Married 5 yrs, not sure which to apply for

[kdmb212]

My story is a little lengthy, but I think background is needed to help get a straight answer, which I cannot seem to get.
My husband and I married in the USA in 2004. He came in on a fiance visa and we started the saga of residency. For almost three years we tried (in vain) to get him a green card, to no avail. He received permission to leave to come visit his family (with our 18mo old daughter) in 2007. Subsequently, he was refused entry back into the US (again with our daughter) because they stated he overstayed his fiance visa. I came to the UK to get our daughter and for two years we tried to get him back in the states. While we were visiting him in the UK I went to the local Citizens Advice Bureau to discuss how our daughter and I could possibly move here. They told me that I was not required to leave (she used the word "Chiqwamba") and come back, but she stated that I probably had loose ends to tie up in the states and that I could come back and just apply from within the UK. When we returned I phone the same advisor and explained we were back and that I would like to proceed with the requirements for residency. She told me, "I am so sorry, I gave you incorrect info. You should have applied from within the states. Again, I'm sorry but I used to dealing with asylum seekers." WHAT?? I have one month left on my stamp at this point. By now, my husband and I have been married five years and our daughter is four, and in school. We cannot afford for me to fly back, pay and fly back again. What should I do? I was allocated a National Insurance number and we are registered with NHS. I have a Bachelor's degree and want to work. I am very afraid that if this is not taken care of properly I could be removed from the country. And advice is GREATLY appreciated. Thanks.

[Wanderer]

Seems correct. You should have applied for ILE from the USA for u and that would have been an end to it. Now u r here on the wrong visa and cannot switch.

It is possible to switch in extenuating circs but these aren't, u being from USA means a quick turnaround on visa, so based on proportionality it's not so hard for u to return and apply for the correct visa.

Bearing mind I think the cost of ILE is about £820, ur gonna have to find the money from somewhere, the HO won't be sympathetic I'm afraid.

NINO and NHS makes no difference, in fact u are not entitled to use the NHS as a visitor as u r now and this angle has to used to ban spouses, so u need to sort this ASAP.