I need a little help

[arigin 0]

Hello,

I'm hoping that this website community can help me figure the steps to take for my husband to become at least a permanent resident in the United States. We reside in Washington and are currently going through financial problems because he's no longer legible to obtain a work permit. Therefore everything is dependent on me and I was wondering if anyone knew any steps or guidelines to take from here. We've been married for almost about two months now and need to take action as soon as possible. How long does this process usually take and how much will it cost? Would there be a minimum wage requirement for me to be able to petition for my husband? It would help us so much and it will be much appreciated. Thank you for your time.

[Delicia 1]

You should read the guides first.

There is a link in those guides to the Federal Poverty Limits and you must make 125% for 2 people in order to qualify to sponsor your husband. If you cannot qualify alone, you have an option to get a joint sponsor (info is also in the guides).

Since you are already married, you can petition for a K-3 or a CR-1 visa.

[eau_xplain 2]

OP, your profile shows K3, which makes me think you are a USC and your husband came in on a K3. Instead of re-filing for the I-765, you can go ahead and file the I-465 (AOS). As Delicia indicated, you will need to show income that is 125% above the poverty level for 2 people (if you don't have children). You may find someone to be a co-sponsor if your income does not meet the 125% requirement.

Filing for AOS costs $1010. As to processing times, perhaps you can look up people who are under the same district office as you to see how long are the processing times.

[MsZ 6]

I don't see how her husband could have come in with a K3 if they've only been married 2 months.

How did he get to the US? On what visa?

[Delicia 1]

The OP didn't say her husband was here on an K-3. He is/was here on a work permit.

[MsZ 6]

A work permit would be a visa of some sort, and if it is no longer valid, doesn't he have to leave the country? The marriage doesn't change that. Being a little cynical, did they marry thinking that would allow him to stay in the country?

[Delicia 1]

Yes, technically the foreign spouse would have to leave the U.S. if they no longer have a valid visa. I understand your cynacism.

[Kez/JWolf 6]

Yes, technically the foreign spouse would have to leave the U.S. if they no longer have a valid visa. I understand your cynacism.

Technically the foreign spouse does NOT have to leave the US.... if he was legally admitted into the US and had no intent of immigrating at that time then he can file for AOS and I-130 together based on the fact he is married to a USC... he can legally remain within the US until his greencard is approved...

Here is the VJ guide for the AOS and I-130.... http://www.visajourney.com/forums/index.ph...page=i130guide2

Kez

[MsZ 6]

If I recall correctly, work related visas are not eligible for AOS.

[MsZ 6]

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

It says in most cases once the visa is expired, they have to leave.

AOS is only available to people here with a valid visa. And it sounds like his is no longer valid.

And if he overstays too long, he may be banned from returning to the US for many years.

They need to get their ducks in a row ASAP.

Edited March 14, 2008 by MsZ

[pushbrk 13,120]

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

It says in most cases once the visa is expired, they have to leave.

AOS is only available to people here with a valid visa. And it sounds like his is no longer valid.

And if he overstays too long, he may be banned from returning to the US for many years.

They need to get their ducks in a row ASAP.

Kezzie has already given the correct information. While it is true that one cannot adjust status "from a work visa" (Actually they can from some.) this status adjustment would be based on the bona fide marriage to a US Citizen by a foreigner who was originally legally admitted to the USA. Overstays and even unauthorized work are routinely forgiven in these cases as a courtesy to the USC.

If this husband legally entered the US, he doesn't need to leave. He doesn't need a visa. He needs his status adjusted to permanent resident.

Caution to the OP. We're assuming your "no longer eligible" means he did enter legally and had a work permit previously. If not, please clarify.

Edited March 14, 2008 by pushbrk

[MsZ 6]

Yeah, I looked further and this site spells it out pretty well :

http://www.***removed***/greencard/familyba...sons-in-us.html

[arigin 0]

Thanks for all the replies and helpful links. I don't have internet access at my home, so I'm sorry for the late response.

He came to the united states when he was young and visiting the U.S.

He went through adoption and filed a I-485, but he was denied and only received a work permit.

However he did not receive the work permit from his parents until it was too late to renew it.

Also, we're not really sure which it is, K1, K2, or K3. I just couldn't register without putting in all the information.

Thank you

Edited March 17, 2008 by arigin

[pushbrk 13,120]

Thanks for all the replies and helpful links. I don't have internet access at my home, so I'm sorry for the late response.

He came to the united states when he was young and visiting the U.S.

He went through adoption and filed a I-485, but he was denied and only received a work permit.

However he did not receive the work permit from his parents until it was too late to renew it.

Also, we're not really sure which it is, K1, K2, or K3. I just couldn't register without putting in all the information.

Thank you

K1, K2 and K3 are all NOT work permits and not "visitor visas". It sounds like we're back to square one.

It sounds like he may or may not have entered legally but if he was adopted by US Citizens, he should have the ability to be legal.

Please be as specific as you can about his immigration history, as the devil is in the details.

[arigin 0]

When he was young, at the age of 5 or so he came on an airline with his parents to the United States to visit his cousins. He did better in school (teachers here don't hit like teachers over there you know). Then his parents decided to stay. Afterwards, his parents adopted him to his uncle. He's not quite sure, but he thinks the adoption failed because when he checked online at USCIS and called them, they said it failed. He tried to request for follow up papers 2 or 3 times but never recieved them (USCUS probably sent them, his uncle is very unorganized). Since a year ago, we've been living with my parents until the last few months; we rented an apartment.