I can't do it

[justins wife 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 ...

I have been honest about my situation because all these factors combine to create the complicated situation. I didn't join for judgement nor for help, just advice. So the "bloated" situation is half of the problem. Otherwise I would just sell everything we own for minimal money and move back to NZ with my husband and kids at cost of $660 (plus flights) to get him legally in my home country. If not for the ex partner I would already be back in NZ, happily married and the kids living safely without worry or fear. Quite frankly I have contemplated going back just because with all this stress it seems easier to hide from him in a country where everyone knows everyone, than to be here and try to find money have and the added stress of everything else. But that isn't how it is and I can't go back to living like that with my children constantly in fear and prisoners in our home.

The criminal record is what makes it complicated, plus the over stay and illegal status. Plus the sponsorship issue. But having read over this entire site I realised that I need a secondary sponsor which i now realise I can probably get through a friend. I have spent well over 6 montsh trying to figure a way to find the money to file but it just isn't happening. So thats when i researched on the net to find a way to get advice and found this site. I shall keep you all posted with what happens in the future and thanks to those who gave me advice.

[justins wife 0]

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.

Thats my fault. I basically insisted we get married sooner rather than later cos I thought it would look better. At that time I didnt know anything about AOS or the rules for getting legal status and neither did my husband.

[scandal 951]

Otherwise I would just sell everything we own for minimal money and move back to NZ with my husband and kids at cost of $660 (plus flights) to get him legally in my home country. If not for the ex partner I would already be back in NZ, happily married and the kids living safely without worry or fear.

So... go back and get a restraining order against the ex. NZ is a nation of laws. Your ex has been in prison for violent offences. Yous should be able to get a restraining order against him to keep him away from you and your family. It's not perfect, I agree. But it's the only option millions of people in this country and others are afforded when they have an abusive ex. NZ is not large, but you don't have to live nearby him, or advertise where you are. If he's on North Island, go South. Or vice versa. Get a security system and a rottweiler at home.

[justins wife 0]

Otherwise I would just sell everything we own for minimal money and move back to NZ with my husband and kids at cost of $660 (plus flights) to get him legally in my home country. If not for the ex partner I would already be back in NZ, happily married and the kids living safely without worry or fear.

So... go back and get a restraining order against the ex. NZ is a nation of laws. Your ex has been in prison for violent offences. Yous should be able to get a restraining order against him to keep him away from you and your family. It's not perfect, I agree. But it's the only option millions of people in this country and others are afforded when they have an abusive ex. NZ is not large, but you don't have to live nearby him, or advertise where you are. If he's on North Island, go South. Or vice versa. Get a security system and a rottweiler at home.

yes I could get one within a day doesn't mean he would listen when he is told to stay away from me. That is merely a way to tell him to stay away from me. Ive had one..he bashed me soon after. He has no fear of the police nor consequences. His criminal record is numerous and the police don't do anything to stop him. Don't you think if i had a way to stay there and be safe I would have? My entire family is there. I left everything I had ever known to get away from him the first time. NZ is a small country, if he could find me in australia he could definitely find me in NZ. My mother has a restraining order against him, I have no faith that will work either. Millions of people may well get protection orders, many women are killed soon after by their partners too. . I've contacted police many times about him and the worst he recieved was a few months probation and to take an anger management course. Which he gleefully informed me he has been on heaps of those and they make no difference.

I told nobody where I was in Aussie..yet he has informed people that he knows thats where I am.

I will never go back. I'm done with explaining why I cannot go back..cos that isn't my problem..my problem is being able to stay here legally and life my life with my husband and children.

[Jon&Lindsey 0]

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.

I was wondering this also. If you did answer wrongly, even if by mistake, this is probably going to be another problem.

I'm really sorry about the situation with your ex, I'm glad you are somewhere safe now. To be honest, I wouldn't worry about the overstay too much because that should be forgiven since you are married. LIke the others said, the 30-60-90 day thing isn't a rule, but it seems like common sense that someone marrying very soon after arrival 'looks' more like possible fraud. Regardless, you may have to prove that you did intend to return to Australia and didn't intend to stay when you arrived. I would make sure you keep evidence of your intent (mortgage/rental agreement, letters from employer saying you were expected back, kids school enrollment etc), because the situation with your ex (should immigration find out) could give the impression that you wanted to immigrate to get away.

Anyway, right now get a joint sponsor and contact the organizations the others suggested for free/cheaper legal help. Maybe your friends can get together and help lend you money for the AOS, then as soon as you get the EAD you will be able to look for a job and start paying them back (Yeah I know it's hard finding work right now, but the AOS really needs to get done).

[Goldfee111 3]

to explain again..not to merry under 90 days is a red flag...the redflag is when u apply aos in under 60 days...so if u merry after 2 weeks and file aos after 4 thats a red flag...if u merry after 60 days and file aos after 70 its fine....to say file after 90 days is incorrect because then u have an overstay and be illegal!!!!!!!!!!!!

[rebeccajo 14]

to explain again..not to merry under 90 days is a red flag...the redflag is when u apply aos in under 60 days...so if u merry after 2 weeks and file aos after 4 thats a red flag...if u merry after 60 days and file aos after 70 its fine....to say file after 90 days is incorrect because then u have an overstay and be illegal!!!!!!!!!!!!

No that's not a red flag. It's an 'old wives tale' so to speak.

[Goldfee111 3]

the thing is..that the overstay is long....the woman is illegal the kids are....i have not really hope when they not file aos soon...and when a husband really has the intention to kill..he will find her..no matter where...i dont know why they not care immidiatly for an sponsor and money to file aos and wait one year.....and then when the car stucks in ###### get panic...

[kovu 0]

Why would you try to have another baby when you can't afford things right now?

[Tactful* 0]

my thoughts to you is to take all the positive suggestions in this thread and come up with a plan that you believe in. Throw out all the negative comments that are not going to get you a successful resolution of your issues. Remember, almost everyone's circumstances are at least slightly different from your circumstances and you will not have the same officer reviewing your case. A lot of the results are based on subjective analysis vice objective analysis i.e. personal opinion of the person that reviews your case and the person that interviews you. Build yourself a case that shows that your marriage is real. Apply as soon as you can so you can put the worry, stress and obstacles behind you. Rebeccajo offers some very good advice and as for the others who RECENTLY joined and have not gone through their interviews, make sure that you do NOT offer advice that you, yourself are not sure about. Good luck to you and your family.

[justins wife 0]

Hi guys and gals,

Well Still haven't applied yet but am working on it more than ever and trying to save money to file. One question I have is the 125% of the poverty I assume now that is before tax? In which case I think my husband would be fine to sponsor me on hsi own because our income in $35,000 before tax and any items/work related expenses we can wipe due to him being a self employed contractor. Also I wondered could I first apply for myself and then apply for the kids later on to reduce costs? Because my case is the complicated one and the most expensive.

Also I am now pregnant so does that help at all? We would now be a family of 5 counting the baby. I have no idea what the poverty level actually is here. I have contacted a place in New Orleans to get some advice about the legalities but to be honest the cost of a lawyer is way out of our league so I am currently contemplating just filing without legal help cos I just cant find a way to afford a lawyer. Is that wise? Or should i approach the charity about getting legal help to file first.

Just advice would be appreciated, again i just don't need people jumping on my butt all angrily. My ex is now out of jail in NZ and I have had word he is looking for me so I want to get this dealt with as soon as I can manage.

[Bobby+Umit 161]

Hi guys and gals,

Well Still haven't applied yet but am working on it more than ever and trying to save money to file. One question I have is the 125% of the poverty I assume now that is before tax? In which case I think my husband would be fine to sponsor me on hsi own because our income in $35,000 before tax and any items/work related expenses we can wipe due to him being a self employed contractor. Also I wondered could I first apply for myself and then apply for the kids later on to reduce costs? Because my case is the complicated one and the most expensive.

Also I am now pregnant so does that help at all? We would now be a family of 5 counting the baby. I have no idea what the poverty level actually is here. I have contacted a place in New Orleans to get some advice about the legalities but to be honest the cost of a lawyer is way out of our league so I am currently contemplating just filing without legal help cos I just cant find a way to afford a lawyer. Is that wise? Or should i approach the charity about getting legal help to file first.

Just advice would be appreciated, again i just don't need people jumping on my butt all angrily. My ex is now out of jail in NZ and I have had word he is looking for me so I want to get this dealt with as soon as I can manage.

Yes, you would use the income before taxes.

I would recommend you file for everyone at the same time. (since your all currently out of status).

Being pregnant will not help at all. Once the baby is born, you would count it as part of the household (2009 level is $32,237 for 5)

There are some laywers that work pro bono or for reduced fees - you should check around.

Here is a great link that explains the 864

[LIFE'SJOURNEY 970]

The only advise anyone from this site can offer you is advice from a layman. Your case is very complex and folks should stay away from offering advise that may hinder or harm this case later. PLease seek professional help for your case, again it seems as if you have added more complications into your case.

Good luck ....

[Bobby+Umit 161]

The only advise anyone from this site can offer you is advice from a layman. Your case is very complex and folks should stay away from offering advise that may hinder or harm this case later. PLease seek professional help for your case, again it seems as if you have added more complications into your case.

Good luck ....

Actually - her case is not very complicated. I have seen cases similar to this get handled by the beneficiary/petitioner with no problems.

The only issue right now is that she is out of status. Forget all the other stuff from NZ - that has no bearing here.

Since she is married to an USC, this overstay will be forgiven (she entered legally, which is all that matters). All that is needed now is that she and her husband apply for their AOS asap, get that NOA (puts here status waiting for adjustment), and then move on from there.

She will just need to come up with the funds for the AOS,(medical, filing fees, etc) and for her husband to show enough income (or get a co-sponsor).

[NVC FAN :( 18]

Sorry to hear this. i hope you contact the ministry to maybe help you with this. this is just my opinion but right now your here illegally. no matter if you entered the country legally. also i am self employed satellite contractor, i can make my agi what ever i want. just depends if your willing to pay taxes on your expenses. for your husband to have made 35,000 and only claim a agi of 5000, is amazing. while going through this process you may want to just be aware that this is not normal.

hope you understand.

gl