am i stuck?

[backeast09 0]

i am a UK citizen married to a US citizen, i returned home not so long ago because we were having difficulties and my dad is seriously ill in hospital, i don't think he has long.

i am in a bit of a panic, because with one thing and another, i have returned home and i don't know if i can go back because i just caught a plane and left, they took my I194 from my passport and nothing more was said.

now i think i am stuck.

i entered the US on a K1 visa, we married within 90 days, this was early last year, we didn't yet complete the adjustment of status because of money problems. but i was told that wasn't a big problem.

i got my SSN number within a few weeks of being married.

do we need to start the whole process again? from scratch...all that waiting...? my dad is ill and i for one am not coping with all this to well, being back home and being away from my husband.

now we are both going nuts thinking how the hell i am going to get back!

it all happened so quickly

can anyone help?

getting me there skint us both, bringing me back here broke our backs, and now, to go through all the costs again is probably going to destroy us, my husband is having a hard time dealing with the distance and i am going nuts being so far away and unable to help him. we couldnt afford the adjustment of status and now we cant afford to start the whole thing again...

i just want our lives back.

please can someone advise.

[Otto 83]

Since you left the US without AP and had yet to file AOS at all - you're stuck (sort of). The K-1 route is now closed to you - an expensive tourist visa.

Your next step would be to file for a spousal visa - K-3 or CR-1. CR-1 is your best option since you will not have to endure the cost and/or time it takes to Adjust Status here in the US once you arrive (K-3 would) so it is cheaper and arguably faster, in the long run.

Unfortunately these are your options.

[john_and_marlene 162]

How long after your I-94 expired did you leave? If over 180 days, you also incurred a 3 year ban and will need a waiver for that ban before obtaining a new visa.

[baron555 934]

Ditto to both posters above.

[Ladylethal 12]

Yep, the above posters are correct. You'll first need to check if you have the 3 year ban and file for the waiver, and next you'd have to go down the K3 or CR-1 route now, since your K1 is no longer valid/usable. You can't adjust status now or return to the US as is.

Your option would have been to get an Advance Parole before leaving, which is an authorization to exit the US before the AOS is completed.

[backeast09 0]

thanks for this,

but how do i go about the waiver?

who do we need to contact, pn both sides of the pond?

will i have to do the medical and interview again

and any ideas on cost of all this?

[milimelo 4,486]

Check under the cost for CR-1 process - $355 for petition, $380-400 for visa, $70 for I-864 processing, medical in England, documents from you (brith certificate, police certificate) ...

Not sure how much the waiver costs.

[Allie and Nigel 2]

May be cheaper for you to immigrate HIM to England instead. Check on that maybe.

Edited July 1, 2009 by Allie and Nigel

[Chica Yeyé 41]

thanks for this,

but how do i go about the waiver?

who do we need to contact, pn both sides of the pond?

will i have to do the medical and interview again

and any ideas on cost of all this?

you will have to do the entire process again. This includes of course medical, interview, background check, police records, affidavit of support, etc.

I believe the waiver is presented at the interview; but I am not sure. check the waivers forum.

[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.

[doodlebugg 10]

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.

[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.

[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.

[M.O 6]

unfortunately "stuck"

[Usui Takumi 1,562]

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.