Not sure what to do,...

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Vampyrplanck

Registered Users (C)
I'm a British Citizen, I came to the US roughly 4 years ago under the Visa Waiver program. It was my third visit here under the Visa Waiver program. The second visit was specifically aimed at meeting someone my friends introduced me to and getting to know her, yada yada. Third visit I just didn't leave, and stayed past the duration. A few months after the 90 days ended she and I got married. She is a US Citizen. So I've been married to her almost 3 years now, living in the US. I haven't worked illegally as to prevent any problems with that. My wife cannot work because of medical issues. We've been trying to figure something out this entire time, at one point we went to an attorney who did something to extend my stay he said, cost us 2000 dollars which we later found out wasn't possible. So we dont really have any money to go to an attorney, and we aren't quite sure what to do now.

As far as I know we must file a I-485 Form to file for an adjustment of status, but I believe it requires an Affidivit of Support. My wife obviously doesn't meet the requirements and we do not have any other sponsers. Are there any other options available to us?

I also read that its 100% impossible to change my status because I entered under the Visa Waiver Program, and I was wondering about the validity of that statement.

I'm just trying to figure out a way to work here and support my family, we currently cannot move back to England as a family because of several legal papers with her ex-husband and the children, so that isn't an option.

Thanks in advance(hopefully)
 
You can adjust your status, regardless of using the VWP or not. You entered legally and married and USC. That is all you need.

You need to file I-130 and I-485 together, along with I-765 (work authorization) and other documents.

As far as the I-864 you two will need a co-sponsor... she will still fill one out for you (your wife). Just get one of the friends that introduced you sign one, is not that big of a deal...

You do not need a lawyer for all of these paperwork, most people here did it by themselves. Whatever you do though, do not leave the country until you get your Green Card.

You will need $ 2000 (roughly) for all the fees, exams, etc. Without the lawyer.
 
Vampyrplanck said:
I also read that its 100% impossible to change my status because I entered under the Visa Waiver Program, and I was wondering about the validity of that statement.
Click to expand...

That is incorrect in your case, since you are an immediate relative of a US Citizen:

This is straight out of the I-485 form's instructions: (available at uscis.gov)

10. Who Is Not Eligible to Adjust Status.

[...], you are not eligible for adjustment of
status if any of the following apply to you:

[...]

11. You were admitted to the United States as a visitor under
the Visa Waiver Program, unless you are applying
because you are an immediate relative of a U.S. citizen
(parent, spouse, widow, widower, or unmarried child
under 21 years old);

I am not so sure about the affidavit of support issue, but I have a question:

Who/what is financially supporting you and your wife since you said that she cannot work and you have not worked illegally? If you have legitimate financial means or assets (in the US or abroad) those can all be used.
Read again carefully through the I-864 form (http://www.uscis.gov/files/form/I-864.pdf) You may find something in there that could apply.

I would like to help you figure this out. You obviously have a very legitimate marriage. Furthermore, upon approval of your I-485, you can receive an unconditional green card, since you have been married more than two years, so that is one less thing you would have to worry about.

I am sorry you had to pay $2000 for nothing. Do not pay any more lawyers. I believe there is enough knowledge combined on this forum to tell you most of what you need, even if isn't technically "legal" advice.
 
Oops! PraetorianXI posted while I was typing my reply. Sorry for the redundancy. I kinda said the same thing over again!
 
Currently my wives grandparents are taking care of us, not overlly enjoyable. They're very old, I'm younger than my wife and it bothers them, so they dont approve of me very much. For the first 2 years they refused to even consider looking at the Affidivit of Support, I finally convinced them to look at it but they think the form will somehow enable me to take there assets if anything bad happens to either of them,...
 
I agree with PraetorianXI. You are probably better off asking a friend who meets the income requirement to co-sponsor you guys. Is that really not a possibility?
 
At the moment it doesn't seem likely, one friend is in a high risk job and his friend attorney said because he's in a high risk job it wouldn't be great for him to do it and the other doesn't want to take on the 'liability'. We're hoping my wives brother will do it, but he's being very slow about it, so I'm just looking for any other possible options.
 
there is no real liability... what are the chances of you becoming a "public charge".

your friend would not be responsible or have to give you money... but payback the government... you need better friends.
 
PraetorianXI said:
your friend would not be responsible or have to give you money... but payback the government... you need better friends.
Click to expand...

His friends seem pretty smart already. I can't think of anyone outside my immediate family who I'd sign an affadavit of support for.

The OP is in a tough spot. He needs to work to get an income at which point the affadavit issues should decrease significantly, but he cannot do that until he gets an EAD and files an I-485.
 
It seems also that the option of going the H-1B route is hardly a consideration since he is not allowed to adjust status that way (VWP issue, + expired stay) unless he leaves the US while a potential employer applies on his behalf, which doesn't seem simple in his case.
Could he possibly obtain an EAD while applying for AOS, even if his application is held up from lack of financial support?
 
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rein021d said:
unless he leaves the US while a potential employer applies on his behalf, which doesn't seem simple in his case.
Click to expand...

He absolutely cannot leave the US for any reason until becoming a permanent resident, since the 10-year re-entry bar will kick in.

Could he possibly obtain an EAD while applying for AOS, even if his application is held up from lack of financial support?
Click to expand...

I suppose it's possible, but it's skating on the edge of a frivolous petition since it's not approvable when filed.
 
Ok,... Whats the EAD exactly? Temp work permit?

Were I to do it that way would I have to pay filing fee's twice possible? How would it work?
 
Vampyrplanck said:
Ok,... Whats the EAD exactly? Temp work permit?

Were I to do it that way would I have to pay filing fee's twice possible? How would it work?
Click to expand...

EAD (employment authorization document). Valid for up to 1 year, renewable.

I do not think this would work. You need a co-sponsor.
 
why doesnt your wife convince her grand parents , i thik it will have a better affect on them if she explains the details
 
OK, I think I have a sponser. I just wanted to check which exact forms I had to fill out and mail in together. I dont want to miss anything.

Thanks for all the help by the way, really appreciate it.
 
Questions regarding affadavit of support

My sister-in-law is currently filling out an affadavit of support for us, and had a couple of questions. First, she gets monthly child support and wanted to know if this could be included in her affadavit towards her total income. If so, what papers would we need to include to verify this information? She can print a copy of her records for the past 12 months of payments from the internet site, however this page would not include her name. So would we need to have the attorney general's office send her an official transcript of her payment history?
Second, both of the cars that her and her husband drive are in her name solely. Can she include the combined values of her vehicles towards her assets? If so, would she list them under the other personal property section? And can she just look up the estimated blue book value of the cars or does she have to get an official appraisal done?
Lastly, she is the one filing the affadavit for us, but on her income tax return, it's joint with her and her husband. Would she need to put his name down also on the affadavit or can she just put hers?

Thanks in advance for the help!!!
 
Vampyrplanck said:
First, she gets monthly child support and wanted to know if this could be included in her affadavit towards her total income.
Click to expand...
It's the child's income, not hers. So it would only be counted if the child signed an I-864A. However, since people under 18 can't legally sign contracts in the US, I assume USCIS won't accept the child's I-864A and therefore the money can't count.

Vampyrplanck said:
Second, both of the cars that her and her husband drive are in her name solely. Can she include the combined values of her vehicles towards her assets?
Click to expand...
She has to prove that the sale of the car will not cause undue harm to her or her family. The instructions specifically say she can't count the first car, but it isn't clear about whether two people can count one of their two cars. USCIS doesn't specify how she proves its net cash basis - if the car is in average condition a blue book printout seems reasonable.

Vampyrplanck said:
Lastly, she is the one filing the affadavit for us, but on her income tax return, it's joint with her and her husband. Would she need to put his name down also on the affadavit or can she just put hers?
Click to expand...
She doesn't need to put his name down, but if she doesn't then she can't count his income in the I-864. To count his income he needs to sign an I-864A.

-ML

K1 -> I-485 -> I-751 -> N-400

Now filing I-130/I-485 for parent...
 
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