Reapplying

Well, my mom talked to a lawyer and he's willing to handle my case. He also said that my dad is actually able to be my co-sponsor with his H1B and their pending AoS.

Didn't we already tell you that co-sponsor (as well as sponsors) must be a US resident or a US citizen in order to sign I-864? You may appreciate our advice but since you are not going to follow it, why do we bother?
 
I was wondering about that too, how her dad can possibly become a joint sponsor if he hasn't completed his AOS yet. Perhaps the lawyer is planning to include her dad's income as a family member sharing the household, but they live with her in-laws and my understanding is the family member(s) on I-864 have to be from the sponsor's family, not the beneficiary's family. So I'm puzzled as well how the lawyer plans to pull that off. My advice would be to definitely get a second or third opinion from other lawyers or have the lawyer prove to you exactly how your dad qualifies.
 
I wasn't trying to brush off anyone's advice. I was just excited that something was gonna be done and was sharing with everyone.

I did get a second opinion and long story short, we're dropping that lawyer.

Now I'm back to being frustrated and depressed since I can't find a co-sponsor. Someone mentioned my husband should get a better paying job. Well, he has applied to several different ones in the past 2 months and none has yet to reply. They keep saying they're reviewing all the applications. Also, he's having a hard time just leaving his current work since he's working in the same place as his step-dad and no one there can do his position without extensive training first (yes, he should be getting paid more then if that's the case, but it's hard when family is there because people think it's biased).
 
Hi Eledhril,

looks like your husband is in a quite difficult position with his job situation. However, now it looks a little more likely to me that you may be able to claim "housing income" ... you may have a valid argument that your husband gets paid less because of the family relationship at work but can live with him for a reduced rental rate with his family ... something like that, if his step-dad is in a supervisory position that decides your husband's salary. I'm just thinking out loud, might still be a stretch. Perhaps if your rental rate is much lower than comparable rental rates ...

I suppose "worst case" you need to approach your in-laws again for sponsorship. They need to understand that their daughter in law can get deported, possibly can't return to the country for a while, and chances are their extensively trained employee, being your husband and your in-law's son, will go with her wherever she goes. If they understand that, I have to believe it will be more important to them than not wanting to show their finances.
 
It's quite sticky. It's amazing how it got this messy from such a mistake as forgetting a piece of paper.

Do joint sponsors have to be living in the same state? I have relatives in California that I might be able to ask, although I haven't seen them in about 7 years.
 
From I-864,

A joint sponsor can be any U.S. citizen, U.S. national, or lawful permanent resident who is at least 18 years old, domiciled in the United States, or its territories or possessions, and willing to be held jointly liable with the petitioner for the support of the intending immigrant. A joint sponsor does not have to be related to the petitioning sponsor or the intending immigrant.
 
Someone mentioned my husband should get a better paying job. Well, he has applied to several different ones in the past 2 months and none has yet to reply.

Keep applying. It takes exactly one person to say yes.

Look, the poverty guidelines aren't exactly onerous. $17,200 a year translates to around $8/hour, which isn't much more than minimum wage. If someone came to me wanting to marry one of my daughters who couldn't even manage this much, I'd tell him he was trespassing and not to try such a stunt again.

Snide comments aside, his lack of income is an ominous sign for your marriage and you need to work together with your husband to ensure that the two of you become independent adults. And while love is so much more than money, financial independence is a key part of adulthood. What is your husband's education? His skills? Why can't he get a job paying $8/hour? Can he a get a second, part-time job?

I don't mean to say this to beat you (or him) up, but the income situation needs to be resolved, and hitting someone up for the affadavit of support or a gift of a substantial amount is not going to resolve the situation. Your marriage depends on it.

he's working in the same place as his step-dad and no one there can do his position without extensive training first

If that is the case, then there is no way that someone holding such a position could not make more than $8.25/hour. Sorry, I don't believe it. One of two things is true - either the position requires no special skills, or he is being woefully underpaid. Which of the two is the case I cannot tell you, but it is one or the other.

I will point out that I would be a woeful failure as a father if I was to hold my children back in a poverty-wage job to the extent that their marriage failed, even if the job is specialized. So his stepdad needs to be a man and a father and let him move forward, and your husband needs to be a man and get in a situation where he can adequately support his family.
 
He is making $8/hr, 40 hrs/wk and sometimes even overtime. $8/hr, 40hrs/wk, 12mths/yr comes out to about $15360 before taxes.

Yes, that's why he's been applying for jobs so he can have a second job.

His step-dad is not the one who decides what to pay him. He is a supervisor there, but another, higher-ranking supervisor decides the wages. My husband has been asking them for a raise but they won't give it to him. The person who had his position before was getting paid $9/hr. He asked why he wasn't getting paid the same and they said it's because he already had a raise when they promoted him to this position. He started at $7. He told them he would walk out because of that, but his step-dad kinda talked to him and said it would take them weeks to find a person to replace him, plus longer to train him. The minimum wage here in Arizona was raised to $6.25 just this year. It used to be $5.15. So some employers think that $8 is good enough. I was getting paid the same when I was working at Helzberg Diamonds back when I still had a work permit.

We were doing more than fine financially when we were both working and we're doing great now that it's just him. I'm not complaining about that. We're paying bills and are able to buy things we want no problem with plenty of leftover to be more than comfortable. The only thing holding us back is the immigration requirement. Maybe some would say that it's only because we live with my in-laws that's why we have it easy and that we should ideally have our own place, etc. But the reason we're living here is because we're trying to look out for my husband's mom who has a mental illness. Us living here is helping her out a lot and my brother-in-law was the one who talked us into staying here after their mom tried to kill herself. And yet, even though we are helping her out, they are selfish people and very private about their lives and only grudgingly co-sponsored me the first time. That's why I highly doubt they'll help us again. But I can't just say "well, forget it, if they're not helping us, I'm not helping them anymore.." because if something happens to his mom, then that's gonna be on my conscience. I'm not trying to tell my life story but just to show my situation is more complicated than I let show.

It's weird, but logically if both my husband and I can work, we'd so easily meet the poverty guideline and exceed it. But the laws assume that the immigrant would not work at all and would be solely dependent on the petitioner. Just a thought.
 
his step-dad kinda talked to him and said it would take them weeks to find a person to replace him, plus longer to train him.

I don't doubt that, but a lot has to do with the crappy wage that they are offering. You didn't answer my question - is there something in his education or qualifications that prevents him from getting a good paying job?

So some employers think that $8 is good enough. I was getting paid the same when I was working at Helzberg Diamonds back when I still had a work permit.

There's more to life than making minimum wage.

But the reason we're living here is because we're trying to look out for my husband's mom who has a mental illness. Us living here is helping her out a lot and my brother-in-law was the one who talked us into staying here after their mom tried to kill herself.

Let me get this straight - you're helping out mentally ill relatives and sacrificing your own well-being and those ingrates are unwilling to sponsor you, and the stepdad is guilting your husband into staying in a dead-end minimum wage job? I think you and (more importantly) your husband need to start setting some boundaries in your relationships.

because if something happens to his mom, then that's gonna be on my conscience. I'm not trying to tell my life story but just to show my situation is more complicated than I let show.

Your mother-in-law is a travel agent for a guilt trip. I recognize that your situation is more complicated than average, but you need to start creating an independent life for yourselves outside of your parasitic in-laws.

But the laws assume that the immigrant would not work at all and would be solely dependent on the petitioner. Just a thought.

That's true, but in fairness it is an exceptionally low hurdle to cross. If your husband cannot do it alone, I seriously question his ability to provide for your family.
 
Eledhril, sorry about your complicated family situation and I hope you'll find your way through this. By the way, you sound too smart (certainly too eloquent) to settle for a $8 per hour job. I'd have to agree with TheRealCanadian's sentiment that you can't just keep giving in life. Looks like it's important for you to be there for your in-laws so they should be there for you too.

With $8 per hour, 40 hrs/wk and 52 weeks I calculate $16,640 per year plus overtime. The poverty guidelines for 2 persons is $17,113, only about $500 higher. Am I missing something? Do you have dependents?

By the way, if the immigrant is authorized to work, his or her income can be included.
 
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