Worried and out of options

[lostinspace]

I came here 6 yrs ago on an L1 Management transfer visa and then after a year or so applied for I485 in Miami. Then last year my USC boyfriend proposed and I left my job and moved to his native Minnesota. A month prior to our marriage, my interview date came through and I sent them a letter withdrawing the case explaining that I was getting married etc. They then replied some time later to my old address stating that they had declined my case as I was a no show, and hadn't contacted them! I was advised to just ignore this and proceed with my new I130 (husband couldn't afford the cost of I485 at that time) Since then, money has been terrible. His sales job is producing no money, and I can't legally work, we can't file as we don't have the money, and even though he is applying left and right for jobs, the situation is now dire! My husband is previously divorced and has two school age children who live with us for half the week, and this will add to the amount of money he will be expected to show on his W2 for this year (which will be minimal) I have maxed out my savings and credit cards trying to support us so far - and am now broke. When (and if) we are back on our feet, will I be denied a GC based on his incredibly low earnings for this year? We don't have anyone to sponsor us, and both sets of parents have already helped us financially a little to date. I feel useless as this is a great man, but he doesn't seem to get how crucial this situation is, and believes that immigration can't tell him who he can and can't marry. Me, on the other hand, can't sleep at night as I wonder how far down this road of living with the man I love and the children I have fallen in love with - will I be told - sorry, but you have to leave the country, regardless of how much of a family you are. I have never been married before, and having just turned 40, I am so frightened of losing my family. All I want is to wake up without the cloud over my head and go to work like everyone else. I have done everything legally and correctly, not tried to work under the table, even though we could desperately use the money.
Does anyone have any thoughts on a possible option to the denial that I can see in our future?
Thank you so much........

 

[Jackolantern]

Sorry, I have no good words for your situation.

The only positive from your story is that it serves as a warning to others of what NOT to do. You had your chance and squandered it.

 

[techbuyer77]

Can't you guys get a cosponsor, in case your husbands earnings are not enough?
There are several charities that offer free legal advise to people in situations like yours. If you can't afford a lawyer PM and I will give you the name of a couple of organizations, you can get in tocuh with the branch in your area and get free legal advise.
Best wishes.

 

[lostinspace]

I don't understand what you mean by "You had your chance and squandered it" I had been working for my Company for over 4 years, with no timeline from Miami as to when I would be up for interview as they don't post for work-based I485's. Infopass visits wouold merely inform me that they would get to me eventually. My last visit was just before I decided to move, and again no news, now hope...just told to wait.

It was just pure bad luck and even worse timing that the interview came through soon after I had relocated to plan our wedding!

 

[Jackolantern]

I don't understand what you mean by "You had your chance and squandered it"

1. You left your job and became out of status 2. You told USCIS you were withdrawing the case, rather than going to the interview or attempting to reschedule it.

You had the chance to get a green card, but didn't do the things to make use of that chance.

 

[Jojojolie]

I came here 6 yrs ago on an L1 Management transfer visa and then after a year or so applied for I485 in Miami. Then last year my USC boyfriend proposed and I left my job and moved to his native Minnesota. A month prior to our marriage, my interview date came through and I sent them a letter withdrawing the case explaining that I was getting married etc. They then replied some time later to my old address stating that they had declined my case as I was a no show, and hadn't contacted them! I was advised to just ignore this and proceed with my new I130 (husband couldn't afford the cost of I485 at that time) Since then, money has been terrible. His sales job is producing no money, and I can't legally work, we can't file as we don't have the money, and even though he is applying left and right for jobs, the situation is now dire! My husband is previously divorced and has two school age children who live with us for half the week, and this will add to the amount of money he will be expected to show on his W2 for this year (which will be minimal) I have maxed out my savings and credit cards trying to support us so far - and am now broke. When (and if) we are back on our feet, will I be denied a GC based on his incredibly low earnings for this year? We don't have anyone to sponsor us, and both sets of parents have already helped us financially a little to date. I feel useless as this is a great man, but he doesn't seem to get how crucial this situation is, and believes that immigration can't tell him who he can and can't marry. Me, on the other hand, can't sleep at night as I wonder how far down this road of living with the man I love and the children I have fallen in love with - will I be told - sorry, but you have to leave the country, regardless of how much of a family you are. I have never been married before, and having just turned 40, I am so frightened of losing my family. All I want is to wake up without the cloud over my head and go to work like everyone else. I have done everything legally and correctly, not tried to work under the table, even though we could desperately use the money.
Does anyone have any thoughts on a possible option to the denial that I can see in our future?
Thank you so much........

Hi Lostinspace,
Don't be so lost, 'cause it's never too late in life and where's there's a will there is always a way. However, it would have been much easier for you if you had gone to the interview...
Now, about the co-sponsor, don't worry too much, it does not have to be a relative, it could be any US citizen or Permanent Resident with a steady job who filed his or her 2006 Tax Return and can show they can support your household. (Take a look at form 864-P for the Poverty Guideline on USCIS Web Site).
I am sure that at your boyfriend's job somebody can help, even if it's for money (hey).
Think about it, you should find somebody that can and will help you as well.
Anyways, hope that my input will guide you.

 

[lostinspace]

Thanks to all for posting replies.

Techbuyer: I would be very grateful if you could forward any contacts in the minnesota area that I could speak to, thank you.
Jackolantern: I was told by a lawyer at the time to withdraw my case and not to attend the interview. Reason being is that I was no longer employed with Company, he also advised the filing of I130 as I was only out of status for 1 day (literally). I also had no way of knowing when my interview would be, it has already been four years and with no timeline given for employment based I485's at Miami, despite infopass appointments. Marrying my husband wasn't a spur of the moment decision, as we had done the long- distance dating for quite some time. But I am incredibly unlucky in that the interview date came through as I was getting married!
JoJoJolie: Thanks for your input. I can't think of anone to co sponsor me at this point, as I am in a new state and have been a housewife all year, so really don't know many people, but my husband and I will certainly try to find someone.

 

[LucyMO]

well, if you want to legalize, you have to file for AOS. That's it. There are no other options.

 

[Amerikanus]

When (and if) we are back on our feet, will I be denied a GC based on his incredibly low earnings for this year?

That's quite possible.

I feel useless as this is a great man, but he .... believes that immigration can't tell him who he can and can't marry.

This is, per se, true. There is yet no requirement to verify immigration status of people who are getting married. Not to say there will never be....

will I be told - sorry, but you have to leave the country, regardless of how much of a family you are.

You may. If you get imprisoned for whatever reason (whatever, real or a police set-up), you risk them checking your immigration status, and if they will find you're an illegal, you may not be released even if the charges dropped. Instead you may be put into a detention house and send to home country.

I have done everything legally and correctly,

I disagree: You are out of status as of now, I assume.


Advice: First, enlighten your spouse of your situation to the full extent. Make sure he realizes that you have a clear and present danger of being deported if not setting your immigration status straight in near future. Make sure he's ready to support you. Find a way to get sponsorship, by whatever means.

NB: your mistake was abandoning the I-485. That's the root cause. That said, past is past, and the main question is not whom to blame, but what to do now.

 

[bbqchickenrobot]

You guys can get a loan of some sort for the application. There are the conventional bank avenues and then you can try alternative financing with things like www.prosper.com - tell your situation and ask for the full amount + attorney fees (in my area the all inclusive fee is $1500 - $3000 - of course that was before the new filing fees so you'll have to inquire for yourself before applying for a loan) and perhaps you can get started. Does he own a house? Is there any equity in that house? If so, pull the equity out via a line or "refi" and take out the cash. You may need/want a lawyer being he is @ or below the poverty line. Which brings me to my next point...

He *NEEDS* to find a new job ASAP. There are ways to make money in this country and where there is a will there is a way. Or perhaps he needs to beg/ask his boss for a raise/salary adjustment given his situation. Either way, you guys need to figure something out or your case will surely be denied.

What is it that your husband does? Have you guys considered relocating to an area that has better job and better pay - i.e. - Atlanta, New York, Los Angeles, Las Vegas, Denver, Dallas?

You're going to have to dig deep if both of you really want this to work and make some life adjustments and when everything settles and you're a LPR you can go back... but for now, how much is it worth to you and your husband? Get your head up girl, you guys can do it!!!

 

[Immigr8]

Hello,
Sorry to hear about your situation. You do need to do an AOS asap. Right now you're out of legal status. You mentioned money is the problem. I suggest he actively looks for another job that would make him the sponsor for you.

There is no use looking at the past right now as it will not solve your problem. What is done is done. Make it your priority to contact USCIS as soon as possible to explain the situation. The longer you wait, the more problems you will encounter. You might need a lawyer to assist you since you were termed 'a no show' (despite not being your mistake) and also out of status currently.

 

[Longview]

You had your chance and squandered it.

While Lostinspace has made some poor decisions (and possibly received some poor legal advice from her attorney), I don't see how unnecessarily harsh language such as "you had your chance and squandered it" will help her out at all.

She clearly recognizes having screwed up; show a little empathy for another human being.

Lostinspace:

1) I understand your husband's personality, the "no government immigration will tell me who I can or can't marry" sentiment. And he's correct in the sense that you two can be married regardless of your immigration status. What he needs to understand is that legal marriage does not equal legal immigration, and the government can deport you even if you're his legally wedded spouse. You obviously understand the urgency of your situation, and you need to clearly share that urgency with him. Stubbornness, denial, and "head in the sand" will only lead to more problems. You have to take this head-on, with complete openness, bluntness, and understanding.

2) I know you said you couldn't find a co-sponor, but it appears as if you're going to have to find one. They don't have to live near you two; if you have friends or family back in Miami or elsewhere in the country, you can use them. Putting together a new Adjustment of Status package without satisfying the poverty guidelines won't accomplish anything other than denied application, though.

That said, past is past, and the main question is not whom to blame, but what to do now.

Well said.

 

[lostinspace]

Am I out of status with a pending I130? I thought I was OK until I could get the money together for my I485?

I appreciate the feedback from everyone, and am not looking to blame anyone for the situation I'm in. I wish the interview notice hadn't had come through at the time of my marriage, but it did.

It has taken over five years to get an interview date from them. I had no way of knowing it was going to come, it was just awful timing.

If I had gone to the interview they would have denied me outright as I was no longer with the Company. They wouldn't have cared about whether I was getting married or not, it was a work-based I485 and so attending or rescheduling would have been fraud. The legal advise given to me was to write a letter withdrawing the case, explain why, and then file the I130. All of this I have done, financial hardship (which happens sometimes in life) has thrown a huge curve ball at us, delaying the I485 application with it's new fee increase. But that said, I thank everyone for their imput and hope to find a way to proceed.

 

[lostinspace]

Thank you so much Longview for your compassion. I agree with everything you said, and my husband I think has been burying his head in the sand over this, believing that I am worrying over nothing!
I did receive lousy legal advice and am trying to put it right. I would be torn apart if I had to leave my husband and family, and I will move heaven and earth to get over this admittedly large hurdle.
Thank you for not castigating me like some of the others did. I have read plenty of posts today where others have changed status to reflect different living situations. Believe me, if we had known my interview was even close to coming up, we would have continued our relationship long-distance until it was settled.
I will act on your advice re: Sponsor somehow: thank you again.

 

[Longview]

Human beings should treat one another with empathy, respect, and compassion. You've acknowledged your mistakes, and now you're here trying to set things right; what's done is done. That aside, remember that I'm not a lawyer (I'm just a lowly school teacher).

Your first step, even before looking for a co-sponsor, is to make sure your husband understands the following very clearly:

1. Hubby (my generic nickname for husbands), I am out of status. My current presence in the United States is unlawful.
   
2. Because I am out of status, Hubby, the government legally can and will deport me if given the opportunity.
   
3. In addition, Hubby, the government can and will ban me from entering the United States for 10 years.
   
4. To prevent these consequences, Hubby, we must do everything within our power to legally adjust my status.

You've decided to face and confront your situation; you understand the consequences of inaction, and now it's time for your husband to join you.

 

[Jackolantern]

Am I out of status with a pending I130? I thought I was OK until I could get the money together for my I485?

No. I-130 does not take you from being out of status. I-485 must be filed.

It has taken over five years to get an interview date from them. I had no way of knowing it was going to come, it was just awful timing.

The awful timing was leaving the job before first filing I-130 and I-485 with your new husband.

If I had gone to the interview they would have denied me outright as I was no longer with the Company.

The problem is that you left the company without getting your I-485 approved and before filing a new I-485 based on the marriage.

You now have another chance ... do the two of you want to squander this one too? If he doesn't change to a job with some steady income that puts the household above the "poverty line + 25%" threshold, you're going to have problems with getting the I-130 and I-485 approved, and you're liable to get deported. I'm not sure exactly what source of data Immigration uses, but based on the HHS web site for a family of four that would be $20,650 + 25%, which is $25812.50. There are plenty of jobs that pay that much. You have to get him to make a decision on whether it is more important to keep that shaky sales job or to keep you legally in the US with him.

 

[Longview]

If he doesn't change to a job with some steady income that puts the household above the "poverty line + 25%" threshold,

Or find a co-sponsor.

Jack does have a point though, Lostinspace. If your husband's sales job is so flakey, perhaps he should actively seek a more reliable position while you two are working on everything else.

Edit: I was re-reading your first post, and saw where you said that your husband was applying for new positions left and right. I apologize for not having read your post fully, and retract my "flakey" comment above.

 

[LucyMO]

You guys can get a loan of some sort for the application. There are the conventional bank avenues and then you can try alternative financing with things like www.prosper.com - tell your situation and ask for the full amount + attorney fees (in my area the all inclusive fee is $1500 - $3000 - of course that was before the new filing fees so you'll have to inquire for yourself before applying for a loan) and perhaps you can get started. Does he own a house? Is there any equity in that house? If so, pull the equity out via a line or "refi" and take out the cash. You may need/want a lawyer being he is @ or below the poverty line. Which brings me to my next point...!!

DO NOT GET INTO ANY MORE DEBT THAT YOU ARE IN ALREADY!

ANd you don't need an attorney to adjust, you do need a co-sponsor, though.

 

[Jackolantern]

Edit: I was re-reading your first post, and saw where you said that your husband was applying for new positions left and right. I apologize for not having read your post fully, and retract my "flakey" comment above.

I also missed that part too. The post was all clumped up into one ultra-big paragraph, that it was hard to read and notice everything.