BamaGoddess26

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

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. 

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.

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. 

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? 

50 minutes ago, JFH said:

Yes, assuming you have all the documents needed to file the petition and you have the payment, there’s no reason you can’t mail it to the lockbox tomorrow. He needs to return to the USA ASAP but where you mail the petition from is irrelevant. They don’t study the postal markings to see which city you were in when you sent it. They don’t care. 

 

The affidavit of support is not needed until the NVC stage. Don’t even think about that now. Focus on the petition and getting your husband back to the US and him finding a job. Cross the NVC bridge when you get to it (about 6 or 8 months from now). His overstay will not affect the petition in the slightest. My husband (USC) has done far worse things and spent time in state prison in California and we were approved without any issues whatsoever. 

 

It is very unlikely that your petition will be denied. The petition concerns only these things:

 

- is the petitioner a USC (for this you will need a photocopy of his passport)

- is the marriage legal (for this you will need a copy of the marriage certificate and copies of divorce decrees/death certificates if any prior spouses if either of you has been married before)

 

The petition is not the visa. So an approved petition does not guarantee an approved visa. An approved petition just guarantees that you have a legitimate path to applying for an immigrant visa for an immediate relative.

 

For the medical, hoe long ago was you mental health incident? Would you be able to get something from the doctor that confirms you are no longer a danger to yourself or others? Those are the magic words for the visa medical. 

My overdose was in 2009, i've had depression since 2005 when my sister died( she was 13 i was 11) after a lengthy cancer battle. 

September 2018 was when my doctor referred me to a psychiatrist, i was seen in april but after going on a huge health kick & meditating i have found that my depression has gone, i'm so happy now, so my psychiatrist signed me off from their care back to my gp drs. 

I can get a letter from my drs stating i'm no harm/danger to myself/others no problem  

I've done alot of research since being together & noted that many Alabama petitions go to Texas, & the processing times don't seem that bad, also the London embassy seem to be very quick also as a friend of mine went for her green card over a year ago. 

P.s thank you for not scaring me  

10 hours ago, JFH said:

It will take many months for the petition to be approved. The matter of income doesn't come into play until after the petition has been approved. Hopefully he will have a job by then that pays enough. If not, you will need to find a willing joint sponsor who does earn enough, or who has enough assets.

 

Why are you 'wasting' money on a lawyer? You are in dire straits financially. Is there anything you have not mentioned here that would mean a lawyer would be needed? I understand you have an overstay but that's not that bad (relatively speaking - it is bad but it's hardly a conviction for murder). Many people have successfully filed following an overstay without using a lawyer. Since your husband will have, at least in the initial days back home, plenty of time on his hands he should read, read, read and read again about this process. And ask as many questions here that he has. Please save money where you can. Moving overseas is financially tough on anyone - no need to make it worse than it already is.

 

 

Ok, so could i extend a question to you from my husband for advice? 

If my husband gets all the correct files for ir1/cr1 (i-130 etc.) and hubby sends this off to the chicago lockbox from in the UK & then leaves like a month later & gets a job, but can provide an immediate affidavit of support if needed, would this be possible with him being an overstayer by the time he would receive an noa1? & would it affect the petition in any way?

in regards to the lawyer, as i have previous diagnosis of depression, and a previous accidental overdose, i would assume i needed help with any medical waivers i'd need to require? 

I'm super worried that our petition will be denied.

*SIDE NOTE*

To make it clear to everyone we Never had any intention of overstaying in either country, we had to pay a large sum out for a family death which meant our funds were depleted starting from scratch & having to pay out for vet bills for my family dog of 9 years

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

So after a discussion & a good cry, we have accepted that he must go home. So we are now fixing some flights home in the next week. I'm also in the process of filing in the next week, after securing a loan from a family friend.. although i'm consulting a lawyer so we miss no steps. 

As he will be classed as unemployed what do we do for the income requirements? can we use an affidavit ?

T&M x

Hi,

So I am a UK citizen, i met my now husband (US Citizen) in September 2017 after first beginning to talk online in June 2017.
I stayed for two weeks & then returned home. He proposed to me before i got on the flight home, so we decided to get married when i return, which was in December 2017, however the official wedding (Chapel) wasn't until March 2018.
Within around a week of the wedding my ESTA had expired, and i should of returned home, but seeing that i could file for AOS, we decided to save for this & i stayed.
Unfortunately due to redundancy my husband lost his job, which as i was out of visa/esta we decided to do the right thing and come to the UK (July 2018).
My husband was granted a tourist visa when he arrived and the plan was to save and file for IR1/CR1/Green Card once i save enough, again due to life circumstances (Unforeseen Expenses etc.) it means we have now been in the UK for a year and my Husbands visa has ran out. (Around 6 months ago)

I am now worried because -
1) I overstayed my ESTA for 4 months this may affect my IR1/CR1/Green Card chances? (Any advice would be great!)
2) Due to UK Visa rules my husband cannot apply for an extension or apply for a family visa & isn't here under any visa!
3) I've been told we cannot file for my IR1/CR1/Green card here in the UK or by DCF because my husband isn't supposed to be here!

Does anyone have any solutions around this?

If my husband has to return to the USA without me, we will be both crushed, however we have accepted this may not be a matter for us to decide and are in the discussion of returning him back home upon advice i receive!

I have saved some money, however we won't have the IR1/CR1/Green Card fees until January 1st 2020 and i'm worried this may be a moot point as we may not be able to file until he is home (Please help?!)

All advice, help and constructive criticism we thank you in advance!

T&M