FLR (O) help please - are we wasting our time?

[emmz13]

Hi,
I posted before regarding EEA FP but due to my mothers deteriorating health and finances we just don't have the means to leave the UK so we were hoping that we may be able to apply for 10 year route - family life. Do we stand a chance?
I am a British citizen my husband is American, here as visitor which expired 05/06/13 we have a 1 year old son who is a British Citizen. My mother is 76 and over the last few months her health has deteriorated a lot and she has become much more reliant on our care, we live rent free in her home currently. I have spent the last year on income support, which has been a nightmare and I would love to get back to work, easier said than done at the moment it seems anyway... My husband has given up everything in the US to be here with us as our plan was the family permit route but he still has family in the US and of course as an American citizen can return to his home country, my fear is that it will be decided that we can easily return there too with him which we could eventually but realistically this process would keep us apart for probably the next 3 years and I am not sure our relationship could survive this period, 6 months was a living hell and our son would not know who his father was by this time. This also leaves my mother dependant on state help and ripping her only grandchild from her would destroy her. I feel I am being forced to choose between my husband and my mum and I just don't know what I can do.
We can't afford legal help, and my brain is fried from days/weeks of internet trolling.
I'm sorry for rambling, I'm just at my wits end. Any help at all would be amazing.
Thanks for reading this

[Choc-Ice]

Hi,
I posted before regarding EEA FP but due to my mothers deteriorating health and finances we just don't have the means to leave the UK so we were hoping that we may be able to apply for 10 year route - family life. Do we stand a chance?
I am a British citizen my husband is American, here as visitor which expired 05/06/13 we have a 1 year old son who is a British Citizen. My mother is 76 and over the last few months her health has deteriorated a lot and she has become much more reliant on our care, we live rent free in her home currently. I have spent the last year on income support, which has been a nightmare and I would love to get back to work, easier said than done at the moment it seems anyway... My husband has given up everything in the US to be here with us as our plan was the family permit route but he still has family in the US and of course as an American citizen can return to his home country, my fear is that it will be decided that we can easily return there too with him which we could eventually but realistically this process would keep us apart for probably the next 3 years and I am not sure our relationship could survive this period, 6 months was a living hell and our son would not know who his father was by this time. This also leaves my mother dependant on state help and ripping her only grandchild from her would destroy her. I feel I am being forced to choose between my husband and my mum and I just don't know what I can do.
We can't afford legal help, and my brain is fried from days/weeks of internet trolling.
I'm sorry for rambling, I'm just at my wits end. Any help at all would be amazing.
Thanks for reading this

There's a 50-50 chance with FLR-O,you have a British child which mean EX.1 applies to your case! My only concern is because your husband is here on an expired visitors visa which means he will not get the right to appeal if the application fails So you have to make sure you put together a very good reason why he should be allowed to stay. I do believe you have a very strong case but you know HO are not really predictable!

I am currently going through the appeal route with something similar but I am not married to my partner (even though we have a child together) which was one of the reason why I was refused with a right to appeal. I now have to prove that in court and also rely on Article 3, 7 (UN Convention on the Rights of the Child (1989)) along with Article 8 of the European Convention on Human Rights.