Not really sure where this fits but it's I-765 related

[27315]

We previously filed the forms mentioned below in 2000/2001 however, I am one of cases that have fallen "threw the cracks" of the US Immigration system. We wrote the INS Ombudsman and our State Official concerning my case and, after receiving several contradicting letters from both parties, we have been advised that, rather than dispute my case, we would be better off to simply re-apply. However, we do not meet the I-864P Minimum Requirements.

Background Info:

• Previously filed forms I-485, I-130, I-765, I-864, etc..

• I am a Canadian citizen currently living in the USA.

• I have been here as a visitor (without a visa) for over ten years (I was inspected at the border).

• The wife (an American Citizen by birth) and I were married Oct, 1999 and are still married and living together.

• Marriage is valid and took place in USA.

• We have two boys, both are American Citizens.

• We do not meet the minimum I-864P poverty level.

• Didn't receive a visa with my last I-485 application, and if I was granted one, we never got it. (Our neighbor use to steal our mail)
  
  Given that we don't meet the minimum poverty level, filing another I-465 would be useless because we can not find a co-sponsor nor do we have enough assets. However it is imperative that I be permitted to work. Even though this would be my second EAD (I never renewed my previous EAD) we've been told that, by filing the proper forms, there is a way to get another EAD. However, I recall reading somewhere that if you previously had an EAD and didn't renew it, you could not get one without filing another I-485 application.
  
  Questions:
  1) Must we file a I-485 to get another EAD?
  2) If not, what forms do we need to file?
  3) Looking at the I-765 application, in the uppermost box (reserved for USCIS only) it says "Failed to establish economic necessity as required in 8 CFR 274a. 12(c)(14), (18) and 8 CFR 214.2(f)". I understand this is for USCIS use only but what exactly does it mean? And, given that we do not meet the poverty standards, could this help or hinder us?
  4) On the I-765 form, question #16 What classification would I fall under? I've looked at all the ones listed in the instructions but none of them seem to apply.
  
  Thanks in advance..

 

[DesiG]

This was posted a long time ago, but just want to let the OP know that he will probably get better responses in the US Citizens forum - lot more people there have been through the process of sponsoring a spouse.

FYI - your wife would have to sponsor you. Not sure if you would be eligible as you have been here more than 10 years without a visa, but from what I know, all sorts of things are forgiven for spouses of American citizens. I am not sure where the poverty line comes into the equation except you would have to show that she can support you - but presumably you have been living on something other than air the last few years, and can show some sort of income.

Your best course will be to get a lawyer - you might find help in the state legal aid department if you can't afford one.

Good luck!