Unemployed: need assistance from ex-husband (sponsor) and need advice on how to file I-751 with no money for filing fee

[PeacefulHeart 0]

I am divorced and next month I need to file the I-751 (Removal of Conditions) with a waiver on the joint-filing requirement. The problem is that I'm unemployed and have no money to pay the filing fee.

I also don't have any money to buy food, to pay rent, make car payments, or pay for anything else. I'm worried I'll be evicted from my apartment. I foolishly resigned from my job in December to pursue a masters degree in accounting & finance full-time. I'm half-way through the degree and at the top of my class, but I'm battling to survive. I thought I'd be able to find a part-time job to add to my study loans. But everywhere I look, I'm told I'm overqualified (I also have a law degree from my home country - I'm not allowed to practice law in the state I live in with my foreign law degree). My study loan only gets paid out every 2 months and it is so little. I don't know what to do or where to turn. My ex-husband and his father are my sponsors.

And one more issue - my divorce was finalized at long last in December. I reverted back to my maiden name, but only went last week to apply for a new social security card. I haven't applied to USCIS for a new card in my maiden name because don't have money for the $370 fee and it is so close to the filing time for the I-751. I thought I could advise them of my name change at the same time as applying for the removal of the conditions.

(1.) How can I go about requesting help from my ex-husband and/or his father? (I'm nervous about approaching them directly).

(2.) Also, if I try to claim unemployment benefits from the state, would it affect my application for removal of the conditions?

(3.) And is there a way to apply for a reduced fee for filing the I-751 or have it waived completely?

(4.) Am I even able to claim unemployment benefits if I resigned voluntarily?

(5.) Will advising the USCIS about my name change at the same time as filing the I-751 be a problem?

Helpful advice that sheds light on these issues would be greatly appreciated.

Thanks in advance.

Peaceful Heart

[YuAndDan 153]

Note, you DO NOT need to wait until you are within 90 days of the CR-Green-card's expiration, you could have file I-751 as soon as the divorce was final (last December).

As for fee waiver: http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

[PeacefulHeart 0]

Note, you DO NOT need to wait until you are within 90 days of the CR-Green-card's expiration, you could have file I-751 as soon as the divorce was final (last December).

As for fee waiver: http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

YuAndDan, thanks for the link to guidance on waiving the filing fee. I was so surprised to hear that I could have applied to remove my conditions as soon as my divorce became final.

No one has answered my other questions and they are all pressing concerns for me at this time. Is there anyone who would like to try to answer them?

Thanks.

Peaceful Heart

[Sylvia_n_Joseph 3]

You don't ask them directly for money. What they signed was a paper agreeing that if you get means based money from the government that they will owe the gorernment for that money. So unless you colect means based support from the government and the government chooses to go after them they don't pay anything. Some people think that the sponsor owes them money but that is not true

Unemployment is usually paid for from unemployment insurance so it isn't means based. However leaving rather than being terminated usually means you don't get unemployement.

[rickynlucy 0]

(1.) How can I go about requesting help from my ex-husband and/or his father? (I'm nervous about approaching them directly).

You can ask but they don't have to help.

(2.) Also, if I try to claim unemployment benefits from the state, would it affect my application for removal of the conditions?

Not sure how it would impact immigration, but it's highly likely that you are not eligible because you quit.

(5.) Will advising the USCIS about my name change at the same time as filing the I-751 be a problem?

I have read that this hasn't been a problem for others.

Go to the financial aid office at your school and see if they can reccommend any scholarship, grant or loan programs that you may be eligibe for. You may qualify for aditional loans if nothing else. You may also check so see if you can work at the school part-time, or if they have a program to help stuents find jobs.

Good luck.

[Dakine 26]

Get a job. Don't tell them your education and past work history. Yeah might not be right but beats being broke.

[motu 6]

When I got loans for education - I asked for and received additional funds for dorm, food and transportation - you should move into the dorm - they are cheaper and the loans will cover it.

Are you trying to live in an apt. - don't be too proud to get a shared dorm room - do it for yourself. Also, you could look for jobs in retailing/fast food/health care industries - yes they will be minimum pay but every little bit helps. You must give up your hang-ups of having been well off previously - think of it as a passing phase - just do it - it will be over in a year or so. Good Luck

[PeacefulHeart 0]

Thanks for the advice! I'm studying through an online university, so applying for on-campus job isn't an option, nor is moving into a dorm room, but I am going to try to find someone looking for a room mate. That would save me some money. I'm also going to try applying for some jobs without telling them about my education. Since I'm being told I'm overqualified wherever I apply, I have no choice. I no longer mind what type of job it is, as long as it's a job.

I researched how to apply for unemployment benefits, and unfortunately, this isn't possible because I resigned voluntarily. As for the means-tested benefits, I read that immigrants who have been in the United States for less than 5 years are barred from applying:

"Section 403 of PRWORA bars most qualified aliens who enter the U.S. on or after enactment (August 22, 1996) from eligibility for "Federal means-tested public benefits" for five years beginning on the date the individual entered the United States with a qualified alien status."

http://www.acf.hhs.gov/programs/ocs/liheap...cs/im97-25.html

I then researched how to enforce the I-864 Affidavit of Support against my sponsors. I found out that it can be enforced in federal court and that I may be able to apply for legal aid to get an attorney to assist me. According to the I-864, they have an obligation to sponsor me to live at 125% of the poverty guideline. For 2008/2009 this is $13,000. I may have to go this route, not because I want to, but out of necessity. I emailed my ex-husband twice explaining the situation and imploring him for help but he has ignored my emails.

I'm also going to contact Catholic Charities to find out if they can be of any assistance. For the time being, I have rationed out my remaining food so I can make it until I get my next study loan payout at the end of the month. I will try to bargain with my apartment community to delay the eviction proceedings and once they file, I will take my study loan disbursement schedule to court to show that I will soon have the means to pay the rent.

As for the long-term picture, I'm going to move to a state that will allow me to practice law with my foreign law degree. I can put that together with my masters in accounting once I've completed it (I'd like to be a tax lawyer). It would be a shame to have studied so hard for so many years and then not practice in the profession for which I'm trained.

Peaceful Heart

[Sylvia_n_Joseph 3]

Actually he is not required to pay you 13000 , If you sue him successfully the court will decide how much you can be expected to provide for your own support and then make an order for him to make up any difference. Schooling is a luxury so that is not included usually in money you need to survive. So if they determine you should be able to make 7000 a year ( roughly a 20 hour week at minium wage) they will issue an order for him to pay 6000 a year. They may decided you that you get a full time job or a non mimium wage job because you are educated and then you will get nothing ( other than bills from the lawyer )

[Sylvia_n_Joseph 3]

Check out this site and see if there are any locations near you. They are NOT means based but will help you streach your food dollar.

Angel Food ministries

[ShariNYC 0]

I am on the same route, divorcing with my husband and will have to file for removal of CG at the end of this year.

I just met an attorney today that suggested me not to file right after I get divorce decree, but have to follow the 90 days rule, even though I pointed out to him that it says in the instruction. He insisted that if I file right away, chance that the immigration will not approve my application. From my guess, maybe he wants to temporary stretch the time I can stay in the US, in the worst case that I file right away after I divorce and if I got rejected I would lose my status. If I'm succesfully remove the conditions then everything will be fine.

I'm going to be a full-time grad student this fall and currently applying for financial aids and got some, but need to apply for more loans. I am unemployed but still have some saving and I have to do everyway to make it last for the longest time possible. I am looking for a cheaper place to live now (for half the price of what I'm paying and sacrificing nice neighbor/commute, from a very nice area in brooklyn to the bronx). I'm doing a waitress job and don't really get any tips yet but the minimum wages. I used to have a full time job and made decent amount last year. I guess I have the same question as you, regarding the student loans VS. Effect on my removal of conditions green card. Anyone could suggest, I'd be appreciate.

For the unemployment, you can file for it, but if you resigned you won't be eligible. I am not eligible becase it's so unfortunate that I only worked the last quarter last year (you need to work at least 2 quarters to qualify), and I worked this first quarter this year and got laid off which should make me qualified but I didn't make more than 1 and half time of what I made last quarter in 2008, so I'm not qualified for it : ( . So those two are rules, the way out for me is, if I get any jobs within this month and make more than last quarter 1 and half time. Then if I don't have a job anymore starting from May, I can re-file again. But it's hard because I made a lot in that last quarter...what a bad luck...

Thanks for reading and hope it helps, anyone with any answers/solutions/thoughts, I would be really appreciated.