In some need of advise! ANY advise will help!!

He said that the courts would see there is no reason to split a family up that involves a small child and two parents who work full time and are not on any benefits.

Yeah, 'cos they never do that 

Good luck.


Vicky

I agree.  Jenny, you may be vulnerable.  It's not too early to begin thinking about a strategy that takes advantage of the concession to cover the situation where your app plods into late summer.

Not that you would have to use it, but to at least have a general idea of what you would do if it didn't get cleared up by about the end of July or so...

He also said that I should make an appointment to see my MP which I know some of you suggested. Her name is Vera Bird. Does anyone know about her? Will I need to write to her or is there a way I can make an appointment to see her? I am not too sure how all this works.

Sorry her name is Vera Baird

Did you ask your solicitor these questions:

  what she has done to get this dealt with quickly? Has she complained or written to   your MP?
-  what chance she thinks you have of it being approved in the end? If so, when?
-  whether she is aware of the new penalties for overstayers which come into play in     October?
-  what is the reason she thinks the application from the US will take six months?
-  whether she thinks an application from the US will be successful or not? 
-  why she thinks it is better to continue with this route rather than withdraw the application and apply from the US.


Vicky

Sorry her name is Vera Baird

Her boss is Baroness Scotland, who is a sweetheart.  I've been an unabashed fan of hers for a looooooooong time.  And not ashamed to say it either.

Sadly, I doubt an MP will be of much use during the concession window because the govt will simply inform her that's why they are sponsoring the concession.

I didn't speak to my solicitor because she is on maternity leave but I did ask her superior.
1) He said that my solicitor has been chasing this matter every 4-6 weeks requesting an update on the case with no success, and no she has not contacted the MP, that is what the other solicitor mentioned.
2) He couldn't say for sure what the home office will decide, but did say if I have still not heard anything after they receive the formal complaint, we might have to look at reapplying in the states, although I told him this would have to be the last resort.
3) He explained the laws coming into effect in October and that is why he has put a formal complaint in to try to get some answer off the home office.
4) He didn't now why she thought it would take six months. He said that was probably a worse case scenario.

So, Garry do you think it is not a good idea to contact Vera?
Thank you,
Jenny

So, Garry do you think it is not a good idea to contact Vera?

If you want to withdraw your app and get your passport back, she'll be good to help with that. 

Otherwise, what you are asking Vera to do is the same thing as what 500,000 other people in the legacy book are asking their MP's to do.  That's why the govt made a concession.

I think I had better duck out of this thread.  My opinion differs so wildly from your solicitors that I feel my continued participation is going to cause a major problem.  I strongly urge you to think carefully before remaining in the UK past the end of September.


Vicky

Jen,

I know the money is tight but scrape some together and consult someone else. From the answers your solicitor is giving you, it sounds like he's "there there"ing you. The HO has and will continue to split up families. If he's counting on sympathy in that regard, he is counting in vain.

Find someone who knows immigration law. There are websites listed on this page where you can get a ref. From what your solicitor is telling you, I have a strong feeling this is not his area of speciality and with the constant changes taking place, you can't be sure someone who's not knee-deep in it is up to date enough to give you good advice. As a matter of fact, considering their treatment of your case until now, it is almost certain they've never got themselves up to date on the law at all.

Get a second opinion. Please. This can end up working out worse than you can imagine. You can end up barred for years. If the person you consult tells you the same thing your solicitor is, at least you'll have a peace of mind. It's worth the money, it really really is.

It's nice that he's saying he'll lodge an appeal right away but because you applied out of status, you might not even have a right to an appeal and he should have told you that. There's just so much..I dunno if I'd say wrong but certainly off in this situation that outside help is needed. And absolutely, positively find someone who specializes in immigration law. It is absolutely essential.

I will look for a second opinion. I don't really know much about this so I just thought they would be doing their job. I did know that it was taking WAY too long so that's why I posted this subject. The only problem with my case is that I would really like to have going back home to apply my last resort. My son is about to start nursery so he would need to stay here with his dad. My husband couldn't come with me because he would need to continue to work to keep up with all our financial responsibilities here in the UK. How long do you think it would take to reapply in America?
Does anyone know of a good lawyer near the Middlesbrough area?
Thank you
Jenny

How long do you think it would take to reapply in America?

1-3 weeks would be my best guess.  Once in the US, you could speed up the process a bit by sending your documents to the consulate via courier.

To find an adviser, have a look at www.oisc.gov.uk
There's a link on the main page to help find someone in your area.

There was a poster a while back who had made an out of time application and had it refused.  Like you, he had a small child.
http://talk.uk-yankee.com/index.php?topic=38186.0

He returned to the US and was granted the spousal visa.
http://talk.uk-yankee.com/index.php?topic=39189.msg535001#msg535001

If you do decide to return to the US, make sure you do it well in advance of 01 October.  Also, it might be a good idea to have the application looked over by an adviser, to make sure you have everything in order.

Best of luck!

I read the other post from the man with the small child. So, he went back home and sent off his application via FedEx and received an approval in days?
My biggest fear, like his, was leaving my two year old son, but if it is only for a couple of days that would be ok I guess. Even a week or two... Now, if I decided to do this, would my first step be having my lawyer withdraw my application? What information would I need to send to the british embassy in California? Since I applied online for my fiancee visa I really don't know how to go about a spouse visa. Would I need to see a lawyer in the states or here before I send my application off?
Is this my best option for approval?
Vicky, I know you disagree with my lawyer, I do, but your help has been very helpful to  me, and I will to take all of your advise. I have more confidence in you and Garry than my own lawyer. Thank you all again.
Jenny

If you would like me to help with the application, please PM me.

Vicky