am i stuck?

[doodlebugg 10]

thanks! Wow I never even considered the whole death before aos thing.

Good luck to the OP. I concur that if you can swing it bring him to the UK instead.

[rebeccajo 14]

NEVER NEVER NEVER delay filing for AOS. Get a loan, get a second job, collect aluminum cans, go into debt...but don't put off filing. At best, you would have had AP and had no problem returning. At worst, you would not have accumulated out of status days.

Not to interrupt but does that go for K-3's too? My husband came on a K-3 and only has his EAD (again we didn't do AOS fully due to finances). I thought that he could come and go for 2 years from the date of his visa without having to adjust status. WE're planning on doing the AOS in two months and he came here April '08.

What do you think would happen if the sponsor dies before AOS is filed? It does happen. It has happened to VJ members.

John makes a valid point.

But K3 is different from K1. K3 receives an I94 with an expiry 2 years from date of entry which means their legal status is preserved for a much longer period than K1. The visa itself is also multiple entry. As such they can travel outside the US and not require Advance Parole for re-admission.

To the OP -

I would seriously consider having my husband move to the UK.

That's a seriously good idea even in the short run because once he has status in the UK for 6months (check this number) you could apply directly through the consulate. However take the job market into account...if he has a steady job in the US he may not want to lose that.

He'll need a spousal visa to go over. He cannot apply directly over there.

It's not cheap (I think 800 sterling or a bit more?) but it's relatively fast.

[Allie and Nigel 2]

I remember reading about immigrating to the UK that it is fast and not that expensive or tedious as it is to come here. If it wasnt for me being a home owner and parent i'd be totally going to the UK, but my English fiance and family all think i'm nuts! lol. But if worse comes to worse i would drop everything for him 100% and go to him in England.

[Ed+Cindy 1]

A question for the original poster from the UK: When did you enter the US on the K-1 and when did you leave for the UK to be with your dad?

[backeast09 0]

A question for the original poster from the UK: When did you enter the US on the K-1 and when did you leave for the UK to be with your dad?

january 2008, married in 90 days, left usa 12th june arrived in uk 13th. in total month to month i was in the usa 18 months less one day.

i cant help but think how negative some of the replies are...

i know it is a stupid situation we have gotten ourselves into, but it is life! surely there is some compensation for that.

if my husband reads this, with how he is feeling at the moment, he will surely give up.

he is a home owner and has family there, kids in school and also a good job he has been in since forever...so there is no way he would give all that up to come here. even if it is the 'easier' option...nothing in this life or this situation is easy.

surely we are not 'that much stuck' even if theres a wait...a ban, surely i am not banned for 10 years!? that sucks.

please can someone, anyone who has possibly been through the same kind of thing as us, please can they give us the advise i need instead of just getting replies saying 'stuck' this doesnt help us. and this is something that kinda annoys me about these kind of forums, like we all dont have enough to deal with, such negativity added to our own stress isnt good.

please can someone point me to a guide or something...what to do after leaving the usa without advance parole or something, this is hard enough as it is and i cant help but think that when my husband reads some of the replies he will give up because most say its not possible...it must be...i just dont know how!!

help

[john_and_marlene 162]

surely we are not 'that much stuck' even if theres a wait...a ban, surely i am not banned for 10 years!? that sucks.

Staying as long as you did without applying for adjustment did trigger a 10 year ban. There is no nice way to say it. You can, however, overcome the ban with a waiver at the point that a new spousal visa is denied.

please can someone, anyone who has possibly been through the same kind of thing as us, please can they give us the advise i need instead of just getting replies saying 'stuck' this doesnt help us.

They cannot give you the advice you need, because you are wanting an answer that is not available. The replies are not what you want to hear, but they are the truth. Rather than seeking a remedy that does not exist, maybe you should put your energy into preparing a spousal petition and inadmissability waiver.

I wish I could say there was some form or appeal that you could submit to correct your situation, but there is none.

[john_and_marlene 162]

NEVER NEVER NEVER delay filing for AOS. Get a loan, get a second job, collect aluminum cans, go into debt...but don't put off filing. At best, you would have had AP and had no problem returning. At worst, you would not have accumulated out of status days.

Not to interrupt but does that go for K-3's too? My husband came on a K-3 and only has his EAD (again we didn't do AOS fully due to finances). I thought that he could come and go for 2 years from the date of his visa without having to adjust status. WE're planning on doing the AOS in two months and he came here April '08.

What do you think would happen if the sponsor dies before AOS is filed? It does happen. It has happened to VJ members.

John makes a valid point.

But K3 is different from K1. K3 receives an I94 with an expiry 2 years from date of entry which means their legal status is preserved for a much longer period than K1. The visa itself is also multiple entry. As such they can travel outside the US and not require Advance Parole for re-admission.

Yes, the K3 allows multiple entries for 2 years, but does not protect their ability to apply for adjustment if something happens to the sponsor. 2 years is a long time to create a life and ties within the U.S. It would truly be a shame to have to leave that behind and start over again after having to leave the US and return to your home country.

[Otto 83]

I think many of us feel your pain - one of those "but for the grace of god go us" kind of feelings. I [also] can't agree with posters suggesting you suddenly switch gears and have him pick up roots and move to the UK - for many, that's simply not an option - or at least certainly not the path of least resistance. If it were me/us in your shoes - I would definitely not respond (well) to being reminded about what you should have done versus what you ended up doing - it doesn't help.

That said - I might suggest the following (just thinking out loud):

• Enlist the help of your local Senator(s) - check their web sites for contact information and most will have 'release of information' forms to sign. It may just be possible for them to pull some strings to get you back over here. Stranger things have happened. Certainly wouldn't hurt.

[D&R 0]

So, a lesson for us all right here... make sure you have all the money saved up for every step of the way before even beginning your Visa application.

I really get confused why people say they get to the US (or wherever) and then say they don't have enough money for the AOS. Surely you KNOW it's coming and KNOW what it costs. Moving country is a massive step to take and I'll be making sure I have more than enough money before I even start the process. I'm sure there's lots of other costs that I wouldn't have planned for so having more than I need could only be a good thing.

This isn't meant just against the OP, it's a note of warning to everyone who's thinking about starting off down the road to moving.... PLAN AHEAD!!

[Old Dominion 26]

Perhaps you could enlist the services of an immigration attorney. Yes, it will cost money. Yes, the attorney may conclude that there is nothing to be done except starting all over again, more or less. Yes, your husband can contact his state's senator's office to get help, but no politician can override the laws and regulations.

[Cuchita 1]

Yes D&R you are right is sad but true, and I must addd that people also need to realize that many infortunate events might happen and that they have to be strong and don't look back, getting out of the USA in a hurry can put your future at risk and you might regret it for the rest of your life.

Take care all and may God enlighten your decisions.

[rebeccajo 14]

I think many of us feel your pain - one of those "but for the grace of god go us" kind of feelings. I [also] can't agree with posters suggesting you suddenly switch gears and have him pick up roots and move to the UK - for many, that's simply not an option - or at least certainly not the path of least resistance. If it were me/us in your shoes - I would definitely not respond (well) to being reminded about what you should have done versus what you ended up doing - it doesn't help.

That said - I might suggest the following (just thinking out loud):

• Enlist the help of your local Senator(s) - check their web sites for contact information and most will have 'release of information' forms to sign. It may just be possible for them to pull some strings to get you back over here. Stranger things have happened. Certainly wouldn't hurt.

Not possible. She has the bar.

It is one thing to offer support. It is another to encourage a poster down a path that is not there.

[Otto 83]

..

Edited July 2, 2009 by Otto und Karin

[Bobby+Umit 161]

I think many of us feel your pain - one of those "but for the grace of god go us" kind of feelings. I [also] can't agree with posters suggesting you suddenly switch gears and have him pick up roots and move to the UK - for many, that's simply not an option - or at least certainly not the path of least resistance. If it were me/us in your shoes - I would definitely not respond (well) to being reminded about what you should have done versus what you ended up doing - it doesn't help.

That said - I might suggest the following (just thinking out loud):

• Enlist the help of your local Senator(s) - check their web sites for contact information and most will have 'release of information' forms to sign. It may just be possible for them to pull some strings to get you back over here. Stranger things have happened. Certainly wouldn't hurt.

Not possible. She has the bar.

It is one thing to offer support. It is another to encourage a poster down a path that is not there.

Concur.

The rules are in place. The law is the law. Doubtful they would even try. If it was an USCIS caused issue, perhaps, but the OP did this to herself.

She left prior to getting the AOS/AP. No chance of return without another type of visa. Since she stayed well past 1 year, she incurs the 10 year ban.

Both of these things will need to be resolved prior to her returning to the US.

(you may even be able to get a "hardship" waiver - but you will not know till you try)

Even if she applied for the AOS/AP after 18 months, and left with the AP, she would still incur the ban (the overstay from her initial entry) upon re-entry.

I don't really see any "negative" replies, as John pointed out, people are telling you the truth of the matter, and unfortunately, it's not what you want to hear. However, with this type of posts, you can help others down the road that put off "AOS" - to avoid exactly the same type of problem(s).

I would suggest you and your husband talk what you want to do. Then do it.

Edited July 2, 2009 by Bobby_Umit

[rebeccajo 14]

..

Sorry, Otto, if you don't like it.

The OP is obviously in some real agony over her situation. I just think it's unfair to blow roses up her skirt. The sooner she has the information she needs to move forward, the sooner she's on her way to healing.