About Conditional Status

shaihills

Registered Users (C)
HI ALL,
I've been married to a U.S. citizen for nearly 3 years now. My wife and I felt we didn't have enough 'proof' of marriage initially to attempt to petition to adjust my status initially. we're both college students and still supported by parents/family financially. we live together but don't pay any utility bills. I was asked by my college to get back in legal standing after it offered my a financial aid package including fed grants/loans which required verification that I am undocumented. My wife's income hardly helps with tha affidavit of support. We currently have my sister & mother both with gross combined income entering 6 figures. we're applying for the I-130, I-485, and I-765 among others. My question here is
1. what exactly constitutes as 'in legal standing'? would the work permit and SS# I get qualify me as being in legal standing?
The BCIS officer we met on our visit to the Albany branch explained that I'll automatically stop accruing my current status of being out of status [OOS]. I asked that question with the hope that that premise exists, i.e. why would the govt. award me a work permit and a social security # if I were still counted as undocumented and would this be enough for me to be reinstated back into college. The college maintains that it simply wants me to not be undocumented or considered 'illegal'. It's also their way of avoiding any fed penalities in the wake of the 9/11, sevis system, etc. It's also a fairly wealthy lib arts college and has promised to replace my fed aid package with its own grants until I'm allowed to accept fed money without being subject to any public charge penalties.

2, my second question is since I've been married nearly 3 years now, would I still be awarded a conditional residency card in the event my I-485 is approved, or would I automatically receive my greencard.

Any & all responses are welcome. I'll greatly appreciate any input. thanx
 
First of all....if any other person willing to sponsor you beside your wife, that will be okay. For anyone to sponsor your, their income must be more than 15,150 yearly (if I'm not mistaken, please double check of poverty line of income in USCIS website to confirm). Only US Citizens can join petition you. Any assets also can be included if the amount is not enough. You can read about this in detail in form I-864 instructions.

Secondly, once your married to US Citizen and applied for Adjustment of Status (AOS), you are automatically title for 'adjusting your status'; which means you are LEGAL to stay in US until your case hearing (which is call AOS interview). This also explained why you are eligible for Work Permit (EAD) and SS #. And yes, you can go to school with this because you are legal while having your AOS pending.

Thirdly, since you already married for 3 years, IF your case APPROVED, you will get 10 years Permanent Resident. NOT Conditional PR since it only for couple who has the marriage less than 2 years while they having the AOS interview.

Now...start gather all your proof of marriage such as pictures of both of you with family and friends, cards and letters that you both received, any other things that have both of your names. Start open join accounts. Even you guys do not pay bills and rents, there are still many other things that can be proof that you both have a good marriage. Please remember, when they interview you, they are very interested in seeing that you guys have proofs of marriage.

As long you have other sponsor, you will be fine. Good luck and please bear in mind I'm not a lawyer, so please act accordingly.

Have a wonderful day. :)
 
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hi,
thank you for the response. i've retained a lawyer who claims both my mom and sister qualify as persons who can file the joint affidavit of support. my sister's a u.s. citizen, mom's filed to become a citizen. thanx again for response
 
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