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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

I was told by an immigration lawyer that i would be fine seing as ihad two kids and married. well would have been at the time......to do everything it will cost around 1000 bucks and thought 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???
 
and by 1000 bucks i meant everything...485, 765, my medicals, interview, thouht i had to have itall at once...
i need alot of help guys
 
Hello,

I am sorry that you are going through the ordeal. You should have applied for your AOS after you were married. But its too late.

But anyways, do you have education in a specialty occupation and experience? You can apply for H1B (work visa). Then you could get work based GC.

Your children have to be adults (18 and should be able to sponsor you willingly), before you can apply for GC based on that relationship (family based).
 
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

I was told by an immigration lawyer that i would be fine seing as ihad two kids and married. well would have been at the time......to do everything it will cost around 1000 bucks and thought 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...

WHAT? You didn't like the answers you were getting on the other thread you started?
 
not at all jsut trying to get as many opinions as possible...what visas and stuff am i able to file for?
my wife has said she will wait on divorceuntil i can stay here....so i guess i need is themoney to get my 485 etc etc right?
 
Seek a reputable lawyer's consultation and file for your marriage-based GC asap, for real. Don't even waste a minute.
 
aussie_in_fl said:
not at all jsut trying to get as many opinions as possible...what visas and stuff am i able to file for?
my wife has said she will wait on divorceuntil i can stay here....so i guess i need is themoney to get my 485 etc etc right?
Click to expand...

Of course filing the I-485 under the false pretense that you are not planning divorce...not particularly legal I would think. You have been married for 6 years, so the 2 year restriction would not apply and, I assume, thus not require a second interview at that time. And it will take months before you have an initial interview, at which time you will need to demonstrate that you are still living together etc. And there is the issue of the affidavit of support. She has to sign one for you and demonstrate the ability to meet income requirements for a family of four. I believe that is 120% of the poverty level. That has to be demonstrated with the submission of the I-485 and the Affidavit of Support together. If you apply for the EAD and receive it you can then apply for a SSN and find a job to add to the income requirements prior to interview.

and again...Get a good Lawyer.
 
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