Desperate for Help w/ Husband's Immigration

[sillysqrrl]

Ok this is a long and desperate plea for help. My husband is Australian I am a USC. We were living in the UK and were married over there. I came back here to find work, he followed a month later on a Visitor's Visa. We hired a lawyer who said we could apply for his immigration while he was here and we filled out paperwork, but then the lawyer screwed us and took our money and ran with it. My husband then decided since the lawyer didnt file paperwork he would go home for his brother's wedding and to visit.

Ok well our plan was for him to re-enter again on a visitor's visa and try to apply again through a new lawyer. Now everyone's red flags are going up saying "dont do that, dont do that, fraud, fraud, fraud!" Well what is the difference between us doing it before and doing it now? First of all we thought he could do that because I read on the BCIS website that spouses were allowed to adjust their status like that. I obviously misunderstood because it all so much red tape and confusing bs and nothing is cut and dry, but thats beside the point. We dont have a lot of money and we dont want to be seperated for a year so we just thought "lets do it the visitor visa way" thinking we may have to jump through some more hoops but that in the end we could prove our relationship beyond doubt and it would all be ok. We have been together for 6 years and I lived in Oz and the UK before coming back here...we can prove it, do you still think we would have problems. I mean I know that immigration would have every right to do something if they wanted to, but would they really be so cruel if we can prove why we did it all???

Another thing is that I am now pregnant and I cannot fathom being without my sweetie for my whole pregnancy while he is waiting in Australia for his paperwork to go through. It is soooo upsetting and stressful. We thought we could apply for the K3 and his time away would be shortened, but I read that you have to apply through the country where you were married...what kind of BS is that?????????? So ok, we were married in the UK, but neither of us is there anymore so now we are not eligible for this law that was supposed to help people in my situation. Why on earth would they make that a stipulation??!?!?!?

Any advice would be great and if anyone has been in a similar situation please please let me know what you did.

Thanks

 

[sourav2099]

Hi,
It is not a very good idea to apply for GC when you have entered USA using a visitors visa because it might reduce the chances of getting approved.But since you two are going to have a child soon it justifies your husband staying with you when you are living here.A kid also strengthens your case for a legitimate marriage and the need of your husband with you when you stay in USA.Consult a good and reputed lawyer like Rajiv Khanna if you can afford it else go with your instincts..Good Luck

 

[sillysqrrl]

Thanks for your reply. I find your wording funny but oh so sad and true "But since you two are going to have a child soon it justifies your husband staying with you when you are living here"

shouldnt the fact that he is my husband be good enough? How frustrating!! I am seriously wish things were not like this in this country...when i was in the UK i only had to fill out a piece of paper and send in my marriage cert without any money and was approved in about 3wks...

If we moved to Oz then I could go on a visitors visa then apply for a spouse visa legally. But nooooo, we had to want to stay here for a little while so now we are facing the fact that we might not see each other for a year....

Thanks for letting me vent