Advice desperately needed !

[*Snowdrop* 604]

And someone mentioned the third option which is you as a citizen of an EU member country you can take advantage of a loophole which allows you to move your family to the UK altogether without the financial requirement but it does require you to live and work in one of the EU countries for a while - so you would need to find work and base yourself in another country for 6-12 months.

Here's a guide which breaks down what you need to do country-by-country if you go that route

http://www.scribd.com/doc/239558037/Surinder-Singh-country-specific-guide

[TBoneTX 45,551]

Two unhelpful posts have been removed. Answer the OP's questions without lecturing.

TBoneTX

VJ Moderation

[Done--Really 331]

Yes, I understand the filing -- the question is whether the EAD would likely be issued BEFORE the I-864 is adjudicated. If the odds are that the EAD would be received even one month before, that is time to get a job, assuming she has been interviewing beforehand.

This family needs help, and anything we can do to help should be looked at as an option.

[ValerieA 350]

Yes, I understand the filing -- the question is whether the EAD would likely be issued BEFORE the I-864 is adjudicated. If the odds are that the EAD would be received even one month before, that is time to get a job, assuming she has been interviewing beforehand.

This family needs help, and anything we can do to help should be looked at as an option.

But the I-864 has been submitted. Now, is it possible to re-submit an I-864 at the interview? I haven't heard of anyone doing it, doesn't mean it can't be done - but without some kind of assurance that you can do that, I wouldn't want to advise someone to risk it who has so much to lose. If they won't accept a re-submission she gets a letter telling her to get out of the country in X number of days.

OP entered on the VWP. No appeals if denied.

Edited April 7, 2015 by ValerieA

[Done--Really 331]

It seems to me that the possibility of an RFE asking for either additional income or a co sponsor is the most likely case, and in effect, the I-864 is "updated" at that time anyway -- either with additional financial information or a joint sponsor, or whatever.

Really just trying to see what options might be available in addition to just returning to the UK, hiding in the weeds here, or trying to get the AOS process underway with the "traditional" approach. While everyone else is trying to speed things up, wouldn't it be nice if the OP could get her EAD, and slow things down so that she has a chance to find work so her income would be counted on the eventual I-864.

[belinda63 3,039]

Her income won't be counted. They might sneak by and have the EAD approved without the I-864 being looked at but usually the I-864 is viewed prior to EAD/AP being issued. An RFE would be issued for insufficient income and everything (including the EAD) placed on hold until they meet the income requirements.

Be a shame for them to waste about $2,000 filing for AOS to have it denied for financial reasons.

[Done--Really 331]

That's the question we have been dancing around -- are we 100% certain that the EAD would be denied out of hand, or would it be issued before the rest of the case is adjudicated -- and IF she had the EAD AND had a job, it would be counted if she could show that it would continue from the same source after AOS -- at least that is what the I-864 instructions say.

And of course e don't want them to file if there is no chance that they meet the income test and/or co sponsor test.

[NigeriaorBust 4,087]

Also they need to take care of the kids. Still no reply on their ages now/at the time of marriage.

[yuna628 9,682]

The Surinder Singh option is something I would use here as a measure of last resort.The UK is not pleased by any means that this option exists and has been trying many things to make that route more difficult, even though it is legally supported and can be certainly successful. Even still this would involve complex procedure and separation from her spouse.

The big issue here is her husband's ability to meet the threshold for financial support (a burden that certainly increases since kids are there too). It's either he has to find a source of larger stable employment somewhere, or they have to find a co-sponsour. Even if she could somehow apply under DACA (when injunction might be lifted) I would assume financials would have to be proven.

It's a bit of a pickle, as I certainly would not leave until her status here is sorted out.

[britlady70 1]

Yes I have the OK of course. And my oldest is 17, youngest 10.

[britlady70 1]

Thank you everyone for your help here. I have not had chance today to read or repy to all the posts. I have to go back out again now, but I will be checking back ASAP to read them all. Thanks again! :-)

[Boiler 45,693]

Yes I have the OK of course. And my oldest is 17, youngest 10.

So you had the Fathers OK or a Court OK?

[britlady70 1]

I have it covered thanks Boiler. No issues there.

[Jawaree 718]

Chest big up...feel good....brownie points

hiss-teeth

Edited April 16, 2015 by Jawaree