EEA Family Permit or Primary Carer

[heyjack!]

Trying to make the longest story short.

Last year overstayed UK visitors visa (had complications during pregnancy and gave birth in the UK). My private health insurance picked up the tab though. Brought my US daughter (who originally travelled with us to the UK) back to the US because she was homesick. Had an application with the Home Office made, but didn't realize the package they sent back had a folded up reply in the paperwork. We just thought it was the documents being sent back.

Went to the US and overstayed just over 3 months (including time application was sent and received).

I know, I should have stayed and gotten clearance from the Home Office. But that is too late now. What do I do now? My husband doesn't meet the financial requirement to sponsor me. Should I fly back with my UK citizen son? Will I be let in, applying for a EEA Family permit at the border.

Should I get a work visa? I could get a job interview scheduled and quite possibly a job offer.

Any help would be greatly appreciated.

[Obie]

I don't believe you will qualify under Zambrano judgement as a primary carer.
You are married to the chid's father, and the father is residing in the UK.

[heyjack!]

What are my other options at this point? Would an EEA Family Permit work if the relationship has broken down? What if I travel with just my son into the UK and file an EEA family permit at the border?