United States wife overstay.

[yankeegirl]

Sakura and Lady K, I couldn't have said it better myself!

FWIW, jjohnmichael4u, the US immigration process is much more involved and takes quite a bit longer. A UK spouse is not going to have a US visa in hand within a week or two, the processing time is usually several months. Try searching through the US forum on here and see what people have to go through to get to the US.

Granted, it does cost a lot of money to go back, nobody is saying it doesn't. However, if you stay and try to fight it here, it will more than likely take a lengthy period of time, at the end of which you may not prevail anyways and would still have to return back to sort it. You also won't be allowed to take up any sort of employment during that entire time. If you make an effort to just scrape together the £ to do it, you can have it all done and dusted in a matter of a week or two and put it behind you.

And just to let you know, I'm speaking from experience here. I had to return to the US last year to get my status sorted. My daughter was almost 2 at the time. We are a 1 income family and it was a struggle to come up with the £, but it can be done. More important to me than the fact that my airfare could have been spent on her was the fact that I wanted to be a good example for my child. How could I expect her to learn right from wrong and to follow rules if I had chosen not to do so myself?

Seriously guys, it's only going to get stricter here, immigration-wise. Take advantage of the fact that it is pretty damn easy to get a UK visa from the US (UK consulates in the US have an over 90% approval rate) and get it done. Be grateful that you aren't returning to a country like Jamaica, where a person in your shoes with a valid marriage and children would face a months long wait and refusal rate of over 60%.

[jjohnmichael4u]

sorry for stepping on yer thread andrew. i dont recall myself saying i deserved any preferred treatment or the red carpet because i was american. yeah allies! and guess my point bein there is that we have been allies for many years yet someone from poland,france or any part of the eu has an easier time at stayin here than me. what irritates me most is when someone says to go home...this is my flipping home now!! just not my soil. unfortunatly the word home isnt defined as such under immigration laws. not gona fight the h.o on this because all it was was a waste of time when i did it before. i will go back to sort it.
again andrew goodluck and feel for you. unfortunatly there isnt a box for common sense on any of the applications ive seen other than go home.lol
tc bub

[republique]

sorry for stepping on yer thread andrew. i dont recall myself saying i deserved any preferred treatment or the red carpet because i was american. yeah allies! and guess my point bein there is that we have been allies for many years yet someone from poland,france or any part of the eu has an easier time at stayin here than me. what irritates me most is when someone says to go home...this is my flipping home now!! just not my soil. unfortunatly the word home isnt defined as such under immigration laws. not gona fight the h.o on this because all it was was a waste of time when i did it before. i will go back to sort it.
again andrew goodluck and feel for you. unfortunatly there isnt a box for common sense on any of the applications ive seen other than go home.lol
tc bub

I still don't see your point of being allies, john. The uk and usa might have been on the same team for several wars but the US and the UK are still competitors in other respects. As for people from the EU having an easier time. Well of course they do, they are participating in a cooperative effort called the EU and those are the benefits of that effort. Why should allies trump a current cooperative effort? And look at the results, the EURO is killing the dollar, and the dollar. Well moving on.
Yeah ok, its your home too but under certain conditions because you certainly didn't make the ultimate commitment and become a citizen so what do you want? to get all the benefits without the responsibilities? Sorry, you feel that way but yeah you do have to still go home to the country from which is your nationality. No one is saying go home we don't want you. They are simply saying you have to start from a position of non imposition. You entered on specific terms which is called limited leave- consider it hospitality. Your leave is over and you forgot to get it extended properly please sort it out properly where you are not overstaying your welcome. Sorry, if it is an inconvenience to you. It is an inconvenience for the HO as they have to at least look like they are playing fair when they are implementing the rules and decidng visa applications and extensions. There is no such visa extension called I forgot, do you mind ignoring the rules for me? At the end of the day, I dont find you guys (john or the OP) are acting very grown up about it. Why don't you just raise your hand and take responsibility. Taking responsibility is not just about admitting a mistake but doing the hard part and dealing with the consequences. Right now the consequences are to go home and reapply for a new visa and due to this concession, the HO will be the most lenient they ever have been in history. Instead of running to the USA to take advantage of this fantastic opportunity, you are still hemming and hawing about how your rights are being trampled on and how difficult it is. I am sure there is some difficulty but really it isn't any more expensive than the application you were going to put forth wrongly and ultimately throw that money away because you would have been denied. I can't stop shaking my head in disbelief.
However I do pray that the OP follows Mike's actions and returns to the USA pronto to sort this mess out because I foresee the OP making more threads of his very long and tormenting struggle with the HO if he remains.
All the best

[whirly]

in this case i think common sense should prevail

unfortunatly there isnt a box for common sense on any of the applications ive seen

Sadly, common sense doesn't really enter into it. And I am having trouble seeing why common sense should prevail when, as others have pointed out, you broke the rules and continue to argue that the UK should just let you stay.

Common sense told me to take the rules seriously when I decided to make the UK my home. The HO might not be the most helpful institution, but they don't exactly hide information; it's easy enough to find out that spouse visa = 2 years, then ILR, then citizenship, so that has been my path. Having overstayed, you both managed to find out about the concession; why fight your path? You came down this road and you have been given a relatively straightforward way back to the start line (plus lots of heartfelt, good advice.) Consider it a do-over and just do it.

As for your argument that it's too expensive, I can tell you from experience that doing things the right way isn't cheap either. I can't shed too many tears for you on that front. I agree that the application fees are exorbitant, but it is what it is. Get your status sorted before they raise the fees again... As everyone has said, it's only going to get harder for you in the future.

[Andrewg33]

Hi John

Your not stepping on my thread mate,everyone on this forum has been telling me to "get your wife to go back", "Andy you should have booked your flights by now" and FIND the money,well sorry but i cant,you may all think i have been sitting around thinking a plot to fight the HO from here but your wrong. I have tried my boss,the bank,relatives you name it but im not going to get the money especially befor Oct 1st. So i guess that is us stuffed mate,we will have to go in to hiding for years to protect our GENUINE family love for one another,we have been married for years and have a 4 year old boy and another kid on the way but yet we are expected to get thousands together to get things right when we cant save and just get by the way it is. I also dont expect the red carpet like yourself just another option that is not impossible. Good luck to you too.

[jjohnmichael4u]

andrew i think we are in both the same boat. what ive not heard from anyone on this other than go home is how we go about winning a case against the home office. fighting them is most likely not the right thing to do but an option many might not have a choice in. being complacent is not always the right thing to do in my oppinion. so i think people should get off there high horse and find andrew a solution other than send her home, get a loan etc, as this doesnt seem to be an option for andrew. not everyone is fortunate to have deep pockets. myself i take responsibility for bein an overstayer and am fortunate enough to have some spare room on my credit card to be able to go back to the states before oct. in sayin that andrew from what im hearing this ban will not apply to family members or spouses. so even if you were able to manage the funds after oct, you may be in the clear. dont quote me on that though. another route andrew and one im not sure on is for your wife to maybe contact the u.s. consulate here in the u.k. maybe there is some kind of aid she can get to return by bein a u.s. citizen. worth a shot anyways. will let you know if i find any real solutions for you m8.

[republique]

andrew i think we are in both the same boat. what ive not heard from anyone on this other than go home is how we go about winning a case against the home office. fighting them is most likely not the right thing to do but an option many might not have a choice in. being complacent is not always the right thing to do in my oppinion. so i think people should get off there high horse and find andrew a solution other than send her home, get a loan etc, as this doesnt seem to be an option for andrew. not everyone is fortunate to have deep pockets. myself i take responsibility for bein an overstayer and am fortunate enough to have some spare room on my credit card to be able to go back to the states before oct. in sayin that andrew from what im hearing this ban will not apply to family members or spouses. so even if you were able to manage the funds after oct, you may be in the clear. dont quote me on that though. another route andrew and one im not sure on is for your wife to maybe contact the u.s. consulate here in the u.k. maybe there is some kind of aid she can get to return by bein a u.s. citizen. worth a shot anyways. will let you know if i find any real solutions for you m8.

Sorry it is an option. Because the option to stay and fight costs more money and takes a very long time. Thus the better option is to return home at the fraction of the cost than it would to stay and fight and it will be over in a nanosecond compared to the long wait the HO will put you through if you stay. So many people have told you from their experiences, they got themselves sorted quickly when they returned home. What is so terrible about taking a flight to the usa and submitting an application there. No one is on their high horse but you. And you guys don't make sense because you clain you have not enough funds, then how do you plan to pay for the solicitor? It is more than the application and the plane fare. And his wife better leave soon or she will be too far along in her pregnancy to travel.
I don't want to hear from you guys anymore about how unhelpful this board has been beyond this thread. And for you guys to act like we are the bad guys, we are only telling you the rules and they relate to your situation. If anything, your problem is with the HO. However I think what is most telling is that you simply want to do it your way. Ok do it your way. Happy now??? Do it your way, stay and fight and good luck to you because you don't want to take anyone else advice. You just want us to be your yes man. Ok Yes, yes, yes go for it, you are great. Godspeed. Good Luck.

[jjohnmichael4u]

just want to jump in here one last time. i will admit when i am wrong. and i was wrong in saying for everyone to get off there high horse because everyone is here genuinly trying to help andrew. unfortunatly republique i dont think andrews wife will have much option other than to stay and fight. so we need to find him a solution other than what has been suggested. but hey if u want to get in a tuff about it because others have varied oppinions than be my guest.

[whirly]

So i guess that is us stuffed mate,we will have to go in to hiding for years to protect our GENUINE family love for one another,we have been married for years and have a 4 year old boy and another kid on the way but yet we are expected to get thousands together to get things right when we cant save and just get by the way it is.

I am going to refrain from commenting further on this thread, since you've pushed me over the edge in terms of patience and sympathy. YES, it's expensive to live here. Most of us struggle to afford it. Hearing you bang on about how 'there must be another way' is starting to feel like a slap in the face. I must be a (rich) chump for forking out all that cash in spouse visas, etc.

At this rate, why bother regularizing your status at all? It seems to be working for you so far...

jjohnmichael4u: Bravo for making a difficult decision about your status, and well done for sticking up for a mate and trying to get actual answers. Wish I had some better advice, but apparently I'm not good enough at bending the rules to see how Andrewg33 can fix his problem without leaving the country and coming back in.

[ciaramc]

Andrew....sorry about your situation....but what are you thinking ....get it together and get your wife to go back to the US to sort everything out!

our GENUINE family love for one another,we have been married for years and have a 4 year old boy and another kid on the way but yet we are expected to get thousands together to get things right when we cant save and just get by the way it is.

Many people are genuine families who love one another....but at the end of the day your wife broke the law!

And you can't get the money together??? You have two children....my husband and I have been fighting for years to get him regularized (not in UK but Europe)....You know how much money we have forked out....we can't even dream of having children, which we would love to do...because he can't work and we pay so much in lawyers bills!!! But at the end of the day he made a mistake he is illegal! ( so is your wife) so now we are paying the price!

You know how much I wish they could have some sort of concession here to?

Anyway you will do what you want....but I do advise you to take the sound advice that is being offered to you here! Because it has helped me alot!

Good luck

[yankeegirl]

just want to jump in here one last time. i will admit when i am wrong. and i was wrong in saying for everyone to get off there high horse because everyone is here genuinly trying to help andrew. unfortunatly republique i dont think andrews wife will have much option other than to stay and fight. so we need to find him a solution other than what has been suggested. but hey if u want to get in a tuff about it because others have varied oppinions than be my guest.

I think this will be my last comment on this thread. The reason people suggest that those in these types of situations to return home to re-apply is because that is the quickest, easiest, and in the long run, probably chapest option. It also offers the best chance for a sucessful result. By all means, anyone is free to apply from within the UK while out of status, but you'd be better off flushing the £750 down the loo. Not to mention any type of appeal would probably require specialist advice, and solicitor fees will easily run up to be much higher than the cost of applying from one's own country.

While people can empathize with your situation, it does ruffle a few feathers when people come across as entitled about the immigration process. I'm not speaking specifically about the OP, but just in general. There are people in much more problematic circumstances than simply not having the money, and they still make the effort to suck it up and do the right thing. Search through this forum; there are people who have disabled and/or very ill spouses that really make travel cumbersome. There are people that have to return to countries that are considered dangerous and wait MONTHS for their application to even be processed, and they face much more scrutiny with their applications and a higher chance of refusal. I'm sure people in those positions would love to be in a position of knowing they are going back to a safe country where applications are approved fairly easily and within a matter of days.

[sakura]

so i think people should get off there high horse and find andrew a solution other than send her home, get a loan etc, as this doesnt seem to be an option for andrew. not everyone is fortunate to have deep pockets.

The Chikwamba case offers another option for overstayers wishing to apply for leave in-country, and has a very interesting conclusion (in my opinion). It involved a failed asylum seeker from Zimbabwe who had married a refugee (also from Zimbabwe) and had a child with him. She applied for leave from within the UK, citing Article 8, right to respect family life, and was refused, and was told to apply from Zimbabwe. She appealed twice, and was refused twice, and her final appeal was won. So, in this case, it is possible to successfully apply in-country as an overstayer/non-legal resident, using Article 8. However, consider the following;

1. She first applied for leave in Sept 2002
2. She was refused leave in Feb 2003 and appealed; the appeal was dismissed in May 2003
3. She appealed this desicion and received another dismissal in Janurary 2005
4. She then went to the House of Lords and won, in June 2008.

So, her first application for LTR was in 2002/3 and yet she had to wait until 2008 to finalise things. She also had to wait at least six months to get her initial refusal.

The case does point to the fact that it cannot always be possible for the BIA to expect people to return home, especially if they have young children. It has made it easier for people without legal status, notably failed asylum seekers, to apply in-country, but there are some other issues I think come from this ruling, which is the concept of 'proportionality'/expectations for an applicant to apply from their home country. The ruling also seems to suggest (to me) that in some cases it does not think it disproportionate to ask the applicant to return home and apply for EC from there, where there might be minimal loss (proportionate/disproportionate to enforce the immigration rules in the respective case) incurred on the applicant (notably returning to a stable country to re-apply). The following cases they mention shows some applicants whose appeals were dismissed and who were asked to apply from home, where the courts found it proportionate to comply with the immigration rules.

So, basically, it can happen all in-country, but it does depend on if you have the time/money for waiting and lawyers, and if you can show that the BIA are in breach of Article 8....having a baby on the way certainly would be a good challenge to the BIA's requirement to have her return home. You still need legal advice, though, on whether to go down this route...

[Andrewg33]

I dont think this forum is unhelpfull,infact quite the opposite and i agree that going back to the States is the quickest and easiest option,also i know there is alot of other people in worse situations than ours and i do sympathise with them but we have to get this money together before Oct 1st? Its not going to happen and like i said i have tried everything to get it but also im not looking for sympathy because we cant find the funds.
Anyone who has been in this situation will naturally look for other avenues when there seems no hope doing it this way or that way and this is merely what im doing,sorry if some people have had enough of this thread and have washed their hands with me but im just looking for other or different advice on applying a different way,does that make me a bad person?
Immigration is ofcourse a very powerfull topic and i understand that some people can get annoyed and upset with their own strong views,i like to think i have no enemies here and hopefully friends because whatever happens ill still be looking on this forum all the way through this.

[Casa]

Spouse applications are no longer subject to the automatic ban on returning to the UK after the 1st October deadline.

[jjohnmichael4u]

Very well put andrew. i hope your getting on ok m8. shame some have abandond you because of differtent views and that they think we arent listening to there advice.
For what its worth i had a few ideas for you. i know money is a big issue for you. If its no poissible for a bank loan or anything. there are companys whom i despise that will give loans "provident" at excuberant intrest rates. I despise them because they tend to prey on folks on bennefits etc. it is possible u could get a loan thru them though.
myself i was able to book a return ticket for 380 pounds to san fransico. 1000 us dollars for visa = 500 pounds. so in total u need about 1000 quid to get things done. if accomidation is a question for your misses then pm me as i could maybe arrange s.thing for you.

One last thing though and thats u saying your misses is on the way to having your second child. If there is no re-entry ban pertaining to family members,spouses then i would wait until she has your child here in the u.k. as you dont want another immigration disaster in getting your child british citizenship. might even give you that lil extra time you need to come up with some more funds.

I am still waiting on clarification on re-entry ban from mp's office. so will let you know m8. oh and congrats on second child. cheers, jj

[Casa]

Definately no October 1st deadline for spouse applications. This was the case, but was amended in May.

[jjohnmichael4u]

That is a welcome relief casa. myself i just like to see some things written in gold. guess a mp's letter will satisfy my needs. so there u go andrew u have some time but i wouldnt push it with em. still pm though if accomidation might be a bother. thats some american hospitality for you. jj

[Andrewg33]

That is a relief that there is no Oct 1st deadline,takes a huge weight off our shoulders and importantly gives us more time,thanks for your support john along with Ladyk you have been a great help so far,still a long road to go yet and will be still on this board alot looking for more info,looks like you will be heading to the States before my wife so let me know how you get on and hope you have lots of luck mate,hope everything goes smoothly like i hope it does for us.

Andy

[Andrewg33]

Hi everyone

We sent off the forms today for child/working tax credits,hopefully we can get the ball rolling soon with this. I have a couple of questions,firstly i take it all government departments are linked and they will know of her unlawfull presence here now once they recieve the forms, (we had to put 'subject to immigration control' on the forms) will the HO be informed of this? And also what is the procedure if immigration officers come knocking on our door wanting to interview us,deportation straight away? Just a bit worried but we had to do this for the money to get her to apply back home and to get proper legal assistance.

Thanks

[Casa]

Andrew, I feel sure that the department responsible for Tax credits won't notify the HO. Yes, they are both government departments, but as we are always reading how overworked they all are, they hardly seem to have time to talk to each other within their own department, let alone find time to talk to another. Hope you're beginning to see the light at the end of the tunnel.