What is my current status here ????????

E

ema76

Registered Users (C)
I am applying for adjustment of status and they're asking my current status. What should I write down, knowing that I overstayed for 4 years ??!!
 
ema76 said:
I am applying for adjustment of status and they're asking my current status. What should I write down, knowing that I overstayed for 4 years ??!!
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Did you enter the US legally or illegally? If you entered the US legally, you can write the visa that you used to enter the US and then you can write "overstay" next to the name of the visa as your current status. For example, if you entered the US as a F-1 student and you have overstayed, you can describe your status as "F-1 overstay". If you didn't enter the US legally, I don't know how to describe your status. You should probably call the USCIS National Customer Service Center to get the answer.
 
I entered legally, as a visitor.
Another question : what are exactly immigration procedure ? The question is asked on the I-130 and I am not sure about that, because, this last time I entered the USA, an ins officer took me aside for "questioning" (because that was the third time I came in the us, in a short peroid of time), so I don't know what should my answer be ????
 
ema76 said:
I entered legally, as a visitor.
Another question : what are exactly immigration procedure ? The question is asked on the I-130 and I am not sure about that, because, this last time I entered the USA, an ins officer took me aside for "questioning" (because that was the third time I came in the us, in a short peroid of time), so I don't know what should my answer be ????
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Hi Ema,

Now I know that you entered the US leagally as a visitor. But did you use a visa waiver program or a B-2 visa? And I don't know which question on I-130 you are referring to. Could you please write the question so I might be able to asnwer it?
 
Hi,
I entered the us on a visa waiver pilot program, that allows the stay for 90 days, and no more.
My second question was on the I-130 form, question 16

Has your relative ever been under immigration proceedings ?
No Yes Where______________ When___________

Removal___ Exclusion/Deportation_____ Recission____ Judicial Proceedings_______

When I came this last time, an ins officer took me aside to ask me some question, and that is why I was wondering if THIS is an mmigration proceeding ??
Thanks for your input.
Ema.
 
your answer should be NO

ema76 said:
Hi,
I entered the us on a visa waiver pilot program, that allows the stay for 90 days, and no more.
My second question was on the I-130 form, question 16

Has your relative ever been under immigration proceedings ?
No Yes Where______________ When___________

Removal___ Exclusion/Deportation_____ Recission____ Judicial Proceedings_______

When I came this last time, an ins officer took me aside to ask me some question, and that is why I was wondering if THIS is an mmigration proceeding ??
Thanks for your input.
Ema.
Click to expand...

Ema, You have never been under the immigration proceeding.
If you were – you would know for sure whatever or not you went to court pledging an immigration judge not to deport you, won’t you? :rolleyes:
Check NO.
;)
 
Thank you Jane very much. It is really confusing !! :eek: I have another question (so many forms, so many questions ;D ) : if my husband doesn't meet the require 125% of poverty guide, is it a problem if my sister-in-law is another sponsor ? I mean, does INS see that as a reason to refuse the application ?
Thanks for your answer.
Ema.
 
No that is not a problem at all. As long as she is a citizen or LPR, she can become a co-sponsorer.
 
more information for you

yes, your sister-in-law can be a joint sponsor, if she sings a separate affidavit of support and meets the required 125% of poverty guide all by herself (or together with her own family members).
She cannot combine her income with your husbant's to meet the income requirement.

here is another good link abut affidavits of support :
http://uscis.gov/graphics/publicaffairs/factsheets/affaqa.htm
 
Here's the thing : my husband does not meet the require 125% of poverty line just with his job ; but he is also self-employed, but most of his jobs are not "taxable". I mean that he do remodeling jobs, but most of people pays cash or check, but on his name, not the name of the company. He got also a bank account on the name of the company, is it enough or... What with that ? And also, if my sister-in-law do the joint-sponsorship, is she has to file the I-864 or the i-864A ???
Thanks for your input.

Ema.
 
And I still don't know what to put for the question about my status ?? Should I put : Visitor-Overstayed ??? Or maybe Unlawful ??? I am so confused... :(
That is on the form I-765 Question 15.
Thanks !!

Ema.
 
ema76 said:
Here's the thing : my husband does not meet the require 125% of poverty line just with his job ; but he is also self-employed, but most of his jobs are not "taxable". I mean that he do remodeling jobs, but most of people pays cash or check, but on his name, not the name of the company. He got also a bank account on the name of the company, is it enough or... What with that ? And also, if my sister-in-law do the joint-sponsorship, is she has to file the I-864 or the i-864A ???
Thanks for your input.

Ema.
Click to expand...

Ema, did you read my post above?
Your sister-in-law cannot file I-864A, she must file I-864 and meet the poverty level all by herself.

The I-864A is a Contract Between Sponsor and Household Member and has to be used in conjunction with Form I-864, when a sponsor is using the income or assets of one or more household members in order to meet the income requirements.

Your sister-in-law might file I-864A only if she lives with you and was a member of your household for at least 6 month.
You can also file I-864A yourself, if you have an income and if your and your husband’s combined income will take you above the 125% of the poverty line.

Otherwise, your husband has to file the I-864 affidavit, even though his income alone is not enough. It’s going to be fine since you have a co-sponsor. Just show husband’s present income and that he paid his taxes for the last three years.
Your sister-in-law has to file I-864 as a joint sponsor and she must individually meet the 125 percent of poverty line requirement based on her household income and/or assets.
Hope it’s clear now.
 
Last edited by a moderator:
Yes, yes, yes Jane, I read your post above :o
I just wanted to be sure that my husband doesn't meet the criteria so that his sister can file as a joint-sponsor... Do u maybe know how can we be sure that he doesn't meet the 125%..., is that when we file the form and make all the additions or,...

Thanks !!

Ema.
 
ema76 said:
And I still don't know what to put for the question about my status ?? Should I put : Visitor-Overstayed ??? Or maybe Unlawful ??? I am so confused... :(
That is on the form I-765 Question 15.
Thanks !!

Ema.
Click to expand...

Hi Ema,

I think you should call the National Customer Service Center to get the right answer for it. You might not want to call them because of your current status. But I still think that you need to call them or find an immigration lawyer to get the correct answer.

And since you entered the US by using a visa waiver program, I think you need to file I-485 Supplement A, also. Usually people who enter the US by using a visa waiver program are not allowed to change their status inside the US. However, if they marry to an American citizen or a green card holder, they are allowed to change their status by paying the penalty fee ($1000).

But I'm not really sure if you need to pay the fee so you need to call the National Customer Service Center and ask if you need to file the form :(
 
ema76 said:
Yes, yes, yes Jane, I read your post above :o
I just wanted to be sure that my husband doesn't meet the criteria so that his sister can file as a joint-sponsor... Do u maybe know how can we be sure that he doesn't meet the 125%..., is that when we file the form and make all the additions or,...

Thanks !!

Ema.
Click to expand...
Ema,
Look in a chart below. For two people the current poverty line is $15,612.
Add all his earning for the last year (W-2’s, 1099’s etc), or I you already filed last year’s taxes – check your return.

2004 POVERTY GUIDELINES*
Minimum Income Requirement for Use in Completing Form I-864
Sponsor's Household Size ...100% Poverty Line... 125% Poverty Line
2 .................................12,490 ...........................15,612
3 ....... .........................15,670 ...........................19,587
4 .................................18,850 ...........................23,562
5 .................................22,030 ...........................27,537
 
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