resounding NO. Its not so much about spending time together for me - we were both positive we wanted a family asap (We got pregnant 3 months after we were married, although admittedly that was faster than we'd planned) but more about healthcare. I would never in a million years consider getting pregnant in the US without medical insurance. Sure you can have the baby in your native country (which for me would be free) but it isn't the same.

    Even though my husband is away now, we're at least still in the same time zone and he's back every weekend! He has still been incredibly involved in my pregnancy the whole way through, and the thought of him not being at the birth is almost unbearable to think about. I cannot understand why anyone would anyone put themselves under that kind of stress for the sake of a few months?!

  18. Hey and CONGRATULATIONS! from someone who was very nearly in your boat!! I'm 36 weeks today, and luckily I'm covered by my husbands health insurance.

    What I suggest you do is :

    1) Check out blue cross blue shield. I have a friend (who I met on here, actually!) who has numerous health problems - epilepsy etc and she got a PPO plan through them without having to have a medical for I think $300 a month. If you're only 8 weeks, it is very feasible that you wouldn't know you were pregnant yet (a lot of people have dodgy cycles etc) so you could try and get one of those policies and try and wing it... although I don't know how comfortable you'd be doing that. I would personally give them a call and without giving your name ask what would happen if you had a new policy and got pregnant straight away before you sign anything... its worth a shot, right?

    2) My OBGYN and Hospital delivery is costing $9,000 for the OBGYN to catch the baby (if its a routine vaginal delivery, no complications, more if it isn't) and do all the routine prenatal stuff, and then I have to pay $100 a night for me and the baby to stay in the hospital, and then $100 a night for the baby if he has to stay longer. Many hospitals / OBGYN's give you a discount if you pay large chunks in advance, so thats something you could consider too - try calling around. A birthing center (basically midwife run, with relatively few drugs and no epidural) is a LOT cheaper - and runs at about $4,500 with or without insurance. They also offer payment plans, and give discounts for up front payments. You could always look into that - but bare in mind that if you had any complications you would be transferred to hospital and probably have bills from there too.

    3) Does your country offer free healthcare, or do you have any kind of healthcare package from back home? I'm from the UK, so any delivery there would have been free. This is the option we decided on if I happened to get pregnant before I was on the hubbys insurance. Sure it sucks that your husband would most likely not be able to be at the birth, but its better than bankruptcy. I think it would have cost me about $1000 to fly home, and quite a bit more having to pay for day to day expenses, but it would be no where near the amount a delivery costs here in the US. Maybe thats something to look into if you have somewhere you can stay?

    I'm sorry you're having to deal with this. I hope you find a solution soon. xxx

  19. Me too!!! Don't forget meeeeeee!!! :D I will be there, belly and all!

    Sorry I haven't been online in a while, I've been sweltering in the insane heats and spending pretty my 90% of my time either in the bath or bed. 5 weeks to go until I get my figure back. Whew. :D

    I saw someones question about the 70 day letter hasn't been answered so I thought I'd do the honors! The way it seems to work (according to my friendly interviewer!) is that anyone not approved by day 70 gets sent a letter giving them an appointment to apply for an EAD at some ungodly hour two weeks later.

    When you show up to that, they have a list at the desk of people who have been sent the 70 day letter, but have since been approved - and they will not issue the EAD to these people. (of which I was one!) Everyone else is allowed to go ahead with the EAD application and pays the required fee.

    So basically, getting the 70 day letter is no indication of the amount of time you have left to wait. They may approve your case the next day, or 48 days from when you receive it. It is up to you whether you want to take the gamble and apply for it, or wait it out.

    It seems DORA is running at super speeds these days, so I am very happy for everyone who has been approved recently!! CONGRATULATIONS!!

    Geordielovr - has Dan got his GC yet? If not I think we should take bets on which will arrive first - Aiden - due on Sept 29th, or the GC. ;)

  20. What kind of mental illness are we talking about? Bipolar? Has he ever been sectioned?

    I was voluntarily hospitalised for psychiatric problems in 2004 - just before my first trip on the VWP. I was never given a diagnosis, so I checked no on every box on the Visa waiver form, and the AOS forms. I got my green card, no problem.

    I have heard however, that having been sectioned (which I wasn't) in the past makes you ineligable for entry into the US. I don't know how true this is.

    Maybe you could call an immigration lawyer and talk it through with them? Many of the ones round here do free 30 minute consultations.....

  21. I'm probably going to get yelled at for this, because its totally against UK TV licence laws... but I use uknova.com

    Its great! It has eastenders, corrie, the bill, holby, casualty, big brother... you name it, it has it - usually uploaded the same day that it was on TV in the UK. You need some software to download it - its called BitComet but thats free too.

    I actually don't feel too bad about using it, because if the BBC did some kind of pay per view thing that cost the same as the TV license I'd jump all over it. :D

  22. meauxna,

    As far as I'm concerned, I just give the facts. I know, and I make sure whoever I'm talking to knows that the only way AOS from the VWP is permitted is if it is a marriage on the spur of the moment.

    However, you and I both know that proving intent to marry is pretty impossible in many cases, and not routinely looked into by the USCIS. At my interview the lady didn't even seem bothered about whether our wedding was pre-planned or not - her emphasis was on determining that we had a valid marriage and had entered into it for the right reasons.

    As to me personally whether I had intended on getting married when I entered the US - I don't really know the answer. I had printed out the forms for a K1, and as far as I know I left on them on a table in my parents dining room. We had talked about marriage extensively on previous visits, and we had pretty much made the decision that we would marry 'at some point' - but no date had been set as hubby was waiting for his divorce papers.

    I personally left the UK under a huge black cloud after some pretty horrific fights with my family, and I do remember boarding the plane and wishing that I would never have to go back.. so in many ways that COULD be interpretted as having immigrant intent, but no formal decision had been made at that point to adjust or marry or any of those things. My only ties to the UK when I left were a J Reg Nova on my parents drive, and a british bank account. I did not hide anything at the POE, and would have explained all of this if questioned.

    I'm being honest here because I don't see any reason not to be. However, I am fully aware that AOS the way I did is something which is severely looked down upon within this community for whatever reasons - so if anyone wants to criticise me, then go right ahead!

    The way I see it, is people are entitled to have all the information out there for them to read if they are considering applying for a K1 or marrying a USC. I make sure I try and give an unbiased explaination of my experience, including details of the apparent risks of adjusting the way I did. I am the first to admit that it is a gamble to adjust this way, and is a total loophole, but I expect people to make up their own minds about which route they feel happiest taking.

    :D

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