Help & support required

[MCJK 0]

Hello,

I've read this forum many times over the year but have never got up the courage to submit my AOS. I've been living in the US since 2008. I entered on a visa waiver from the UK. I'm now married (to a US citizen) and have 2 children. There are a couple of "problems" with my application that I'd like to get straight before starting the process. They seem like a big deal to me, but hopefully are not. I was terrified of getting married before we did it, but felt much better once I did. I'm hoping this will be the same. My dad, back in the UK, has cancer and I need to be able to leave the US to visit him, and then return to live with my children & wife.

Problem #1

I have lost the date of my exact arrival. I know it was 18th-24th May 2008, but I can't be specific. My passport was accidentally washed soon after I arrived destroying the stamped evidence of my exact arrival. (This was before electronic stamping, so there is no record without submitting a FOI application which I don't fully understand either)

Problem #2

The "have you ever been arrested?" question on the application. Well, yes I have, (public order offence in the UK - basically swearing in public). Now I don't think that would be a problem in and of itself, but I'm terrified I may have been asked this question during my arrival (I got the 10 minute interview rather than waved right through because I had visited so many time in the previous 2-3 years) and said no. I have a vague recollection of being asked during a previous visit and replying "yes" but I don't recall if it was the specific visit in question. Is that information recorded? I know that lying to an immigration officer is automatic denial for entry/AOS etc. I want to answer "yes" on the application, but worry that there is some record somewhere of me saying "no". In reverse if I say no (I'm almost certain the UK records are no longer kept for such a minor offence over 10 years ago) I don't think they'd even check but if they did and I've said "yes" to an immigration officer in the past then I'm also in trouble.

Problem #3

I don't have an income. A small amount of savings back in the UK. We fully own our own house (should meet the threshold for assets) and my wife has her own business (which I help with - is that even legal? - I don't collect a wage) but that's how we survive. Is that a problem?

Problem #4

My dad. There's obviously a time limit here. I need to make this happen as fast as possible, but would rather fill out the forms myself than hire a lawyer. They seem expensive and possibly pointless?

Those are my 4 big problems. I'm sure I'll come up with more as I move through the process, but basically I'm looking for some reassurance that I should just go ahead with this and stop being so terrified. My wife would be willing to move if it all goes wrong, but that's still a nightmare scenario.

Thanks for your help!

M & CJK

[Penguin_ie 5,993]

1- There is a small chance the airline may have records, or if you have the same email still, email confirmation of flights?

2. If the arrest was only for swearing, that I do not think is asked on the VWP; you were not convicted of anything.

3. Your income, or lack thereof, is irrelevant. What matters is that the petitioner/ sponsor/ your wife makes enough money. It is line 22 of her self-employed tax return that will count here. As a VWP, you working is illegal, but since you do not get a salary, I do not think it is something you need to dwell on.

4. Agreed, and lawyers can actually slow things down as they get info from you and take their time filling in forms. Be sure to apply for the free EAD and AP (work and travel permit) with your AOS. You can technically leave after you get your travel permit, which takes about 3 months, but it is often recommended those who overstayed don;t do this, in case you get denied, and wait until you get the greencard approved. As this can take close to a year, you may need to take your chances.

[Nich-Nick 3,354]

Your criminal history is part of the initial evidence and everything they consider reportable is detailed in the I-485 instructions page 3. https://www.uscis.gov/sites/default/files/files/form/i-485instr.pdf

Your record most likely still exists in the UK, even if it has been hidden. UK police certificates say "no trace" when there is no criminal history. They will say "no live trace" when there is a hidden or stepped down conviction or even a caution. The US wants to see everything so you would also need to order a Subject Access Report which would reveal all. Order https://www.acro.police.uk/police_certificates.aspx

Leaving the country soon is a big problem. Being married to a US citizen does not allow you to freely come back unless you have a greencard or at least Advanced Parole. That will not come quickly because it is going to take you some time to prepare you AOS and AP applications before your three month wait on AP begins. You need the police certificate and Subject Access Report from the UK. The SAR can take 8 weeks or so.

You may have to make a hard decision whether living in the US with your wife and children is important enough for all four of you that you forego visiting your Dad immediately. The financial requirements for you to take your family to the UK have gotten harder. You would have to obtain work and meet the minimum salary for six months before they could come or have a large amount of cash. Look it up.

I don't know your Dad's diagnosis but the C word can petrify you upon diagnosis and cause knee-jerk reactions. But not everybody dies and even if they do, it isn't always next week or even next year.. You might have to make the decision to get on with the AOS, and God-willing your Dad will still be around when you come out on the other side a lawful permanent resident of the US. In the meantime, keep up the dialog with your Dad and I don't mean sweet "get well soon" messages. Don't ignore the elephant in the room. Ask for his forgiveness for getting yourself in such a mess and assure him you are doing everything to make it right for the sake of your wonderful family's future and so you can come to his side. Tell him all the reasons you love him and what he means to you. I have experienced such conversations and they are powerful and meaningful. I will get off the emotional soap box now, but it is something I have lived and feel strongly about.

[Unlockable 7,314]

I agree that the issues with the passport and being arrested are fairly easy to overcome. It is the time crunch to leave to visit your father that may be your biggest hurdle. It may be several months before you have documents in hand for you to travel.

Hope it works out for you.

[MCJK 0]

Thank you for the replies. I'll address all of the points raised together...

I've checked with the airline and my old email was closed by hotmail (and subsequently re-opened, but without the data). There's nothing that can pin it down. I'm pretty sure I have it right to within a 2-3 day window - but even then it would be very hard to be 100% accurate on since I arrived very close to midnight and would find it hard to say which side of the line I fell on - this makes me think its not super important to get this right. Do I need to do a FOI or should I just enter the date range, or my best guess?

Subject Access report. Requires "Valid proofs of address include bank statements, utility bills or phone bills." - I don't have these. Everything is in my wife's name. I live in the shadows. "Copies of passport..." - Don't have this either. My passport has expired while I have been here. In fact the requirement only states that the upload must show the expiry date - not that it must be in date. Should I use my current out of date passport or further delay by applying for a new one?

In regards to the arrest - I accepted a caution (so I could get out and to work only a couple of hours late). Cautions are supposed to be removed from the public record after 10 years.

My dad is as tough as nails. He was the fittest 60 year old either of us knew prior to diagnosis. Now that doesn't make him immune but I don't think he's going to drop dead in the next 3-6 months. After that all bets are off I suppose. He fully supports me getting this sorted first. He thinks where I live is amazing (Seattle area) and would much rather know his grandchildren were being raised here than the UK. He's planning a visit here once he has a break in the chemo.(September is when his first course ends I think and they make a decision on whether to start cutting out).

Thanks again for all the help. I really appreciate it. I'll start filling the forms out again this weekend and I'm sure I'll find some other questions that need clarifying.

M

[EM_Vandaveer 2,408]

I do see a problem with proving legal entry if your passport got wet and the stamp got erased and it was before electronic I-94s.

[Nich-Nick 3,354]

Thank you for the replies. I'll address all of the points raised together...

Subject Access report. Requires "Valid proofs of address include bank statements, utility bills or phone bills." - I don't have these. Everything is in my wife's name. I live in the shadows. "Copies of passport..." - Don't have this either. My passport has expired while I have been here. In fact the requirement only states that the upload must show the expiry date - not that it must be in date. Should I use my current out of date passport or further delay by applying for a new one?

Maybe do the print and mail application so you can explain your unique situation. Use old passport. Maybe get wife and somebody else to write an affidavit stating you are who you say and confirm where you live. It doesn't fit the norm, but think outside the box.

In regards to the arrest - I accepted a caution (so I could get out and to work only a couple of hours late). Cautions are supposed to be removed from the public record after 10 years.

It's removed from PUBLIC record like if you applied for a job or had a background check for something. But there is a record only you can authorize to get a copy of. The US wants to see it.

My dad is as tough as nails. He was the fittest 60 year old either of us knew prior to diagnosis. Now that doesn't make him immune but I don't think he's going to drop dead in the next 3-6 months. After that all bets are off I suppose. He fully supports me getting this sorted first. He thinks where I live is amazing (Seattle area) and would much rather know his grandchildren were being raised here than the UK. He's planning a visit here once he has a break in the chemo.(September is when his first course ends I think and they make a decision on whether to start cutting #### out).

That sounds encouraging. My husband was 53, ate right, lived right, worked out every day, muscular, had all the proper check ups and tests regularly ...and BAM!...stage 4 terminal cancer. Devastating and a long process. I wish your Dad wonderful progress, knowledgeable doctors, and healing. He sounds like a great man who wants you to have a great life.

[Dirty harry 25]

Hello,

I've read this forum many times over the year but have never got up the courage to submit my AOS. I've been living in the US since 2008. I entered on a visa waiver from the UK. I'm now married (to a US citizen) and have 2 children. There are a couple of "problems" with my application that I'd like to get straight before starting the process. They seem like a big deal to me, but hopefully are not. I was terrified of getting married before we did it, but felt much better once I did. I'm hoping this will be the same. My dad, back in the UK, has cancer and I need to be able to leave the US to visit him, and then return to live with my children & wife.

Problem #1

I have lost the date of my exact arrival. I know it was 18th-24th May 2008, but I can't be specific. My passport was accidentally washed soon after I arrived destroying the stamped evidence of my exact arrival. (This was before electronic stamping, so there is no record without submitting a FOI application which I don't fully understand either)

Problem #2

The "have you ever been arrested?" question on the application. Well, yes I have, (public order offence in the UK - basically swearing in public). Now I don't think that would be a problem in and of itself, but I'm terrified I may have been asked this question during my arrival (I got the 10 minute interview rather than waved right through because I had visited so many time in the previous 2-3 years) and said no. I have a vague recollection of being asked during a previous visit and replying "yes" but I don't recall if it was the specific visit in question. Is that information recorded? I know that lying to an immigration officer is automatic denial for entry/AOS etc. I want to answer "yes" on the application, but worry that there is some record somewhere of me saying "no". In reverse if I say no (I'm almost certain the UK records are no longer kept for such a minor offence over 10 years ago) I don't think they'd even check but if they did and I've said "yes" to an immigration officer in the past then I'm also in trouble.

Problem #3

I don't have an income. A small amount of savings back in the UK. We fully own our own house (should meet the threshold for assets) and my wife has her own business (which I help with - is that even legal? - I don't collect a wage) but that's how we survive. Is that a problem?

Problem #4

My dad. There's obviously a time limit here. I need to make this happen as fast as possible, but would rather fill out the forms myself than hire a lawyer. They seem expensive and possibly pointless?

Those are my 4 big problems. I'm sure I'll come up with more as I move through the process, but basically I'm looking for some reassurance that I should just go ahead with this and stop being so terrified. My wife would be willing to move if it all goes wrong, but that's still a nightmare scenario.

Thanks for your help!

M & CJK

Hi MCJK, I can tell your sort of spinning, I would be to. ITS GOING TO BE OK. I'm sure of it man. Take a deep breath and think about some things here, the people who will be looking at your case are regular people who have compassion like the rest of us, and There are tons of unique cases they see regularly.They wont be "against " you. They see tons of people abusing the system regularly. You have built a wonderful life here with kids and a wife and I'm sure they will see that. Your marriage definitely is real and that's the biggest thing you have going for you. Honestly so much is forgiven when your married to a USC, like overstays etc. Get the info on your citation and when you request it maybe let them know its urgent and your dad has cancer, maybe even submit a letter to them from your dads Dr. if you have a relative that can show up to where they give out the police clearances to explain the situation with a Dr letter I would even try that. if you have to be there in person, have your dad go, with you on skype Just try anything to get that, people generally are understanding of circumstances like this. Start to think outside the box,its hard when your freaking out and have a daunting application process and when your dads sick, but look at this like they are individual problems that can be solved 1 by 1.

Immigration might already know when you arrived, explain in a letter to them when you apply that your passport was damaged so your unsure the exact date but you know the ranges. people lose stuff all the time, that's probably partly why they went electronic, .How did you pay for your ticket? Do you have a receipt?

with the pseudo arrest I would also submit a letter (you have to submit a letter for any of those questions you answer yes to on the I-485 any way) and explain that you were " detained" for swearing and your not sure if it counts as an arrest.(because it really isn't clear) If your honest and upfront immigration really wont blink at this either, as long as you have the clearance.

finally, after submitting your aos, I would wait until they receive it then I would apply for an emergency AP with a Dr's note for your dads issue.

Your not going to have to move, your a model citizen, no issues while in the U.S and you have kids. What person in their right mind would deny your app if you fill it out correctly?

Harry

Edited July 24, 2016 by Dirty harry

[matmertin2016 4]

Thank you for the replies. I'll address all of the points raised together...

I've checked with the airline and my old email was closed by hotmail (and subsequently re-opened, but without the data). There's nothing that can pin it down. I'm pretty sure I have it right to within a 2-3 day window - but even then it would be very hard to be 100% accurate on since I arrived very close to midnight and would find it hard to say which side of the line I fell on - this makes me think its not super important to get this right. Do I need to do a FOI or should I just enter the date range, or my best guess?

Subject Access report. Requires "Valid proofs of address include bank statements, utility bills or phone bills." - I don't have these. Everything is in my wife's name. I live in the shadows. "Copies of passport..." - Don't have this either. My passport has expired while I have been here. In fact the requirement only states that the upload must show the expiry date - not that it must be in date. Should I use my current out of date passport or further delay by applying for a new one?

In regards to the arrest - I accepted a caution (so I could get out and to work only a couple of hours late). Cautions are supposed to be removed from the public record after 10 years.

My dad is as tough as nails. He was the fittest 60 year old either of us knew prior to diagnosis. Now that doesn't make him immune but I don't think he's going to drop dead in the next 3-6 months. After that all bets are off I suppose. He fully supports me getting this sorted first. He thinks where I live is amazing (Seattle area) and would much rather know his grandchildren were being raised here than the UK. He's planning a visit here once he has a break in the chemo.(September is when his first course ends I think and they make a decision on whether to start cutting #### out).

Thanks again for all the help. I really appreciate it. I'll start filling the forms out again this weekend and I'm sure I'll find some other questions that need clarifying.

M

You can not apply with an expired passport, they only work with documents that are not expired.

That will guarantee generate an RFE, but since you are starting the application with an expired passport it might be rejection on submittal.

[EM_Vandaveer 2,408]

You can not apply with an expired passport, they only work with documents that are not expired.

That will guarantee generate an RFE, but since you are starting the application with an expired passport it might be rejection on submittal.

This is incorrect. The problem is not that the passport expired, the problem is that it got wet and the entry stamp was erased.

[Ontarkie 14,175]

~~Post removed for personal attack and one quoting.~~