Visa Waiver Expired - Hlp

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whittinghamj

New Member
Good Afternoon Everyone.

I would just like to say that you guys really know your stuff after me spending a few hours readig the posts - great job everyone.

Ok, I am looking for some advice as I am in a VERY messy situation.

I came over to the USA on May 31st 2004 to get married on June the 9th which happened without any hitches.

I came over here on the VSIA WAIVER program which only lasts 3 months and expired like 5 months ago.

I have been married since June the 9th and with looking after my two new step sons and dealing with my pregnant wife have totally lost track of myVISA's both work and residencey. Not to get into the money side of filling these papers.

As fare as I can work ou its going to cst e aroun $1000 to file all the forms and THEN the costs for a docor's visit and exam.

The issues I have are as follos,

I am here without legal papers.
I have not filled anything yet while being 4 months past my exp date on my work visa.
We cannot afford the fee's for the paper work and doctor's visit as my wife only works part time and is now off from work to have my first baby and I cannot ork due to the visa'a needed.

Its a catch22 and i cannot get out of it I need the job to pay for my VISA's but I need my VISA'as to be able to work.

Can anybody shed some light on my dark situation please. Any advice would be very greatfully received.

Please post your replies here on the message board or feel free to email me at jamie.whittingham@section-nine.org

Thank you for any advice in advance.

Kind Regards

Jamie + Leah

Just in case it helps - we live in the state of Tennessee
 
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- retain an immigration attorney to fix your messed up situation
- retain an immigration attorney to fix your messed up situation
- Don't post your name here.
- you are talking about entering on a visa waiver on one hand and a 'work visa' on the other. So what do you have ?
 
I came to the USA on the visa waiver program. I dont a work visa and my visa waiver has exp a few months ago - so as I would put it am here on borrowed time.

I need a work VISA to help pay for the fillng fees
but
I need the work VISA to be able to work.

Its a nasty curcle which I cannot get out of right now.

Thanks for your reply.

Kind Regards

Jamie + Leah
 
I guess I am risking to sound boring here, but sometimes repetition helps to bring your message accross:

- retain an immigration attorney to fix your messed up situation
- retain an immigration attorney to fix your messed up situation

You say that you don't have money to file your papers. In some cities with many immigrants there are community organizations for inept immigrants who help you to understand the law and help you to file the requisite paperwork if you can't afford an attorney.

There is no 'work visa' you can file for. You have profoundly f#(&*ed up your situation by overstaying your visa waiver. When you came here, ALL THE FREAKING DOORS INTO THIS COUNTRY WHERE OPEN TO YOU. By overstaying your visa you have closed all of them but one

In a nutshell, this is what you and your wife have to do: (I assume your wife is a US citizen, otherwise you have no chance to fix your situation)

- she has to file a form I130 immigrant petition for family member in the category 'spouse'. This is filed with your local USCIS office (see website)
- you have to file form I485 'application to register as permanent resident or to adjust status'.
- your wife might have to file an 'affidavit of support' explaining that she can take care of you and has an income 125% of federal poverty level (I am not sure, but this might not apply for spouses)
- you have to file some special form whose number escapes me that indicates that you are seeking benefits according to INA 245i. This is the section of the law that allows you to file for permanent residency even though you have so far broken every immigration law this country has just based on the fact that you managed to find a wife.
- you have to pay a $1000 penalty
- You have to file form I765 'application for permission to accept employment'

When you file all this stuff, be sure to put a postal address of someone you can trust on it and who has your name on his mailbox. This person should own the house and not have plans to move.

After a couple of months you will be receiving a letter asking you to come to something called 'Application support center'. There, you will have to give some fingerprints and have a digital picture taken. After a couple of months you should receive an employment authorization document valid for 1 year. After 8 months, you have to apply for a new employment authorization until you get your green card. After 2-3 years you should get your green-card.

In the meantime:
- Under no circumstances you should leave the country. You will be denied re-entry.
- Under NO CIRCUMSTANCES YOU SHOULD DRIVE DRUNK, BEAT YOUR WIFE OR STICK UP A LOCAL CONVENIENCE STORE. You will be arrested and deported.

(one personal question: why did you think it was a good idea to do all this ?)
 
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