Expedite with Children who are USC

[JFH 12,191]

I'm still curious as to why you were using a B-2 to visit. If you're ineligible for the VWP this may indicate additional complications with your application.

[JPF 0]

51 minutes ago, Nitas_man said:

We know exactly how hard the waiting is.  

 

Small but critical difference - your consequences are related to waiting to file, not waiting for petition to be processed.  You had a lot more travel flexibility than most of us did.  Even one trip is more than we got, much less so many trips that they finally told you to stop coming until you file.

 

Your question was asked and answered.  Good luck!

 

You made need to further explain the difference between waiting to file and petition.

 

 

[JPF 0]

50 minutes ago, Nitas_man said:

We are generally here to help people but the flexibility that they had was all used up before they filed and now they’re stuck with waiting.  Reality can seem like a brick wall sometimes.

 

I guess in short you're saying because I could travel to the us under the esta program, and now it's l been withdrawn I don't have right to ask my question?

 

[JPF 0]

6 minutes ago, JFH said:

I'm still curious as to why you were using a B-2 to visit. If you're ineligible for the VWP this may indicate additional complications with your application.

My esta was withdrawn because I was denied a 6 months visa due to ties being too strong to the US. 

I believe this is what caused the problem, because I didn't know that if you are ever declined a visa your esta is revoked. Wish I didn't apply! 

 

[NikLR 13,232]

11 minutes ago, JPF said:

You made need to further explain the difference between waiting to file and petition.

 

 

You guys didnt marry sooner nor file sooner. Your choice not to marry before children or to get married sooner than now is what has caused your family separation to be longer than it could have been otherwise.  You have an almost 3 year old...

So while children do not necessitate marriage,I never will say having a child means you should get married, immigration does. When you live in two different countries, if you plan on having a future together, aka more than one child, you need to think about how to have that future. It's been a bit of rather poor planning on both of you to this point.  None of the available expedites actually apply in your case, I'm sorry. 

 

Edited June 19, 2019 by NikLR
Small phone keyboards suck

[JFH 12,191]

1 minute ago, JPF said:

My esta was withdrawn because I was denied a 6 months visa due to ties being too strong to the US. 

I believe this is what caused the problem, because I didn't know that if you are ever declined a visa your esta is revoked. Wish I didn't apply! 

 

Ah! Should have asked here first and then you would never have gone through that. That's a shame.

 

But, in all honesty, you applied for the B-2 to be able to visit for longer than 90 days at a time. That's being 'greedy' (per immigration - they don't see how anyone of working age could possibly need to spend longer than 90 days on holiday). And it would suggest that your ties were not that strong if you can leave for more than 90 days and not suffer any consequences. Do you work? If so, that's a lot of time off!

 

I visited my husband over 40 times before I emigrated. Shortest visit was 3 days. Longest was 2.5 weeks (and there was only one visit longer than 10 days). Little and often is the way to go with these things.

[JPF 0]

13 hours ago, debbiedoo said:

slim to none.

 

medical care is available in the UK and your son can start school there and then move and transfer (or you can wait until school is out for the year)

Bummer! Thanks nonetheless 

[JPF 0]

1 minute ago, JFH said:

Ah! Should have asked here first and then you would never have gone through that. That's a shame.

 

But, in all honesty, you applied for the B-2 to be able to visit for longer than 90 days at a time. That's being 'greedy' (per immigration - they don't see how anyone of working age could possibly need to spend longer than 90 days on holiday). And it would suggest that your ties were not that strong if you can leave for more than 90 days and not suffer any consequences. Do you work? If so, that's a lot of time off!

 

I visited my husband over 40 times before I emigrated. Shortest visit was 3 days. Longest was 2.5 weeks (and there was only one visit longer than 10 days). Little and often is the way to go with these things.

Yeah I work and was mat leave for 9 months. Agree, so wish I had checked here first 

 

[JPF 0]

6 minutes ago, NikLR said:

You guys didnt marry sooner nor file sooner. Your choice not to marry before children or to get married sooner than now is what has caused your family separation to be longer than it could have been otherwise.  You have an almost 3 year old...

So while children do not necessitate marriage,I never will say having a child means you should get married, immigration does. When you live in two different countries, if you plan on having a future together, aka more than one child, you need to think about how to have that future. It's been a bit of rather poor planning on both of you to this point.  None of the available expedites actually apply in your case, I'm sorry. 

 

First child came unexpectedly, and we delayed applying because of this wait as I wanted visit when baby arrived. 

 

It appears immigration law does not recognise cohabiting relationships, thus it marriage or nothing.

[NikLR 13,232]

Just now, JPF said:

First child came unexpectedly, and we delayed applying because of this wait as I wanted visit when baby arrived. 

 

It appears immigration law does not recognise cohabiting relationships, thus it marriage or nothing.

Yes thats how it works for the USA.  Canada accepts common-law but the USA does not.  

Like I said, I understand one child without a future plan, two, not so much unless you have physiological reasons why the plethora of birth control available doesnt work for you when doubled or tripled up. 

Your oldest is almost 3.  You've had time to plan.  It just sucks now that you have to spend about a year apart.  I get how hard it is and that its expensive for your husband to fly to see his children now.  It wil be hard on everyone. ☹

[SalishSea 18,236]

Isn’t DCF still an option in London?

[JFH 12,191]

4 minutes ago, JPF said:

First child came unexpectedly, and we delayed applying because of this wait as I wanted visit when baby arrived. 

 

It appears immigration law does not recognise cohabiting relationships, thus it marriage or nothing.

And that's the difference between the UK and the US - for the UK you can get a via as a 'partner' with no marriage required. The US is more 'traditional' and only accepts marriage (or an imminent marriage) as a means to immigrate to be with the one you love. A lot of research needs to be done before making the final decision. Is a spousal visa for him to live in the UK out of the question? It's much faster, by the way. It was our first choice but we were denied.

[SalishSea 18,236]

2 minutes ago, Jorgedig said:

Isn’t DCF still an option in London?

Never mind.  Somehow I thought the USC spouse was a UK resident.

[Mieka91 27]

Our case was expedited for medical issues on my end. I have also seen people expedited for less. And there is no harm in trying. A lot of people will discourage you from trying, but you might be surprised if you submit the proper evidence that you may get approved. Good luck.

Edited June 19, 2019 by Mieka91

[JPF 0]

12 minutes ago, Mieka91 said:

Our case was expedited for medical issues on my end. I have also seen people expedited for less. And there is no harm in trying. A lot of people will discourage you from trying, but you might be surprised if you submit the proper evidence that you may get approved. Good luck.

think I'll still try despite the discouragement and judgement, thank you

 

12 minutes ago, Mieka91 said:

Our case was expedited for medical issues on my end. I have also seen people expedited for less. And there is no harm in trying. A lot of people will discourage you from trying, but you might be surprised if you submit the proper evidence that you may get approved. Good luck.