bad situation

[squaw_1970 0]

Hi my name is Trace and I hope I can get some advice here... To cut a very long story short I married my US husband in 2009 in the US and returned back to Uk... I visited again at xmas and then in April came again with my young son... Whilst visiting i was informed that i had been made redundant and also the place that i was renting my landlord was not renewing my lease!!! In a panic we called the embassy to ask for advice we already had our i 130's and i wondered if there was anything else we could do as seemed crazy going back to UK with no home or job when i had a home here with my husband..The lady we spoke too said was fine and i could just adjust status. This was such a relief....we carried on doing up our home and my son was going to school just leading normal life..had the medicals and was saving to adjust status as of course only my husband was working and the lady said was no rush!! wrong!!!! in oct i went to new york by bus and the border ppl were at the bus stop they locked me up and were going to deport me then and there!!!!! eventually let me go but i have to leave by beginning jan !!! I have no home to go to in the uk and im scared..... my husband is trying to transfer with work but does he apply for work visa or can he come to uk cash in his 401k and apply for visa and look for work whilst we there or what?? my son is distraught about us all being parted and i really need some advice...I would have gone straight back if the embassy lady hadnt have said we would be ok and i have claimed nothing whilst here and did not intentionally do anything wrong..please help

[qwerty1974 11]

I'm not sure what an i130 is so I really don't know anything about this....but my heart goes out to you and your family, it sounds just awful. I'm sure there is some way around this though. Perhaps you could try visiting the embassy there or at least an immigration attorney just to get some advice of where to go from here. I truly hope to read that you've found some solution and that it all works out for you. If you took the lady's name, who gave you the incorrect advice, perhaps you could lodge a complaint and appeal on those grounds, did she mail you confirmation of your call or anything? Might give you some leverage.

Edited October 20, 2011 by MYRIAD

[Anh map 2,098]

Have you and your husband spoken with a qualified immigration attorney? If not, that should be your next step ASAP.

It's not the responsibility of the woman you spoke with. Pursuing that would be wasted effort.

This is something you want to try and resolve before leaving the US to avoid any possible ban on US entry.

[squaw_1970 0]

Hi yes we spoke to immigration attorneys who wanted $10,000 retainers and basically said if all else failed take this to the media.. we could not afford the attorney so showed up at the federal building and were told i had to leave by a certain date...and sign voluntary deportation.. I have to appear very soon showing our travel arrangements... i was told i could go back to the UK and start again!!!!! which seems stupid seein as i could just do it here than us go back and be homeless.. like i said we are claiming no government help etc.... to be fair my feelings is "sod going back if they are getting rid of me" and my husband is quite happy to leave the US but how do we do it so that we are seperated for the shortest length of time my son is in pieces and loves school and now doesnt even want to go... This is splitting our family up... can my husband leave his job get his 401k and come back to UK with me n apply there?? then find work?? or does he have to stay here and pray to god for a transfer to UK or Ireland as soon as one becomes avali ?? we have no mortgage on our home here so can rent it out but we cannot afford two seperate lives constantly..Although im annoyed at the woman who said was all ok..ur right thats gonna do no good trying to pursue that!! i even had letters stating what an asset i was to the community etc ice wouldnt even look at anything.... so stressed any advice as to how to do this with least disruption be great x

[Anh map 2,098]

Hi yes we spoke to immigration attorneys who wanted $10,000 retainers and basically said if all else failed take this to the media.. we could not afford the attorney so showed up at the federal building and were told i had to leave by a certain date...and sign voluntary deportation.. I have to appear very soon showing our travel arrangements... i was told i could go back to the UK and start again!!!!! which seems stupid seein as i could just do it here than us go back and be homeless.. like i said we are claiming no government help etc.... to be fair my feelings is "sod going back if they are getting rid of me" and my husband is quite happy to leave the US but how do we do it so that we are seperated for the shortest length of time my son is in pieces and loves school and now doesnt even want to go... This is splitting our family up... can my husband leave his job get his 401k and come back to UK with me n apply there?? then find work?? or does he have to stay here and pray to god for a transfer to UK or Ireland as soon as one becomes avali ?? we have no mortgage on our home here so can rent it out but we cannot afford two seperate lives constantly..Although im annoyed at the woman who said was all ok..ur right thats gonna do no good trying to pursue that!! i even had letters stating what an asset i was to the community etc ice wouldnt even look at anything.... so stressed any advice as to how to do this with least disruption be great x

There is nothing preventing your husband from accompanying you if you choose to move back to the UK. As far as cashing out the 401K there may be penalties. That is something that the plan admin can help him to learn.

Did you consult several attorneys? Seems like there ought to be some variance in fees, etc. From what you've stated this is fairly straight forward set of circumstances.

[squaw_1970 0]

There is nothing preventing your husband from accompanying you if you choose to move back to the UK. As far as cashing out the 401K there may be penalties. That is something that the plan admin can help him to learn.

Did you consult several attorneys? Seems like there ought to be some variance in fees, etc. From what you've stated this is fairly straight forward set of circumstances.

Thanks for the reply.... but if he comes with us can he enter on a usa tourist visa and change to apply for citizenship ? we dont want to end up in the same situation again?...yes we knew there would be a penalty with the 401k..i agree it seems pretty straight forward ..but to be fair it's all made me so ill these past few weeks im on medication and we have decided on a fresh start going back to th uk then moving to ireland just no idea how best to go abt it so as not to end up in a mess

[Darnell 8,479]

do you have an approved I-130? where is it? where was it filed TO ?

[squaw_1970 0]

do you have an approved I-130? where is it? where was it filed TO ?

Hi we did have them approved but yes but they have now been cancelled out..filed chicago i 130's approved aug 2010

[sachinky 465]

Cancelled? By whom? Why?

[sachinky 465]

Have you and your husband spoken with a qualified immigration attorney? If not, that should be your next step ASAP.

It's not the responsibility of the woman you spoke with. Pursuing that would be wasted effort.

This is something you want to try and resolve before leaving the US to avoid any possible ban on US entry.

This is why USCIS hot line is referred to the as the Misinformation Line.

[Krikit 1,165]

Hi Trace. Welcome to VJ. I am going to move your thread from the Introducing Our Members Forum over to the Effects of Major Changes Forum. You should get some valuable input over there, as well as being able to read about the same type situations. Good luck.

[squaw_1970 0]

thank you........ it was cancelled by the authorities as we did not adjust status quick enough apparently.... so stressed out

[Brother Hesekiel 2,236]

Trace,

are you sure your parents didn't forget a letter when naming you? My wife's name is Tracie, that's why I'm asking.

You made quite a few mistakes. Big ones.

You immigrated to a foreign country on a foreign continent before researching the subject.

You intended to immigrate without a visa.

You listened to "some woman" on the phone who most likely was a helper working out of India

You didn't seek qualified advice after coming here

You didn't file for AoS

Making a mistake is only human. We all make mistakes. But you hit it in a big way.

Generally speaking, a judge will not sign a deportation order for somebody who is eligible for AoS. You are eligible for AoS based on being the immediate relative of a U.S. citizen, and you also didn't get married in a hurry to prevent deportation. That's the good news.

The bad news is that if you entered with a VW and not a visa, USCIS would most likely deny your AoS petition and that would be the end of it as you would have signed away your right of due process (to appeal) when entering the country without a visa. At this point you also have accumulated some overstay starting in July, and as soon as this overstay becomes more than 180 days, you would trigger a 3-year bar when leaving the U.S. You must avoid that by all means!

Now tell us more about the detention only. What you did. What you signed. What's in your passport. That's the deciding facts now, meaning have you been ordered deported, have you seen a judge, have you applied for voluntary departure. Be specific.

Edited October 21, 2011 by Brother Hesekiel

[Brit Abroad 166]

Actually, that's wrong.

OP indicated that she was visiting on VWP (already in the US, presumably with a return ticket) when she was informed of redundancy and looming homelessness. She did not intend to immigrate at that entry. With the number of people now applying for AoS from VWP, it shouldn't have been a major problem UNLESS she got picked up by ICE - as happened in New York.

If money is a problem, try contacting lots of different lawyers and see if there are any that offer a no win/no fee situation and/or with scheduled repayments.

On the flip side, the UK also has immigration requirements for foreign spouses. Although there is paperwork and evidence involved, it's generally only two to three months waiting. You need to do some reading at UK Border Agency about the visa requirements and whether you can simply arrive. If you haven't been out of the UK for four months or longer, then you are still entitled to claim benefits, although you would need to be in residence before the arrival of your foreign spouse. After that, being homeless and without access to supporting income (ie being jobless, too) it may be more difficult.

Going home voluntarily, getting a job in advance of filing would definitely be a step in the right direction if you think you're going to be deported anyway.

Horrible situation to be in, my sympathies to you all and best of luck.

[Rebecca Jo 1,962]

Actually, that's wrong.

OP indicated that she was visiting on VWP (already in the US, presumably with a return ticket) when she was informed of redundancy and looming homelessness. She did not intend to immigrate at that entry. With the number of people now applying for AoS from VWP, it shouldn't have been a major problem UNLESS she got picked up by ICE - as happened in New York.

If money is a problem, try contacting lots of different lawyers and see if there are any that offer a no win/no fee situation and/or with scheduled repayments.

On the flip side, the UK also has immigration requirements for foreign spouses. Although there is paperwork and evidence involved, it's generally only two to three months waiting. You need to do some reading at UK Border Agency about the visa requirements and whether you can simply arrive. If you haven't been out of the UK for four months or longer, then you are still entitled to claim benefits, although you would need to be in residence before the arrival of your foreign spouse. After that, being homeless and without access to supporting income (ie being jobless, too) it may be more difficult.

Going home voluntarily, getting a job in advance of filing would definitely be a step in the right direction if you think you're going to be deported anyway.

Horrible situation to be in, my sympathies to you all and best of luck.

Nice post.