Hi,
I am a british citizen, but my husband is american. We met in 2006 inLas vegas whilst i was visiting relatives over there.
I overstayed my visa waver whilst over there, and ended up getting pregnant with our 1st child, We decided to have the baby in the UK,( We married in the US)
As i was already 7months pregnant, we didnt have time to apply for my husbands spousal visa, so the plan was for him to travel to the uk with me just untill we were settled and the baby was born, and he would return after the visitors visa expired.
However that wasn't the case. On arrival in the UK, my husband wad quizzed by immigration officers, and they realized he was married to me by finding our marriage certificate in his luggage!
After leaving us waiting for 7hours in the holding room, they agreed to give my husband temporary admission into the uk providing he returned 3 days later for a flight home to the states to apply properly.
My husband failed to return, which....yes, is wrong and against the law. But ask any man in that situation, your wife is about to give birth to your 1st child, and theres a high chance you would miss the birth of your child by returning.
So anyway, 1 year and 1 month passed. My husband was more or less an illegal immigrant, untill some jealous morons decided to call immigration and inform them of his whereabouts.
My husband was detained for 5 weeks, i managed to get a solicitor to save him from being deported.
2years and £7,000 later, my husband is still here with me. We have our 2nd son too.
We have attended court at the first tier tribunal, but we lost the hearing. Our judge thought i should go live in the USA with our 2 children.
I explained i was epileptic and my medical bills would be sky high over there, but we still lost the case.
We have appealed and are now waiting for a hearing date for the upper tribunal.
I have managed to get proof from the ESTA travel autorization website that i am NOT eligible to travel to the USA, due to me overstaying.
Do you think this proof/evidence is enough for us to win at the upper tribunal?
I just want my husband to be able tyo work here legally now, i am worried about them seperating our family.
Advise please :)
Answer by Uncle
I doubt very much anybody will condone your complete disregard for the law
Answer by going_for_baroque
Long, emotional story. I see a UK citizen who overstayed in the USA. I see a US citizen who overstayed in the UK.
Your ineligibility for an ESTA is irrelevant- you can apply as a spouse of a US citizen. Similarly, you can file for your husband to live with you in the UK. I don't think it's about anyone's ineligibility as a lawful resident, it's about two people both of whom violated each other's country's immigration laws.
The understandable rub is the separation involved in doing things right. You're facing a long separation, no matter where you live. I believe you should try for a waiver from deportation, citing family difficulties or another equally compelling humanitarian reason. But you really need some better help than you can find here in Y!A.
Best of luck!
Answer by Jan
Doubtful. He knowingly stayed illegally for over a year after failing to return when he promised he would. They were kind enough to allow him entry,then he spit in their face by ignoring what he was supposed to do.
Families get separated when people don't follow the rules.
What do you think? Answer below!
Orignal From: will we win this immigration hearing? :(?
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