this may give you a headache,, but pls help

[we are unsure]

i am fililing permanent residency for my husband
we are married now for three and a half years. we have two kids together 8 and 3yrs old. i am concerned about my background check which may contain traffic violations , and assult charge which was 3rd degree misdemenor, and possibly another charge where i was at the time recieving public assistance, and i started a job but i didnt not disclose this in a timely manner, and i was fined or on probation for all these at that time. All are more than ten years old. )I dont know if these may affect the process in any way. I am the citizen here in U.S. My husband on the other hand entered U.S legally on a student visa and overstayed his visa. He did just graduate from college last year but i believe his visa expired may 2005.-and has been working with out work authorization to help support our family. What are the consequences? I heard you will just have to pay a fine for over staying your visa, but i dont know how true! should we hire an atty to help with this? we are not hiding anything, we just have a few issues we are concerned that may either cause us to get a denial or make the process longer!!! also i am concerned about my income, on one of the forms i864 i believe said i could use my spouses income also is this true even if he was not authorized to work? pls help thanks

 

[trawal]

Hiring an Attorney would be a best bet as he is the only one who can find loop hole.

 

[TheRealCanadian]

i am concerned about my background check which may contain traffic violations , and assult charge which was 3rd degree misdemenor, and possibly another charge where i was at the time recieving public assistance, and i started a job but i didnt not disclose this in a timely manner, and i was fined or on probation for all these at that time.

The only risk is that the Adam Walsh Act may be an issue regarding your assault charge. USCIS might be afraid that you will abuse your spouse, but since this is so far in the past it should not be an issue. Beyond that, your criminal history is irrelevant.

I heard you will just have to pay a fine for over staying your visa, but i dont know how true!

No, you are confusing this with 245i. As the Immediate Relative of a US citizen, there is no fine, and his overstay and illegal employment has no negative consequences.

should we hire an atty to help with this? we are not hiding anything, we just have a few issues we are concerned that may either cause us to get a denial or make the process longer!!!

You don't need an attorney, but you may want to schedule a consultation with one with a list of questions (namely about your criminal history) to be sure. I wouldn't spend more than $200 on this.

also i am concerned about my income, on one of the forms i864 i believe said i could use my spouses income also is this true even if he was not authorized to work?

No. Income from unauthorized employment cannot be used to meet the income requirement for the affadavit of support. Concentrate on getting your income up, or find a co-sponsor.

 

[we are unsure]

thank you that was very helpful!

 

[woodenshoe101]

Hiring an Attorney would be a best bet as he is the only one who can find loop hole.

What loop-hole is there to find?

If USC has no outstanding warrants there should be no problem sponsoring a GC applicant (if the applicant has this track record, it would be a different story) especially if the charges are over a decade old. The assault charge would be the main thing IF something would be said, as they may fear a repeat, but still it's a decade ago.

He did just graduate from college last year but i believe his visa expired may 2005.-and has been working with out work authorization to help support our family. What are the consequences? I heard you will just have to pay a fine for over staying your visa, but i dont know how true! should we hire an atty to help with this? we are not hiding anything, we just have a few issues we are concerned that may either cause us to get a denial or make the process longer!!! also i am concerned about my income, on one of the forms i864 i believe said i could use my spouses income also is this true even if he was not authorized to work? pls help thanks

If your husband was married to you while in school it doesn't matter if his visa expired. (judging by the timeline you present here, you are probably fine)

Work without authorization will be forgiven for a marriage-based GC application, but you CANNOT count his income towards the income limit on I864. If you can't meet that limit by yourself ($26500 for a household of 4) you need to find a co-sponsor.

Edit: slow again.... 2 for 2 today...

 

[we are unsure]

Thanks for repsonse this board is very helpful i appreciate that!
What if i anticipate my income to meet the criteria for this year, but not in the past two years? My dad said he could sponsor if we need him but he does not live in my household, and he lives alone, and now retired with a regular paying job. Would it be my income plus my dads, or would it be my fathers income alone since he meets the income criteria... Thanks for all responses! would my dad and i both still need to fill out an i 864 form? or would it be my dad and my husband who need to go through the whole process?