I Got a RFE today :(

[SilentJester 0]

Illegal work is forgiven, Illegal Presence is not, unless you qualify for a waiver and have one approved. Adjustment of Status is legal on a tourist visa...but not the way you are doing it. I'm not trying to be rude here...it's just how it is.

[~Laura and Nick~ 5]

dunno how much you know about all this but you can adjust status from overstaing once you merry USC

Yes, you can IF you are in the States legally!!!! You are not.

Say you came over on a work visa and you met someone, married and adjusted status. That would be fine.

YOU ARE HERE ILLEGALLY AND WORKING ILLEGALLY...I don't even know what else to say to make you understand.

Your logic is the equivalent of calling the police to report your drugs being stolen.

READ AGAIN what you posted....

If certain conditions are met, the intending immigrant's income can help you meet the income requirement. If the intending immigrant is your spouse, his or her income can be included if it will continue from the same source after he or she obtains lawful permanent resident status.

Meaning, if you were living in your own country earning money, that money could be put towards it, as long as you do NOT earn money illegally in the U.S. before becoming a LEGAL permanent resident.

This makes me angry.

Edited February 13, 2008 by ~Laura and Nick~

[Minya's wife 24]

"Can the Intending Immigrant HelpMe Meet the Income Requirements?"

If certain conditions are met, the intending immigrant'sincome can help you meet the income requirement. If the intending immigrant is your spouse, his or her income can beincluded if it will continue from the same source after he orshe obtains lawful permanent resident status. If the intending immigrant is another relative, there are two requirements. First, the income must be continuing from the same sourceafter he or she obtains lawful permanent resident status, andsecond, the intending immigrant must currently live with youin your residence. Evidence must be provided to support bothrequirements

However, an intending immigrant whose income is being used to meet the income requirement does not need to complete Form I-864A, Contract Between Sponsor and HouseholdMember, unless the intending immigrant has a spouse and/orchildren immigrating with him or her. In this instance, thecontract relates to support for the spouse and/or children."

there is not a word about legal or inlegal , i fallowed the instructions that's all

Those certain conditions include obtaining income legally. You knew you were working without authorization, how on earth did you think that by declaring it they were going to say "OH yeah, this meets the minimum income requirements to approve the intending immigrant's green card"? It is not USCIS's job to spell out immigration law....that's already on the books and any way you look at it working without authorization is illegal! To then admit to it is careless, to say the least.

You didn't follow instructions...you ignored the portions that required further investigation.

Your first call tomorrow morning should be to a very qualified immigration attorney, who I hope you hire....there is no easy "fix" for this.

-P

[~Laura and Nick~ 5]

Meanwhile, legal and waiting AOS adjusters are stuck behind people like this.

[SilentJester 0]

http://travel.state.gov/visa/temp/types/types_1268.html#stay

You should carefully consider the dates of your authorized stay and make sure you are following the procedures under U.S. immigration laws. It is important that you depart the U.S. on or before the last day you are authorized to be in the U.S. on any given trip, based on the specified end date on your Arrival-Departure Record, Form I-94. Failure to depart the U.S. will cause you to be out-of-status. Additional information on successfully maintaining your immigration status while a student or exchange visitor can be found on the Immigration and Customs Enforcement (ICE) website.

Staying beyond the period of time authorized by the Department of Homeland Security (DHS) and being out-of-status in the United States is a violation of U.S. immigration laws, and may cause you to be ineligible for a visa in the future for return travel to the U.S. Select Classes of Aliens Ineligible to Receive Visas to learn more.

For nonimmigrants in the U.S. who have an Arrival-Departure Record, Form I-94 with the CBP admitting officer endorsement of Duration of Status or D/S, but who are no longer performing the same function in the U.S. that they were originally admitted to perform (e.g. you are no longer working for the same employer or you are no longer attending the same school), a DHS or an immigration judge makes a finding of status violation, resulting in the termination of the period of authorized stay.

Staying unlawfully in the United States beyond the date Customs and Border Protection (CBP) officials have authorized--even by one day--results in your visa being automatically voided, in accordance with INA 222(g). Under this provision of immigration law, if you overstay on your nonimmigrant authorized stay in the U.S., your visa will be automatically voided. In this situation, you are required to reapply for a new nonimmigrant visa, generally in your country of nationality.

How much clearer does it need to be made?

You are illegally present in the United States of America.

You can not adjust status to lawful permanent resident from that of illegal immigrant.

You need to talk to a very good Immigration Lawyer to help you understand this.

Let's put it this way..If my wife could have just walked on down from Canada and stayed for 8 years illegally and then just file for AOS, then why, oh why, have I spent 4 years and thousands of dollars to get her here?

Because it's ILLEGAL

[mox 298]

How much clearer does it need to be made?

You are illegally present in the United States of America.

You can not adjust status to lawful permanent resident from that of illegal immigrant.

You need to talk to a very good Immigration Lawyer to help you understand this.

Let's put it this way..If my wife could have just walked on down from Canada and stayed for 8 years illegally and then just file for AOS, then why, oh why, have I spent 4 years and thousands of dollars to get her here?

Because it's ILLEGAL

The OP is not going to listen. He is looking for that magic bullet. He will keep re-arranging his question and quoting this and that, thinking that finally some magic fairy is going to pop in and say "oh, just fill out form ID-10(T) and *poof!* you are legal!"

OP, stop posting and get yourself an attorney. You are in a bad situation of your own making and nobody here can help you.

[kim&james 0]

The OP can adjust his status based on his marriage to a US citizen, same as anyone adjusting from other visas. He did not enter the US illegally since he was admitted to the country through customs and immigration, no matter how long he overstayed his visa. He is out of status.

He does not need a waiver or anything else to file to adjust his status. I ask for those who are just being absolutely horrible in this thread to please stop it. Any new members reading this would be horrified by some of the suggestions given in some posts.

The problem now will be whether or not just sending in a new I-864 with a co-sponser will work which I believe was the original question. I do not know, you should be able to, however a consult with a immigration attorney to see whether or not your original one and the contents of the RFE including the unauthorised work that you have done, will affect your case is a good suggestion. Do this as soon as possible.

[~Laura and Nick~ 5]

The OP can adjust his status based on his marriage to a US citizen, same as anyone adjusting from other visas. He did not enter the US illegally since he was admitted to the country through customs and immigration, no matter how long he overstayed his visa. He is out of status.

He does not need a waiver or anything else to file to adjust his status. I ask for those who are just being absolutely horrible in this thread to please stop it. Any new members reading this would be horrified by some of the suggestions given in some posts.

The problem now will be whether or not just sending in a new I-864 with a co-sponser will work which I believe was the original question. I do not know, you should be able to, however a consult with a immigration attorney to see whether or not your original one and the contents of the RFE including the unauthorised work that you have done, will affect your case is a good suggestion. Do this as soon as possible.

First of all, we have no idea if he really was even in the States on a visa at all.

He says he came here legally, what do you wanna bet that's a lie too?

You can't honestly believe that a person would go through the trouble of getting a legal visa to enter the country and then turn right around and stay 8 years beyond his time? I doubt that highly.

He has been living and working illegally in the states and he just gets excused without waiver or penalty? You must be joking.

So you are telling me that I can just waltz on down to the States and stay illegally, work illegally and then bam, adjust whenever I feel like it?

Hmm...interesting.

What the heck am I doing this legally for then?

I hope that people DO see this in the future and get scared, so scared they won't do the same stupid thing!

Edited February 13, 2008 by ~Laura and Nick~

[mox 298]

The OP can adjust his status based on his marriage to a US citizen, same as anyone adjusting from other visas. He did not enter the US illegally since he was admitted to the country through customs and immigration, no matter how long he overstayed his visa. He is out of status.

He does not need a waiver or anything else to file to adjust his status.

My understanding is completely contrary to what you're saying. In fact, it sounds like it's completely contrary to what a lot of people understand. The immigrant's marriage does factor in, but he still needs a waiver and he still needs to re-enter legally. He is here illegally, he is working illegally, there is absolutely no basis or route through which he can obtain status until he is legal again.

I ask for those who are just being absolutely horrible in this thread to please stop it. Any new members reading this would be horrified by some of the suggestions given in some posts.

I haven't seen anyone being horrible. The OP keeps asking the same question over and over, and when people give him an answer that he doesn't want to hear, he argues. Given the circumstances I think a lot of patience has been shown here.

The problem now will be whether or not just sending in a new I-864 with a co-sponser will work which I believe was the original question. I do not know, you should be able to, however a consult with a immigration attorney to see whether or not your original one and the contents of the RFE including the unauthorised work that you have done, will affect your case is a good suggestion. Do this as soon as possible.

I guess I spoke too soon. Someone did give the OP the answer they're looking for. At least we're all agreed he should seek an attorney. I believe that attorney will a) take his money gladly and b) tell him what everyone else has told him, but I guess it's better than not knowing.

Best of luck to the OP. I would wish him well in this process, but that would be lying. I have to wait almost an entire year (maybe more, I'm not all the way through yet) for my SO to come here legally. If I thought for a second I could bring her here illegally and then adjust status, I'd do it in a heartbeat. But that's not gonna happen because that's not how it works.

I do wish the OP well in following a legal route, and I hope he is able to work out a way to re-enter legally and be with his wife that way. But as everyone has suggested, he really needs to get that attorney thing started now.

Edited February 13, 2008 by mox

[kim&james 0]

My point is.. you all keep going on about how he is here illegally... HE IS NOT. It does not matter if he was here 1 year overstay or 20 years overstay, it is not illegal. His entry into the US was documented and with his marriage to a US citizen he is able to adjust his status. If he leaves the country then yes he will have to file waivers and so forth to overcome the ban, and if he gets denied his AOS then there is no recourse and he will be put into deportation procedings but he is still able to try to adjust his status.

Whether it is right or wrong.. each case is different and dont think for a minute that I didnt think about it while I was waiting my time out overseas. But it is risky to do so.

[truffles 2]

Just to refresh Kim& James the OP's remark was

"i just got a RFE for my I-485 and waht is says :

For the household member's income to be included in the household income, the household member income must been from a lawful source and ernded while the household member was authorized to work in USA (with i wasn't)"

The clue was there in his own words LAWFUL SOURCE.....so how he can deny that it was even mentioned is beyond me....i understand what your saying is he is out of status ...but what about about out of status AND illegally working?

Does not bode well - and frankly makes a mockery of the whole procedure.

[hgill 0]

OP's stories are getting mixed up. Sometimes he says he overstayed, other times he says he has a valid visa, but an expired passport.

This is from his Profile:

Did thay ask for you passport at 1st interview

how many of you ware asked for your passport at your first interview ??

i do have a passport that is expired with valid US visa in it . Now, i did not apply for travel permmision bc im not planing to go anywere. will that still need my passort to stemp me something there ???

Not sure what he's looking for, but the answer isn't here unless the truth is.

[JessiPooh 0]

i come in here legally and overstayed. my question is what i do when i can't poof that i work here legally can i just submit another I-864 with my wife and co-sponsor to fix the problem ?

I'm really not sure what you can do but maybe you can resubmit the I-864 with your wife and a co-sponsor (not you)....

That's just what I think they can't do....by submitting a new I-864 only will still leave this RFE they got will unanswered thereby triggering a denial of the application.

True....I think they really need to consult an attorney or just call USCIS like someone else suggested. Luck.

[JessiPooh 0]

My point is.. you all keep going on about how he is here illegally... HE IS NOT. It does not matter if he was here 1 year overstay or 20 years overstay, it is not illegal. His entry into the US was documented and with his marriage to a US citizen he is able to adjust his status. If he leaves the country then yes he will have to file waivers and so forth to overcome the ban, and if he gets denied his AOS then there is no recourse and he will be put into deportation procedings but he is still able to try to adjust his status.

Whether it is right or wrong.. each case is different and dont think for a minute that I didnt think about it while I was waiting my time out overseas. But it is risky to do so.

Okay well eventhough he is not illegaly here he WORKED ILLEGALLY and thus the RFE. We were all just trying to understand his background before we gave any advice....Again his best bet is to consult an attorney or call USCIS.

[*JG* 2]

The OP can adjust his status based on his marriage to a US citizen, same as anyone adjusting from other visas. He did not enter the US illegally since he was admitted to the country through customs and immigration, no matter how long he overstayed his visa. He is out of status.

He does not need a waiver or anything else to file to adjust his status. I ask for those who are just being absolutely horrible in this thread to please stop it. Any new members reading this would be horrified by some of the suggestions given in some posts.

The problem now will be whether or not just sending in a new I-864 with a co-sponser will work which I believe was the original question. I do not know, you should be able to, however a consult with a immigration attorney to see whether or not your original one and the contents of the RFE including the unauthorised work that you have done, will affect your case is a good suggestion. Do this as soon as possible.

I don't quite understand why you say they are saying absolutely horrible things in this thread. Most are telling him to get the qualified immigration attorney he is going to need.

He's here on a very long overstay, has been working illegally, and has now told by filing AOS? The solution to this problem is not going to be as easy as you make it sound.