I dont know what to do..........

Hello everyone....I am completly at my wits end and dont know where to turn. I am finding that the official immigration sites are not very helpful and somewhat confusing. I am unable to afford legal help and was wondering if anybody here would be able to offer some help or advice to me. It would be gratefully recieved and appreciated. I am desperate.

My husband and i married in the States in November 2004. I live in London and he is in SC USA. I am currently in reciept of public funds, which means we are unable to apply for him to stay here. I would be able to change this by moving out of London (where the rent is MUCH cheaper) and getting a job that would allow be to cover the rent and support me and my son (just). My problem is that i cant do that on my own and need my husband here to help take care of my son while i work. (childcare is not really an option as my hours would be evenings and nights)

1: Would he be able to come here on a visitor/tourist visa, Help me move and get a job and then   when we met the "public funds" criteria make application for "Further leave to remain" using a FLR(M) on the grounds of marriage?

2: If this is not possibile would he be able to come on a visitor/tourist visa, help me get financially self sufficiant, and then we fly to NY to get the relevant spouse visa. (dont know the name...please help) Leaving us able to return to the UK straight away?

3: My husband has very little in the way of money and does not have a bank account, however my mother is prepared to financially support him until he is able to work (god love my mother) and my bank account will be "inflating  "
after i have come off of all public funds. How will this affect things?

My husband is living in an extermly intolerable situation at the moment (the curcumstances are truely tragic ) and once he left the States he would have nowhere to return to and nowhere to live, so it is critical that he is not told to return for a period of time.

My head is spinning with questions and worries, im so scared im going to get this wrong. I cant even begin to imagine life without my husband.

Thanks a lot for listening.....stay safe
Jules

Your husband needs to apply for a Spouse Visa through one of the British Consulates - most likely NY I would think for SC?  Anyway, he is eligible to work immediately on entering the UK on a Spouse Visa, so this would seem to be the easiest and quickest way.  I'm not sure there's too much of a monetary emphasis when it's a Spouse Visa, because the spouse will be able to look for work.

In contrast, with a Fiancee Visa, the fiancee cannot work until they are married and have Further Leave to Remain, so their "intended" pretty must has to prove they can support them.

Your being on benefits should in no way affect your husbands Spouse Visa application.  You have a right to those benefits.

Be aware, however, that once he's here and working, his income will be taken into account when assessing your eligibility for benefits, even though he himself isn't eligible for them.

He shouldn't come here as a visitor since he is planning to make the UK his permanent home, he could run into a lot of difficulties if he does this and make the situation even worse. Peedal is right, he should just apply for the spouse visa and come on over.  You do need to show you have somewhere for you all to live and enough funds between you to support him until he gets work ... your mother's support would come in here. Good luck.

I second Britwife's comments - if he comes over on a Visitors visa and it comes out that he's married to a UK citizen, he could face some problems.  They'll want to know why he hasn't obtained a settlement visa first.

I agree with everybody above, but one missing bit of information possibly to make a difference:  how old is your son?

I agree with everybody above, but one missing bit of information possibly to make a difference:  how old is your son?

Thank you for your time, my son is 10 y/o...does this make a difference ?
Am i right in understanding that i dont need to get off benifits for him to get a spouse visa from NY (i know my entiltlement for benifits would change when he started working)
if so,  how long does it take to get this visa if he went in person and i met him there in NY? (meaning could we stay in a hotel for a week or two and him not have to return to SC?)

Stay safe
Jules

If money is tight, I wouldn't make the trip yourself.  He can go on his own as long as he has all the required paperwork.  And if he goes in person, he SHOULD be able to walk out of the Consulate with the visa in his passport and be able to join you immediately.

Jules,
All visa's are different of course.  But my wife got her UK Work Visa in New York over the course of two days.  I think it's the type of thing that can be accomplished quickly.
Stephan

Thank you for your time, my son is 10 y/o...does this make a difference ?

It means your accomodation hurdle is raised to at least two bedrooms.      It doesn't mean they will hold you to it, or even remember to check for that matter.  It's good for you to take note of it tho' in the event that the ECO is swotted up on the new accomodation rules.

Your husband needs to apply for a Spouse Visa through one of the British Consulates - most likely NY I would think for SC? 

You can find out which consulate to apply to by looking here:

http://www.britainusa.com/visas/other_show.asp?SarticleType=25&Other_ID=619

Thanks very much for all your help guys...i see we have a lot to learn about the immigration system. Thank goodness we found this site of we would have royally messed this up. So back to the starting blocks, hopefully the right ones this time.

Stay safe

jules