getting ready to file but have lots of ?

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aridza

Registered Users (C)
I came to the US in 2001 to go to school and I met my now husband, we dated for over a year and I got pregnant.
We got married in 2003 but later found out that his divorce from his ex-wife was never filed, and then I found out last year that just before we met he married a friend of his to help her get her papers (they were never together), they started to file but then she left the country and never came back, she had told him she got an annulment but apparently didn't(and he was stupid enough to think she could do it without him signing anything).
Fast forward to about a month ago, both of the divorces are finals and we got remarried on may 26th 2006.
since I've been with him he worked for over a year, got injured, sued the employer and got fired, then didn't really work again until the beginning of may, we manage an apartment building so we get free rent and a salary of $1200/mo.
before this job my husband had filed for welfare which we are getting, he just didn't tell them I was living with him, he told them last month and was told to add me on the next report (in 2 month).
We just paid a lawyer $600 to start on my papers and we don't have tons of extra $$.
That was my background, now here are the questions:
Can the fact he married a girl and filed for her penalize me (or slow down the process)?
Can being on welfare on really bad thing? (we should be getting of off it really soon)
Do we need a co-sponsor for the affidavit of support? I was told that it wasn't needed until the interview by some people and others told me it was needed when first filing.
We do not have a bank account because he messed his up and can't get one for a few years (I was on it too).
He hasn't file for tax in years (since before we met) and hasn't had much incomes in the past 3 years, just a settlement last year and some here and there.

Thank you for your help, I realize I'm not giving a good image of my husband but he is not all bad :)
 
I forgot to add that I filed for an extension of my 1-20 visa back in 202 and only recieved a letter asking for more papers and the original of my visa, I-94 and my passport, I sent all fo that and never got anything back so I got a new passport but don't have my I-94 nor my visa anymore, I believe I made some copies of the visa but can't seem to locate them so I'm gonna contact my school, hopefully they'll still have a copy of it but I'm sure I didn't make a copy of my I-94, what should I do?
 
I would suggest that you look for a joint sponsor. I'm not really sure how it works these days, since new rules just came out. In this forum, there is a new thread by Ari4u explaining how the new I-864 forms work, so you may want to look for that.
With a joint sponsor, you don't have to worry so much about the tax returns or having been on welfare.

At your interview your husband will be asked about his previous marriages. Of course you should not mention that he committed marriage fraud once, otherwise you guys could get in trouble.

A joint bank account could become important when your interview is coming up (joint documents to prove your relationship). If you have other joint documents together, like insurances and stuff like that, then you should be fine.
You don't need to have a bank account when you file. You can pay with money orders.

Good luck to you!
 
I looked through all my stuff and didn't find the copy of my visa but I found a letter from immigration asking for more document (from when I filed for an extension) and it has a receipt number, would that be enough instead of the I-94?
 
The I-94 is VERY important. Did you send your original I-94 to file for the extention of your I-20. You need to check if your huband's income is over some % of the poverty line, check the thread that Patty talked about above. Read the instructions in all the forms, in the I-864 it will explain to you if you need to get a joint sponsor or not. My guess is that since your husband is receiving money from the gvmt you will need a co-sponsor. This sponsor is responsible for you economically. -Please someone correct me if I'm wrong- But I'm pretty sure you cannot get any money from the goverment after you get you become a permanent resident for a while, that's what your sponsor is for. You might have to answer few more questions and show more evidence of a true love marriage due to your husbands previous history with the CIS. It all depends on the officer.
 
Yes I did send the original of my I-94 for as well as my passport and my visa (both pages), how dumb was I to trust the immigration!
I was told on another board that if there isn't a form to get lost things back then there is no way they'll find my stuff but I don't want to pay more money to get a new I-94, after all it was their mistake, I don't have extra money like that and the whole thing is already gonna cost us a lot!
I checked online and I filed for the extension in march 2002, they asked for more infos in june or july 2002 and approved my extension in october 2002, I was only asking for a 5 weeks extension until the end of april-begining of may.
I'll see what my lawyer has to say
 
They never asked for originals unless is extremely require (it is not for extension) and most of the time you just need to send is a photocopy. They always will keep everything that you send to them.

And yes you need to file the Affidavit of Support along with your adjustment of status package.

It is important that you cannot get welfare through your husband so the only one who can get welfare is your husband not you. You should not received any goverment help since those are one of the questions on the adjustment of status and remember you are signing it as well.

There is a form where you can ask for a copy of your lost or stolen I-94. But the part that I don't understand did you rip off the pages of your passport with your visa in it???

Before filing you need to show your I-94 and your visa since that is the way that they know that you was inspected and enter here legally.

If you are paying a lawyer I think he should know better what to do in the case that you are missing one of the most important eligibility's documents.
 
no my visa was glued to my passport but I had 2 other pages for the I-20 that weren't (yellow pages).
My problem at the time was that I had move and got the letter 4 or 5 days before the rest of the papers were due and was asked to send the original proof of citizenship, and all I had was my passport with everything in it visa and I-94, I trusted that I would get that back but didn't.
I am not on welfare, it's only under my husband's name and our daughter.
I guess I have to find a co-sponsor because my husband is making under the poverty line, I was hoping that they look at the fact that we don't pay rent, if we did he would be making twice as much.
So my reciept number wouldn't be attached to the file I did for my extension?
 
NEVER send originals of such documents but I guess it's too late for that. I think it would be good for you to hire a lawyer. There are many complications in your case, the lack of the documents being the most important one.
Not paying rent doesn't count as income, your sponsor needs to show his tax return copies, letter from employer, etc.
What receipt number are you talking about?
 
I'm talking about the receipt # on for my demand of extention for my student visa 4 years ago.
 
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