i-864 joint sponsorship q and visa q please help if you can :)

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luvusa725

New Member
Please give me advice on what to do.

I am an american citizen, married to a Canadian. We have a baby together, he is a medical student and entered the usa based on a visitors visa from Canada. We live in the USA.

We sent it our application i-30 and i-485. He already did his finger prints.

Now we got a notice to send Intial Evidence submit the I-864 Affadavit for support for the petitionoer/sponsor. The problem is that as his wife and sponsor I am a stay at home mom and he is a student we are living on a loan from a Canadian bank while he is in third year of medical training in the states ( just started in August).

What do we do ?? My father can sponsor him is that allowed? Also, his visitor visa may expire in september but is he illegal if we already applied for change of status back in July??? Please let us know we need help and have no extra money for lawyer.

Is he legal since the process is taking place although his visa may expire in september? All canadians get a 3 mo visa when they enter the usa on the border.
 
You are the sponsor, but your father can be the co-sponsor financially. If you live with him, he would qualify as a "household member" and would file I-864A to supplement the I-864 that you will file. Otherwise, he would file another I-864.

I think you are mixed up about visas ... he probably doesn't have a tourist visa, because Canadians normally don't need a tourist visa to enter the US. It also doesn't make sense that he would be in his third year of medical studies and then use a tourist visa to enter the US to continue his studies. If he last entered with a tourist visa and then went to study before the I-485 filing, that would be illegal. But like I said, he probably didn't enter with a tourist visa.

You said he is a medical student in a US school ... did he get a J-1 visa to study? If he has a J-1 visa he may be ineligible for a green card now, because J-1 visas often come with a restriction that disallows applying for a green card until one leaves the US and lives for 2 years in the home country. You need to talk to him and have him look at his visas and related paperwork so you can understand what the real situation is.
 
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Hey there THANK YOU SOO MUCH FOR replying to me.

The thing is is that we went to Carribean medical school where his first 2 years of training was at St. Martin. Then the third year just started and its the clinical rotations in the usa. From the Caribbean, He entered Canada to visit his family, then we drove across the boarder there I assumed he had a visa I guess not. So he doent have a Visa? I really dont know bc there is no stamp on the passport after I looked at it. But we applied as soon as we entered the USA for change of status and i-30. Does that make sense? Please let me know so that i can explain the situation better if not. So, now he has only been in the USA as a student for only 3 months and he had his finger prints done already. He is not illegal right ? As long as we have applied for status. This is so confusing for us. Thank you what a wonderful forum ! :)
 
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But we applied as soon as we entered the USA for change of status and i-30.
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Change of status to student status, or adjustment of status for the green card? There's a big difference. And I suppose you meant I-130, not I-30.

His studying may or may not be illegal, and he may or may not have the 2-year restriction on applying for a green card. You need to talk to with him and understand all the relevant facts of the situation, otherwise we can't give a valid answer. Did he apply for a J1 or F1 or some other nonimmigrant status in order to study, did it get approved, and if approved did it have the 2 year restriction?

Can you have him post on the forum himself so he can answer questions directly?
 
Honestly, he knows nothing about the situation I am taking care of it all. He does NOT have a student visa for sure bc the school asked us for applications and we said we dont need to apply for a student visa because we already applied for change of status. I should re-state the timeline. Yes, we applied for I-130 and the I-465 in July as soon as we came back from Canada. In august he started his clinical rotations and got his finger prints right away, so his clinical coordinator needed only proof that he is in the process of getting the status changes and green card therefore we do NOT have any visa whatsoever. He did NOT apply for any non-immigrant study status whatsoever. Does that clarify the situation?Thanks again very much!
 
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Household Member

Dear All,

I did not want to open a different thread as my case is very similar to the current thread. However, if it is needed to be transferred as a seperate thread, I will really appreciate if the moderator can take care of it.

With that being said, my problem with the green card application is related to the Affidavit of Support document. I am a foreign citizen and came to US in 2005 with F1 visa. At the end of graduate study (2007 Summer which is the time I met my wife as well :) ), I found a job in New York city and moved here. My girlfriend (at that time) was still continuing her education back in OH. I worked one year on OPT and rest is on H1B. I am still working at my current job. Anyway, as of January this year (2010), my wife was graduated and came to NY to live with me (under the same residency). However, she is still unemployed due to hiring freeze in NY for teachers. I am able to support both of us so I was wondering whether I can fill out I-864A without any need of co-sponsor from her family members. If so, does this have any drawbacks or a potential to decrease the likeliness of being granted for the green card?

There is also one more thing I need to mention. We got engaged this year in June and our wedding is scheduled for December. However, due to health insurance problems (she had insurance from university expired at the end of July) we decided to get married in advance of the wedding ceremony in order to have her enrolled for health insurance provided by the company I am working at.

I really appreciate your reply regarding this matter
 
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