I can't do it

[Chica Yeyé 41]

Your case is indeed complex.

1. You came in February and married in May. That's 3 months in between arrival, meeting the husband, and marrying him. Marrying under 90 days of arrival is a red flag.

3. Your "30 minor convictions" will be an issue. Since they relate -at least one- to drugs; this is taken quite seriously by USCIOS: never mind how long ago this happened. And this will come to light since you will have to provide a criminal record check for all places where you have lived fro more than 6 months since turning 16. Google "crimes of moral turpitude" and "ineligible alien" to see how that might apply to you.

4.You could file for a fee waiver, but your husband needs to either prove he has the income required or you will need a co-sponsor. It is as clerar as water.

5. You do not qualify for political asylum.

[YuAndDan 153]

Moving this to AOS from Work/Visitor/Student visa.

[justins wife 0]

to be honest...its a shitty situation...i dont know why u brought urself and ur kids in this situation???i mean before i take such a big step i make clear that i can afford that....u have not only the response for ur self..u have two kids where u have to take care of...and i dont know why ur husband not take a second job to make more money....when u are here almost a year, why u not look for a sponsor imidiatly???now u are in the situation with overstay..be illegal...ur kids are illegal...do u think this is the right way???

and how u wanna afford a laywer....u can expect they charge 2000$ for the prozess....sorry ...really..maybe that sounds now hard..but u was save from ur husband in austria....so the right way would be save some money for the prozess there and then come in the us...and then u would be legal and ur kids too...

i wish u good luck u will need a lot of them

Ok i'll answer this one first. To go to Australia ( not Austria) would cost about $200 or a boat trip ( he has friends who are fisherman and could easily get him to Australia on one of the fishing boats). He could most certainly find me in Australia and would definitely travel there to find us. I never felt safe there and that is where he currently believes I am. I am looking for a sponsor and as I said I can probably find a sponsor in my husbands business boss he is a contractor under a company, thus self employed but also working for someone). I think if i explain the situation further and tell him why I need a sponsor he will help us. I am quite aware what a ridiculous situation I have put myself in, but to be honest I would rather know my children are safe from him than worry about anything else. Their safety is paramount. When I moved to Australia I knew nobody, I moved to the furthest place I could think of and completely kept to myself. Thus we had hardly a friend there or a safety net in case he found us.

In America I have many friends who are all well aware of my situation with my ex partner so if he could find me I have a safety net and suport network here. My husband and I have been friends (and only friends) on the net for 4 yrs and I came here to meet everyone I have talked to for years. When we met we fell for each other. So now we are married and happy except of course for this problem of my status.

The cost for getting AOS is for both me and the two children thus it will be $1010 for me plus $600 each for the two kids. Plus $355 each for the forms and $200 plus each for the medicals. hence it will be well over $3000 for the paperwork alone without a lawyer and due to the complexities I think a lawyer will definitely be needed.

I have a police criminal record copy of my convictions and as stated although most of them are older than 10 yrs I am aware that the drug one even thought it was minor is an issue.

I am hesitant to apply for a waiver of fees because I wonder if that would effect the "sponsoring" if i dont have enough money for the fees how can I say that he can afford to sponsor me to live here. I am looking into a way to get the legal help so that we could pay the lawyer off which seems to be the only way I can think fo to get the legal help.

Thanks for the replies.

[Kez/JWolf 6]

I am hesitant to apply for a waiver of fees because I wonder if that would effect the "sponsoring" if i dont have enough money for the fees how can I say that he can afford to sponsor me to live here. I am looking into a way to get the legal help so that we could pay the lawyer off which seems to be the only way I can think fo to get the legal help.

Thanks for the replies.

The fact that will need a co-sponsor will help you get a Fee Wavier so that you can sort out your status. If you were asking for a Fee Wavier but did not need a co-sponsor then USCIS may look at it in a diffrent light.

As I said before try contacting Catholic Charities, They help people with immigration issues and can find you a immigration lawyer who will either work for free or allow you to pay as you go.

[Old Dominion 26]

In addition to your Catholic Diocese (it makes no difference what your faith might be), usually has an immigrant services arm, there will be a Legal Aid Society or something like that in your community or nearby. Both can provide legal services without a fee, once they verify your financial situation. That seems to be an urgent step right now, to have an advocate in your corner before you take the next steps.

The narcotics conviction is enough to get in the way of obtaining any visa that involves immigrating. Maybe it would be overlooked in the AOS process. But the fact that you uprooted your family to come meet your longtime chat mate may be harder on you, since your marriage occurred so quickly. Finally, the U.S. provides no haven for victims of domestic violence so that does not seem to be an option.

Your situation is really sad. I take it your husband has plenty of time on his hands, so maybe he could help you inquire about the right kind of legal help. Good luck.

[pbarr19 0]

"Oh what tangled webs we weave"

I'm not sure we have the truth or the whole story but giving you the benefit of the doubt.

Vacation for you and the kids to the USA took some money. How did you get that money? Can you work now?

Husband needs to look for work, tough time to find a job. But 4 - 5K is not going to be enough no matter how or were you live in the US.

You are going to need an attorney, your illegal. your not going to go well just filing and following the legal process. YOU MUST GET AN ATTORNEY

Hope you find an attorney who does pro bono work, that's what you need to look for ASAP!

Hope you get whatever you deserve. I hope it works out especially for the kids. Sounds like they are doing well and have a chance to be safe.

[Chica Yeyé 41]

Ok i'll answer this one first. To go to Australia ( not Austria) would cost about $200 or a boat trip ( he has friends who are fisherman and could easily get him to Australia on one of the fishing boats). He could most certainly find me in Australia and would definitely travel there to find us. I never felt safe there and that is where he currently believes I am. I am looking for a sponsor and as I said I can probably find a sponsor in my husbands business boss he is a contractor under a company, thus self employed but also working for someone). I think if i explain the situation further and tell him why I need a sponsor he will help us. I am quite aware what a ridiculous situation I have put myself in, but to be honest I would rather know my children are safe from him than worry about anything else. Their safety is paramount. When I moved to Australia I knew nobody, I moved to the furthest place I could think of and completely kept to myself. Thus we had hardly a friend there or a safety net in case he found us.

In America I have many friends who are all well aware of my situation with my ex partner so if he could find me I have a safety net and suport network here. My husband and I have been friends (and only friends) on the net for 4 yrs and I came here to meet everyone I have talked to for years. When we met we fell for each other. So now we are married and happy except of course for this problem of my status.

The cost for getting AOS is for both me and the two children thus it will be $1010 for me plus $600 each for the two kids. Plus $355 each for the forms and $200 plus each for the medicals. hence it will be well over $3000 for the paperwork alone without a lawyer and due to the complexities I think a lawyer will definitely be needed.

I have a police criminal record copy of my convictions and as stated although most of them are older than 10 yrs I am aware that the drug one even thought it was minor is an issue.

I am hesitant to apply for a waiver of fees because I wonder if that would effect the "sponsoring" if i dont have enough money for the fees how can I say that he can afford to sponsor me to live here. I am looking into a way to get the legal help so that we could pay the lawyer off which seems to be the only way I can think fo to get the legal help.

Thanks for the replies.

For the love of God woman. I replied precisely to your initial post; yet you choose to ignore it and continue to complain about a situation you created (I am not talking about the situation with your ex, that is indeed sad and I am sorry it happened to you).

You married within 90 days of arrival- good luck proving immigration was not your intent.

You have a criminal record including a crime of moral turpitude: this might make you ineligible for immigration. It does not matter when the crimes occurred, they will be in your criminal trecord check, which you are OBLIGED to provide.

If you have "so many friends in the USA" ask one of them to be a joint sponsor.

Do what you have to do. Get on the action.

[Sinergy 3]

Your only choice is to file and file for a fee waiver. This or become elegible for deportation. Atleast give it a shot

its tax season...that will be able to pay for the AOS process.

how have you 2 been able to live all this time with kids with an income of $5000??

Edited February 12, 2009 by Sinergy

[tom&tata 2]

Your only choice is to file and file for a fee waiver. This or become elegible for deportation. Atleast give it a shot

its tax season...that will be able to pay for the AOS process.

how have you 2 been able to live all this time with kids with an income of $5000??

Self employed can write off a lot of job related expenses hence get to claim very little income. For the purposes of affidavit of support, there are 2 options: amend the tax return to show more income or get friends/family for the affidavit.

[Ju&Ja 1]

I don't understand 1 thing, cuz' almost nobody here mentionned it as an issue... Is the 9 months of overstay won't be a pb ? I thought that even 1 day was a pb !

[rebeccajo 14]

I don't understand 1 thing, cuz' almost nobody here mentionned it as an issue... Is the 9 months of overstay won't be a pb ? I thought that even 1 day was a pb !

Her overstay will be 'forgiven' by virtue of her marriage to a US citizen.

And I don't believe there's any sort of red flag that is raised here because she married within 90 days of her arrival.

Here's what bothers me.

I'm trying to figure out how you (the OP) got over here in the first place with the criminal record you openly admit too.

What were your answers to the questions about crimes of moral turpitude when you completed the I94W?

You will have to explain your criminal convictions when you file your adjustment. I have no idea if adjustees from the VWP go through some sort of 'cross check' as to how they completed their I94W at point of last entry. But this is a really good question to discuss with your lawyer. I say 'your lawyer' because I wouldn't attempt to do this without one. As Jon has said, check with Catholic Charities for sources of legal representation.

Edited February 13, 2009 by rebeccajo

[Goldfee111 3]

By and large, the 30/60/90 day rule is applied to determine whether the 'tourist' had a fraudulent intent upon entry.

The rule is applied as follows;

If s/he applies for a green card/adjustment of status within 30 days of entering the US, fraud is pretty much presumed-and the application will be denied

If s/he enters between 30 & 60 days, the presumption of fraud can be overcome, i.e. it is 'rebuttable'

I s/he enters between 60 and 90 days the presumption reverses. Unless there is specific evidence of a preconceived immigrant/fraudulent intent the adjustment of status application will be granted

For an application filed more that 90 days after entry , the visa fraud issue seldom arises

[rebeccajo 14]

By and large, the 30/60/90 day rule is applied to determine whether the 'tourist' had a fraudulent intent upon entry.

The rule is applied as follows;

If s/he applies for a green card/adjustment of status within 30 days of entering the US, fraud is pretty much presumed-and the application will be denied

If s/he enters between 30 & 60 days, the presumption of fraud can be overcome, i.e. it is 'rebuttable'

I s/he enters between 60 and 90 days the presumption reverses. Unless there is specific evidence of a preconceived immigrant/fraudulent intent the adjustment of status application will be granted

For an application filed more that 90 days after entry , the visa fraud issue seldom arises

This isn't really a 'rule'.

It's a guideline sometimes applied by the consulates for 'questionable behaviors' at that end of the process. But it isn't something used by USCIS. There has never been any policy memoranda issued by USCIS to adjudicators to apply this principle to stateside petitions.

Here's an explanation about the 'rule', as scribed by S. Folinsky, attorney at law, from a thread on britishexpats.com.

"It is a big pet peeve of mine, that's what. And unfortunately, many younger immigration lawyers don't get it and contribute into turning it into something it isn't.

At the 1992 Annual AILA conference in New Orleans, I attended a lecture by the guy who WROTE the rule -- Cornelious "#######" Scully.

The rule is simply an internal procedural rule of the Department of State as to when Consular Officers have to refer fraud denials to the "Visa Office" in Washington DC for review. The "rule" comes into play when there is activity subsequent to admission which is contrary to some actual statement.

The example given was a OF-156 filed on Monday saying applicant was going Miami to visit relatives. On Tuesday, he flies to New York. On Wednesday, he starts work. On Thursday, the labor certificate is filed. Two years later he shows up at consulate back home to obtain Immigrant Visa. [Please note that the 3/10 years bars were still in the future].

The "rule" is that if the inconsistent action took place within 30 days of the actual statement, there will be a presumption of fraud and no review need be sought. Between 30 & 60 days, there will be a rebuttable presumption of fraud; between 30 & 90 -- no presumption either way, after 90 days, there will be a presumption the other. way. [in practice, it is really a 30-day rule].

This is NOT a substantive rule of law -- never has been. The sole purpose of the rule is whether or not a consular officer is required to seek higher review of her fraud finding.

Also, a lot of people think that waiting 90 days is safe not realizing that a statement of "we waited 90 days because of the rule" is an admission of fraud!"

And here's a link to the BE thread:

http://britishexpats.com/forum/showthread....9045&page=2

[Goldfee111 3]

len i guess u mean that right??so after 60 days she should be fine...iam only worried about the overstay...and when are so many friends there...why can not everybody borrow her money to file the case...dont understand that...

[FRJ 0]

besides your finances, i dont see whats complicated about your case. first off, its 1300 to file, not 3200-unless u were referring to filing for your kids also. i would suggest you get a sponsor so that you go over the poverty line. i dont think all that other stuff has any bearing on your AOS filing. take it one step at a time..secure a sponsor, secure the funds necessary to file, and go thru the forms deligently. make sure you are honest about your convictions or whatever.

actually her total filing fee for the three I-130's & I-485's will be somewhere between $3,275 & $4,095 dependent on the age of the two kids. In addition she will need three medical exams at who knows what cost.

yeah i didn't take the kids into account.. anyways..like i said b4 the main issue is finances. everything else is irrelevant at this point and just causes the whole issue to be bloated with unnecessary info. get a sponsor and move from there. save up and file when u have the money. so ...