Need Help Asap

A

aussie_in_fl

Registered Users (C)
i moved here from australia with the visa waiver program then when i get here married my girlfriend of 3 years....whom i met in australia.
we have been married 6 years and in that time have failed to file a 485 etc due to the costs. live paycheck to paycheck
i have been told im here legally and cant be deported but now my wife is filing for divorce what is the best thing and quickest thing i can do to get my ssn and be ableto stay here for our 2 children..ages 4 and 2
plz help im about to be on the street with nothing

all i ahve now is a green I94 which is my visa waiver which is well expired and my I130.....please help
 
Don't have an answer, but think you might have a big problem. Can't understand why you didn't file the I-485...it's only $390. For something that important, you find the money somewhere. Had you done that, and then filed to remove the 2 year limitation, you would be home free after those 6 years you've been married. And how have you been working without an SSN?
I hope someone here has some good answers for you. It must be hell to be in that situation.

I'm sure someone here will correct me if I am wrong..and I often am...but if your I-94 is expired, I would think you are not in a legal status. I'm not sure what the I-130 does for you in this situation as far as legal status goes.
I'll be waiting to see the answers to this one. Hope there is a solution for you.

I guess if money is that tight, a lawyer is out of the question. But you might find enough money to at least get an opinion from an immigration lawyer. I've found that most in Fla. charge about $150 for a consultation. Some might do it for free in the anticipation that you might hire them. Call a few Immigration Law offices and see if you can get a lawyer to give you a quick pro-bono opinion of your situation. Some do have hearts.
 
Last edited by a moderator:
aussie_in_fl said:
i moved here from australia with the visa waiver program then when i get here married my girlfriend of 3 years....whom i met in australia.
we have been married 6 years and in that time have failed to file a 485 etc due to the costs. live paycheck to paycheck
i have been told im here legally and cant be deported but now my wife is filing for divorce what is the best thing and quickest thing i can do to get my ssn and be ableto stay here for our 2 children..ages 4 and 2
plz help im about to be on the street with nothing

all i ahve now is a green I94 which is my visa waiver which is well expired and my I130.....please help
Click to expand...
I don't understand.

You got married while you were on a Visa Waiver. You never filed I-485. Who told you you have been here legally?

You really need a lawyer. I feel bad about what happened to you, but it's a complicated situation, because despite what people told you, you've been here illegally for a long time.
 
FJCRUISER said:
I'm not sure what the I-130 does for you in this situation as far as legal status goes.
Click to expand...
It does nothing. I-130 is just a petition to grant a relative the right to apply for an immigrant visa filed by a US citizen. It doesn't affect the alien's status in the U.S. in any way. Had he filed I-485 sometime after I-130 was approved, he would have been fine.

$395 is a lot of money, I totally understand - we are poor too. But I think he just didn't understand how important this application was.

I really hope this can be straightened out, I feel bad for the kids :(
 
Jewel12 said:
It does nothing. I-130 is just a petition to grant a relative the right to apply for an immigrant visa filed by a US citizen. It doesn't affect the alien's status in the U.S. in any way. Had he filed I-485 sometime after I-130 was approved, he would have been fine.

$395 is a lot of money, I totally understand - we are poor too. But I think he just didn't understand how important this application was.

I really hope this can be straightened out, I feel bad for the kids :(
Click to expand...

I thought that was the case..just didn't want to make a firm comment on it and muddy the waters for him. And yes, the I-485 would have prevented all his troubles.

And I'm with you on the kids. Terrible for them. And for him as a father. I hope that he might find some success with a hardship appeal, although I doubt USCIS looks kindly on anyone who has been in the U.S. out of status for so long. Hope that will not be the case.
 
My advice, not that I'm an expert is that a lawyer would be on the only hope in this. If no extension was filed for visitor status, or a I-485 has not been pending,then this gentleman has definitely been ILLEGAL for quite a while. I believe immigration will go easy on somebody who is under a 180 day overstay but not sure about 6 years. Also, who is going to be this persons sponsor if they are getting divorced? Call me crazy but I believe US permanent residency by marriage is intended just for that, not for divorced couples. I'm not trying to appear harsh but just want to let this gentleman know what he may be up against.

I also wonder what the source of income has been for the past six years as well, if this gentleman has been working without a SSN or with a fake one...more trouble.
 
Need Help

I was told by an immigration lawyer that i would be fine seing as ihad two kids and married.......to do everything it will cost around 1000 bucks andthought i had to have it all at once...that is why i never got it and no i never worked except for the odd cash job...
am i really screwed why would the lawyer tell me different here in keywest...
is there anything i can file seeing as i have a relative here now???

or do i need to look for a plane ticket home?? what will happen when i go thru the airport???
 
By relatives do you mean your children? Unfortunately, just because your children are US citizens, it does not grant the parents any right to stay-they cannot petition for you to stay until age 21! Sorry for your situation. If your wife is filing for divorce they will have to obviously some custody action with the children at which point you will undoubtably have a lawyer and surely the immigration issue will come up. if you are granted some sort of constant custody (i.e. weekly visits vs twice a year) there may be a need for you to stay and the lawyers could help then. would you have a chance for better work back in Australia?
 
aussie_in_fl said:
I was told by an immigration lawyer that i would be fine seing as ihad two kids and married.......to do everything it will cost around 1000 bucks andthought i had to have it all at once...that is why i never got it and no i never worked except for the odd cash job...
am i really screwed why would the lawyer tell me different here in keywest...
is there anything i can file seeing as i have a relative here now???

or do i need to look for a plane ticket home?? what will happen when i go thru the airport???
Click to expand...

Note that the lawyer said "and married". He is probably assuming filing an I-485 as spouse of a USC. In that event, if I understand the rules correctly, as long as you originally entered legally, it possibly could be done, although I am not certain on that. Problem is, your wife is possibly not going to agree to an I-485 and, and this is important, the affidavit of support which makes her responsible for you financially. Get another legal opinion as soon as possible.

If you have another relative, not your children or spouse, in the U.S. (brother, sister, parent) there may be an avenue, but your illegal status likely would still be an issue. And understand that when you leave the country, you activate what I recall is a ten year ban on re-entry because of your significant overstay.
 
Last edited by a moderator:
aussie_in_fl said:
I was told by an immigration lawyer that i would be fine seing as ihad two kids and married.......to do everything it will cost around 1000 bucks andthought i had to have it all at once...that is why i never got it and no i never worked except for the odd cash job...
am i really screwed why would the lawyer tell me different here in keywest...
is there anything i can file seeing as i have a relative here now???

or do i need to look for a plane ticket home?? what will happen when i go thru the airport???
Click to expand...

Hi:

Why do you assume advice that was given to you years ago is still valid? The attorney likely told you that you were eligible to file AOS AT THAT TIME based on your marriage to a USC. Please note that just being married to a USC or having USC children in itself does not immediately bestow legal status. You have been in illegal overstay all these years.

If you leave now, nothing will happen at the airport. But your overstay will trigger a very long ban from the US, and you will not be able to visit your children here.

Consult with an attorney ASAP. Your situation is way beyond what a NG should advise you on.
 
aussie_in_fl said:
I was told by an immigration lawyer that i would be fine seing as ihad two kids and married.......to do everything it will cost around 1000 bucks andthought i had to have it all at once...that is why i never got it and no i never worked except for the odd cash job...
am i really screwed why would the lawyer tell me different here in keywest...
is there anything i can file seeing as i have a relative here now???

or do i need to look for a plane ticket home?? what will happen when i go thru the airport???
Click to expand...

Hi:

Why do you assume advice that was given to you years ago is still valid? The attorney likely told you that you were eligible to file AOS AT THAT TIME based on your marriage to a USC. Please note that just being married to a USC or having USC children in itself does not immediately bestow legal status. You have been in illegal overstay all these years.

If you leave now, nothing will happen at the airport. But your overstay will trigger a very long ban from the US, and you will not be able to visit your children here.

Consult with an attorney ASAP. Your situation is way beyond what a NG should advise you on.
 
Does your wife work? Has she worked since your arrival? What kind of work? I'm just curious how you have been suppoorting yourselves for 6 years if you have not done anything but work the "occasional cash job"..
 
my wife is in the USAF......i worked the occaisonal cash jobs but themain source of income was her af paycheck.....
she is willing to stay married untill i can get my papers done now its just the matter of coming up with the money.
the lawyer i talked to also said this a week ago not years ago.
he said about 3000 to be there for us / me, including doing my papers etc
also 1000 for him to prepare them but not for him to be there during the interview
whats ur advice ont hat
 
aussie_in_fl said:
my wife is in the USAF......i worked the occaisonal cash jobs but themain source of income was her af paycheck.....
she is willing to stay married untill i can get my papers done now its just the matter of coming up with the money.
the lawyer i talked to also said this a week ago not years ago.
he said about 3000 to be there for us / me, including doing my papers etc
also 1000 for him to prepare them but not for him to be there during the interview
whats ur advice ont hat
Click to expand...

Her being in the military lowers the income requirements. And if she was in the military whenm youmarried, there is little doubt in my mind that some financial help could have been provided to assist in paying for the filings. That might still be the case. I would think at this point, a good lawyer might be a wise investment.
 
FJCRUISER said:
Her being in the military lowers the income requirements. And if she was in the military whenm youmarried, there is little doubt in my mind that some financial help could have been provided to assist in paying for the filings. That might still be the case. I would think at this point, a good lawyer might be a wise investment.
Click to expand...

she wasnt in the military till well after 6 months after we got married...my parents are helping me with the money i just found out. but i think i will have the lawyer prepare my forms ...i simply can afford to have him do the first option he gave me of 3000......i can ask maybe after filling my forms how much to go there if i need him?
im short handed here and working with what i cna
u guys are awesome thanks so much
 
What's going on?

Aussie,

Where in Florida are you based? Please use the link below and find the nearest catholic charities office in your area. Call these people and take yourself there and explain your situation. It is possible that they can complete the forms for you without having a doosh lawyer taking $1000 from your broke self.

http://www.catholiccharitiesinfo.org/states/FL.htm

You have been married for over 6yrs? What the hell is wrong with you man? Not having money is not an excuse to break the law. You could have filed all your paperwork and file for fee waiver. USCIS tends to approve those request if there is probable cause for such requests. :rolleyes:

Listen, get off your butt and do something. If you decide to dare leave the US, you are barred for 10 yrs. So, better take a good look at Key West, because in 10 yrs when you come back it might not be there. I love Key West, but hate single lane traffic into the west... :mad: SO, you better act wisely and choose to be a smart person. :p Lastly, why do you need a lawyer to file for all your paperwork? You are just a visa overstay from a WVP.

Personally, I see no problems for you. Also, you were working under what? Most important, when you worked, did you pay taxes on your income? These are the important in determing your case's approval or denial. When you file all your paperwork, on average it takes most people about 6 months to get their greencard, based on the discussion board timeline.

USCIS will decide your case on its merit and eligibility. You wife being in the USAF is a good thing, USCIS will respect your marriage, after all it has produced children... :) Congratulations on contributing to the human race. For 6yrs, you could be a US citizen by now, maybe in the airforce too... :(
 
aussie_in_fl said:
she wasnt in the military till well after 6 months after we got married...my parents are helping me with the money i just found out. but i think i will have the lawyer prepare my forms ...i simply can afford to have him do the first option he gave me of 3000......i can ask maybe after filling my forms how much to go there if i need him?
im short handed here and working with what i cna
u guys are awesome thanks so much
Click to expand...

most lawyers will work out payment arrangements. for example..half up front to do the preparation, and then payments for the balance over three months when the package is ready to submit. If you pay only for the preparation, and then need him later, he might move to an hourly fee which could be more expensive.
 
Try this one...

Aussie,

Since u are financially strapped, please consider using this service below. I haven't used this service nor do I receive any compensation as a result of bringing this to your attention. My intention is to help you solve the conundrum which you are at the moment.

http://www.insexperts.com/en/gc/fmperres.htm#3

http://www.ruthlaw.com/fees.htm

This is a law firm in gainesville. So, you might need to go up there and get help. Again, I make no dime from this resources.


So, please use all resources necessary to be on the solid ground with the law.
 
Confused

ok so people are saying im screwed this lawyer who i have heard from several people around town say he is great is telling me im ok....
he said even with me working its ok because im married and the family and marriage is legit....said they would look past that...WTF should i do i ahve money to file now, thanks to my parents.......should i do it myself or have him do it and not have a chance of screwing it up.....
thanks for all your hel guys
 
You must log in or register to reply here.
Top