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Topic: Did I apply for the right visa?  (Read 3440 times)

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Re: Did I apply for the right visa?
« Reply #45 on: October 30, 2010, 02:39:10 PM »
Oh I see, I must have misread that. Even still, they should have put important rules like that on the form. I read everything so carefully, I was so sure that was the right form. Even the part about "is this the right form for you" didn't say anything about any of this. It's just frustrating =(
The problem is that the visa you need is one that you cannot apply for from inside the UK - therefore none of the forms that you were looking at were the 'right' form because as a visitor, you were not allowed to apply for any of them (which unfortunately is not made clear in the interactive/online forms section on the website, however it is made clear in the section about partners and families where it states that you can only apply for FLR(M) if you are both over 21 and you were given permission to stay in the UK for more than 6 months). The 'Is this the right form for you?' question obviously doesn't take into account that the person reading it might be a visitor in the UK (because visitors shouldn't be applying for that visa in the first place).

Instead you actually needed to be looking at the visa guidance for applying from outside the UK (spousal visa, which you can only apply for online in the US), because that would have been the only visa you could have been eligible to apply for, had you been over 21: http://www.ukvisas.gov.uk/en/howtoapply/infs/settlementguide


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Re: Did I apply for the right visa?
« Reply #46 on: October 30, 2010, 02:57:49 PM »
If you request your passport back before they've made a decision UKBA will automatically withdraw your application. You can always get another copy of your daughters Long Form registration certificate from the Registry Office that you registerd her birth with.

Thanks for that, I didn't know I could get another copy of it. Guess we'll just have to get her a british passport, better than nothing!

Thanks for all the help from everyone, guess I'll be having a few months back in america till I'm 21 and do this all the right way.


Re: Did I apply for the right visa?
« Reply #47 on: October 30, 2010, 03:03:36 PM »
Thanks for that, I didn't know I could get another copy of it. Guess we'll just have to get her a british passport, better than nothing!

Actually your daughter is a US Citizen and can only enter the US on a US Passport, it's the law.


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I am an American citizen, but also have a foreign passport. Can I use my foreign passport to travel to the United States?  

No. Under U.S. law, U.S. citizens must be in possession of a valid U.S. passport to enter or leave the United States. This is true even if you hold a passport from another country. If your U.S. passport has been lost or stolen, or if it has expired, you must apply to replace it before traveling to the United States.


You will need to register her birth with the US Embassy, get her Consular Report of Birth Abroad and apply for her US Passport and Social Security Number before you attempt to take her to the US.



How to register her with the US Embassy: http://london.usembassy.gov/cons_new/acs/passports/robirth4.html


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Re: Did I apply for the right visa?
« Reply #48 on: October 30, 2010, 04:05:00 PM »
Actually your daughter is a US Citizen and can only enter the US on a US Passport, it's the law.


You will need to register her birth with the US Embassy, get her Consular Report of Birth Abroad and apply for her US Passport and Social Security Number before you attempt to take her to the US.



How to register her with the US Embassy: http://london.usembassy.gov/cons_new/acs/passports/robirth4.html

I know that I'm supposed to do that, but if they aren't going to give me my passport back I can't get her registered. My passport is one of the documents I need to get hers. Even if they did give it to me it would take too long to get her passport and I would have to be out of the country by then.
They can't deport her from the US without me once I'm there, and they can't deport me to a country I don't have a visa for.


Re: Did I apply for the right visa?
« Reply #49 on: October 30, 2010, 04:13:11 PM »
I know that I'm supposed to do that, but if they aren't going to give me my passport back I can't get her registered. My passport is one of the documents I need to get hers. Even if they did give it to me it would take too long to get her passport and I would have to be out of the country by then.
They can't deport her from the US without me once I'm there, and they can't deport me to a country I don't have a visa for.

They can refuse her entry though. If you're trying to get her into the US as a British Citizen you have to complete the ESTA registration pay the fee and then they'll say you need to get a US Passport for her because she is a US Citizen and not eligible to travel to the US as a British Citizen on the Visa Waiver Program.

Quote
Consular Affairs: Visa Waiver Program Wizard
If you were born in the U.S., or if either of your parents were U.S. citizens at the time of your birth, you may have a claim to U.S. citizenship. You should investigate this possibility further before proceeding.

All U.S. citizens must enter the United States on a U.S. passport, regardless of any other citizenship claims. Please review the information about citizenship at U.S. Citizenship. If you believe you may have a valid claim to U.S citizenship, please contact the U.S. Embassy at:

Passport & Citizenship Unit
U.S. Embassy
5 Upper Grosvenor Street
London, W1A 2LQ

If you need to investigate further your possible citizenship, you should not attempt to travel to the U.S. as a foreign national. Airlines will deny boarding to U.S. citizens not in possession of a U.S. passport.

If you do happen to get her in she can only stay for 90 days and it will take longer than that before you turn 21.

You NEED TO GET A SOLICITOR so they can sort all this out for you. They may be able to get you some sort of a temporary leave from the Home Office so you can sort out your daughters passport and return to the US. But all of this speculation is just that, and you NEED PROFESSIONAL HELP!
« Last Edit: October 30, 2010, 04:20:48 PM by WebyJ »


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Re: Did I apply for the right visa?
« Reply #50 on: October 30, 2010, 05:01:00 PM »
Quote
If you do happen to get her in she can only stay for 90 days and it will take longer than that before you turn 21.
If I am able to get her in then I would register her birth and get her passport from inside the US, then I'll have all my documents.

I know I need to get a solicitor and I am, it's only been two days since I've found out I need one and it's the weekend now so I won't hear back until Monday. You don't have to put it in caps like you're shouting! I appreciate the help, but you don't have to be rude about it.
And sorry if I sound mean now, but this is a really stressful situation I feel like my world has just came crashing down around me I'm trying to sort it all out.


Re: Did I apply for the right visa?
« Reply #51 on: October 30, 2010, 05:18:32 PM »
If I am able to get her in then I would register her birth and get her passport from inside the US, then I'll have all my documents.

I know I need to get a solicitor and I am, it's only been two days since I've found out I need one and it's the weekend now so I won't hear back until Monday. You don't have to put it in caps like you're shouting! I appreciate the help, but you don't have to be rude about it.
And sorry if I sound mean now, but this is a really stressful situation I feel like my world has just came crashing down around me I'm trying to sort it all out.

You're not being shouted at, you're being given free, valuable, immigration advice. You need to focus on everything being said, as you're being told things several times which is frustrating to people trying to help, appreciate that you're in a bad situation, but please try and remember that people are helping for free and some gratitude/appreciation are warranted.

As it stands, if your baby only has a UK passport and you are denied a visa then you must return to the USA and she may not be able to return to the US with you (as a US citizen she must travel on her US passport - reasons stated by Weby above.) I assume that being separated from your baby is worst case scenario for you.

As a result this is a very VERY complicated case (with your passport at the home office you're between a rock and a hard place) and there's limited things people can do here.

Go get legal advice on Monday, be sure and post updates and good luck :)


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Re: Did I apply for the right visa?
« Reply #52 on: October 30, 2010, 05:19:33 PM »
If I am able to get her in then I would register her birth and get her passport from inside the US, then I'll have all my documents.

I know I need to get a solicitor and I am, it's only been two days since I've found out I need one and it's the weekend now so I won't hear back until Monday. You don't have to put it in caps like you're shouting! I appreciate the help, but you don't have to be rude about it.
And sorry if I sound mean now, but this is a really stressful situation I feel like my world has just came crashing down around me I'm trying to sort it all out.

It's a stressful situation yes, but I imagine Weby placed her statement in caps so that you can understand the significance of the situation. You need to take this seriously, though I'm not saying that you're not, but you don't seem to be listening to the advice that they are giving you. They're telling you this for your and your child's benefit, not to hurt you. You didn't do the proper research or got the correct answers before all of this and now it is up to you as an adult, wife, and mother to sort it out. Mistakes happen to all of us, but it is up to you to sort it out and such mistakes with immigration can cost you dearly. Not saying this to scare you, but it's true.

My father was able to bring my brother in with just his birth certificate, however this was long before 9/11 and even then they got into a lot of trouble. They let them in, but that was up to the discretion of the officer. US immigration is not soft especially dealing with children from overseas. There have been cases where there was belief that the child was kidnapped due to traveling a non-US passport. They're telling you this so you can have the least amount of trouble as possible.

That said, we truly hope that this gets sorted out and we wish you the best. Good luck

x-posted with cheesebiscuit
« Last Edit: October 30, 2010, 05:21:40 PM by rynn_aka_rae »
09/29/09--Visa Approved!
10/05/09--Leave for the UK!!!
06/15/12--Back in the US indefinitely...


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Re: Did I apply for the right visa?
« Reply #53 on: October 30, 2010, 11:14:27 PM »
Can I add one note?  I hope it might help a tiny bit.  Yes it can take a very long time to get in to the embassy to get the US passport and such, but it isn't a given that it will (as long as you have got your passport back, which you would if you withdrew the application, but that's part of the decision process you need to be looking at here).

I was able to get my daughter's consular report, passport, etc in two weeks from beginning to end.  When I got on to make the appointment there was one for a few days from the date that I looked.  I booked it.  I had the passport in hand 1.5 weeks later.  Sometimes appointments get cancelled and you can get right in if you time it right.  I'm also wondering if there may be some way to push this for an emergency.  Of course, it will become even more complicated for the OP if she doesn't have her own US passport because it has been withheld following a visa refusal.

Also, people aren't trying to yell at you.  We're worried for you because you've taken some very bad advice, so we're trying to help you find a way to sort it.  The reason it was phrased strongly was because you have come back saying you understand, but that you are going to try doing it a different way.  It makes it sound as if, for instance, you aren't understanding that there is a risk that you could come back to the States with your baby, and without a US passport, she would not be allowed to enter the United States with you--then your life would feel an awful lot more destroyed. 

I don't know that you would even make it that far.  Nowadays they often check your visa status at the ticket desk, and if your daughter doesn't have the right status to enter the US, she might not be able to board the plane, and you would have to leave the country to remain legal.  I would be beyond shocked if she got past the process with just a birth certificate because the US has really tightened up it's laws to protect parents from international kidnapping of their children, so there are strict rules about needing passports and needing to prove that both parents approved that passport.  I've heard stories of people managing to get a child in with a British passport, but I think they've usually been travelling with both parents, so it didn't look odd to have two immediate relatives with completely different passports.

I agree with the others that a good solicitor is going to be essential, especially if you chose to remain here and not withdraw your application--you will almost certainly fail without a good immigration solicitor, even in appeal.  I do suspect your application for a visa in the future (when you're old enough) will be worlds simpler if you withdraw and simply have the overstay and pay off your NHS bill.  I know it isn't always that simple with expenses, having to leave family and such, but we've seen a lot of people get visas who overstayed without an understanding of things as long as they were totally honest, came back as fully legal spouses under the right visa conditions, and made any reparations for mistakes they made like getting benefits, paying medical bills, etc.


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