FLR(M) visa.... still waiting

[mzmimi]

Just wanted to know if anyone else has gone through what i am going through now..

I am a US citizen who came to the UK with my son to stay with my husband in jan 2015. we applied to extend my stay in June 2015, and got the decision in sep 2015 saying it was denied. So of course we had to appeal the decision right away. it took 9 months for us to get a court date and My appeal date was on June 2016,. the Judge over ruled the home office decisions and told them it was illegal to deny me a visa, since my Husband is a UK citizen and both our kids are British citizens as well. It has now been 8 months since the court date, and i have yet to hear anything from the home office. they still have my passport and my lawyer has been writing to them but no response either.. I am not sure what else i need to do because it is really frustrating being in this country, not being able to travel or work. it's like i am stuck.

[Wanderer]

What visa did you enter UK on?

[mzmimi]

a visitors visa.. but we saw a lawyer before applying, and he told us i didnt need to return to the US to apply to extend my stay..

[Wanderer]

Well I'm not sure why the appeal was upheld, it's not possible to switch in-country from a visit visa, perhaps the judgement said that?

Few points;

1. Any reason you can't return to USA and apply properly?

2. Does your husband earn enough to sponsor your visa?

[mzmimi]

Well, they have my passport so i cant travel anywhere..unless i cancel my application ..but with all the money we have spent on the first application so far, i am not sure if its worth cancelling the application.

Also my husband is in his last year of university, so he doesnt make enough yet to change the visa to the spouse visa.

ps: they refused on the grounds of not enough evidence of us being married, and also said whatever the UK has, America has also, so why do I need to stay here?

[Wanderer]

Well, they have my passport so i cant travel anywhere..unless i cancel my application ..but with all the money we have spent on the first application so far, i am not sure if its worth cancelling the application.

Also my husband is in his last year of university, so he doesnt make enough yet to change the visa to the spouse visa.

ps: they refused on the grounds of not enough evidence of us being married, and also said whatever the UK has, America has also, so why do I need to stay here?

To be honest I can't see an in country app being successful, just goes against all the rules we've all had to abide by.

If it was me I'd request my passport back and return, and apply formally when finances are sorted, the consequences otherwise are years and years of hell and appeals not to say the threat of removal.