"Catch-22's"?: concerning I-134, I-864 & AOS

[VJPaul 0]

MyFilipina wife already has approved and completed I-129F AND I-130 petitions; these were granted spring of 2005. She arrived in the US January 2005 on a K3 [with expiry January 2007]. We went back to the Philippines for 9 months and her passport visa was stamped 'til January 2008 upon reentry last month. We need to get our adjustment of status done, however after sucessfully filing the I-134 December 2004, my financial situation has deteriorated to the point where I won't qualify for the I-864 without a sponsor. We have a 8-month-old baby boy. . . . So they will deport her if my financial status doesn't improve---or maybe it can't improve until we get our lives normalized (that's the Catch-22)? Would they deport her (the baby's a US citizen) because of the lack of an I-864? Here's a contradiction I'm finding: one place here in the US, plus an official at the US Embassy in Manila said I no longer need the I-864 after my wife's I-129F AND I-130 are done. The official at that embassy checked with a suoervisor and returned with a very clear and emphatic assurance that I would not need to file the I-864---unless I tried to get a defacto adjustment of status from the embassy there, in which case my wife would need to also retake the medical. . . . I feel that if I file the adjustment of status forms and the 80-dollar fingerprinting fee request form (she's been fingerprinted twice on entry to the US), they'll likely just kick it back for lack of the affidavit of support being included with the app packet. What do you all thinlk?! Thanks, Paul

[Yodrak 7]

Paul,

You will need to provide an I-864 affidavit of support for your wife's application to adjust status, just as you would if she instead applied for an immigrant visa at the consulate in the Philippines (what I expect is meant by "a defacto adjustment of status from the embassy").

You might want to have a consultation with an immigration attorney to review your situation and discuss the options that may be available to you.

Yodrak

MyFilipina wife already has approved and completed I-129F AND I-130 petitions; these were granted spring of 2005. She arrived in the US January 2005 on a K3 [with expiry January 2007]. We went back to the Philippines for 9 months and her passport visa was stamped 'til January 2008 upon reentry last month. We need to get our adjustment of status done, however after sucessfully filing the I-134 December 2004, my financial situation has deteriorated to the point where I won't qualify for the I-864 without a sponsor. We have a 8-month-old baby boy. . . . So they will deport her if my financial status doesn't improve---or maybe it can't improve until we get our lives normalized (that's the Catch-22)? Would they deport her (the baby's a US citizen) because of the lack of an I-864? Here's a contradiction I'm finding: one place here in the US, plus an official at the US Embassy in Manila said I no longer need the I-864 after my wife's I-129F AND I-130 are done. The official at that embassy checked with a suoervisor and returned with a very clear and emphatic assurance that I would not need to file the I-864---unless I tried to get a defacto adjustment of status from the embassy there, in which case my wife would need to also retake the medical. . . . I feel that if I file the adjustment of status forms and the 80-dollar fingerprinting fee request form (she's been fingerprinted twice on entry to the US), they'll likely just kick it back for lack of the affidavit of support being included with the app packet. What do you all thinlk?! Thanks, Paul

Edited June 30, 2006 by Yodrak

[VJPaul 0]

Thanks for the quick reply, Yodrak. I'm thinking my informational need is complicated enough to warrent seeking an attorney's advice, but money is a factor, alas. The odd thing is that the specific advice I received from a BCIS representative [in person] was that no I-864 is necessary after she has had the I-129F AND I-130 petitions completed and she's in the US. They were quite specific that the I-134 was sufficient in my case and the other 'bigger' affidavit was obviated. So, will US immigration ultimately deport my wife and separate her from her son because I can't guarantee a financially untroubled future? If they do that, they run a greater risk of ending up with a US citizens (and an infant, in this case) ultimately going on Aid to Families with Dependant Children: me and the baby. It is difficult for me to get a sponsor. I can guess that annually many hundreds of individuals nationwide might find that they lose their abilities to qualify for an I-864 in the interval after filing and getting the I-134 approved. Comments? Suggestions? Thanks, Paul

-----

You will need to provide an I-864 affidavit of support for your wife's application to adjust status, just as you would if she instead applied for an immigrant visa at the consulate in the Philippines (what I expect is meant by "a defacto adjustment of status from the embassy").

You might want to have a consultation with an immigration attorney to review your situation and discuss the options that may be available to you.

Yodrak

MyFilipina wife already has approved and completed I-129F AND I-130 petitions; these were granted spring of 2005. She arrived in the US January 2005 on a K3 [with expiry January 2007]. We went back to the Philippines for 9 months and her passport visa was stamped 'til January 2008 upon reentry last month. We need to get our adjustment of status done, however after sucessfully filing the I-134 December 2004, my financial situation has deteriorated to the point where I won't qualify for the I-864 without a sponsor. We have a 8-month-old baby boy. . . . So they will deport her if my financial status doesn't improve---or maybe it can't improve until we get our lives normalized (that's the Catch-22)? Would they deport her (the baby's a US citizen) because of the lack of an I-864? Here's a contradiction I'm finding: one place here in the US, plus an official at the US Embassy in Manila said I no longer need the I-864 after my wife's I-129F AND I-130 are done. The official at that embassy checked with a suoervisor and returned with a very clear and emphatic assurance that I would not need to file the I-864---unless I tried to get a defacto adjustment of status from the embassy there, in which case my wife would need to also retake the medical. . . . I feel that if I file the adjustment of status forms and the 80-dollar fingerprinting fee request form (she's been fingerprinted twice on entry to the US), they'll likely just kick it back for lack of the affidavit of support being included with the app packet. What do you all thinlk?! Thanks, Paul

[Yodrak 7]

Paul,

Have that consultation with an immigration attorney. The first item on your list of questions should be to clarify what you and the CIS person talked about regarding I-864.

Yodrak

Thanks for the quick reply, Yodrak. I'm thinking my informational need is complicated enough to warrent seeking an attorney's advice, but money is a factor, alas. The odd thing is that the specific advice I received from a BCIS representative [in person] was that no I-864 is necessary after she has had the I-129F AND I-130 petitions completed and she's in the US. They were quite specific that the I-134 was sufficient in my case and the other 'bigger' affidavit was obviated. So, will US immigration ultimately deport my wife and separate her from her son because I can't guarantee a financially untroubled future? If they do that, they run a greater risk of ending up with a US citizens (and an infant, in this case) ultimately going on Aid to Families with Dependant Children: me and the baby. It is difficult for me to get a sponsor. I can guess that annually many hundreds of individuals nationwide might find that they lose their abilities to qualify for an I-864 in the interval after filing and getting the I-134 approved. Comments? Suggestions? Thanks, Paul

-----

You will need to provide an I-864 affidavit of support for your wife's application to adjust status, just as you would if she instead applied for an immigrant visa at the consulate in the Philippines (what I expect is meant by "a defacto adjustment of status from the embassy").

You might want to have a consultation with an immigration attorney to review your situation and discuss the options that may be available to you.

Yodrak

[meauxna 15]

MyFilipina wife already has approved and completed I-129F AND I-130 petitions; these were granted spring of 2005. She arrived in the US January 2005 on a K3 [with expiry January 2007]. We went back to the Philippines for 9 months and her passport visa was stamped 'til January 2008 upon reentry last month. We need to get our adjustment of status done, however after sucessfully filing the I-134 December 2004, my financial situation has deteriorated to the point where I won't qualify for the I-864 without a sponsor. We have a 8-month-old baby boy. . . . So they will deport her if my financial status doesn't improve---or maybe it can't improve until we get our lives normalized (that's the Catch-22)? Would they deport her (the baby's a US citizen) because of the lack of an I-864? Here's a contradiction I'm finding: one place here in the US, plus an official at the US Embassy in Manila said I no longer need the I-864 after my wife's I-129F AND I-130 are done. The official at that embassy checked with a suoervisor and returned with a very clear and emphatic assurance that I would not need to file the I-864---unless I tried to get a defacto adjustment of status from the embassy there, in which case my wife would need to also retake the medical. . . . I feel that if I file the adjustment of status forms and the 80-dollar fingerprinting fee request form (she's been fingerprinted twice on entry to the US), they'll likely just kick it back for lack of the affidavit of support being included with the app packet. What do you all thinlk?! Thanks, Paul

Paul, I agree that you need to see a lawyer; there are a couple of things you need to ask about. Clearly the answer you got from the CO is strange, as it caught Yodrak attention as well.

You say here that your wife was stamped in until January 2008; that does not track with a K-3 entry--her status has a finite ending period.

You also say that you couldn't pass an I-864 right now. I know there are some places in the US where two can live as cheaply one, but not many. You may need to review the i-864 and see what exactly is required of you. Other people have taken a second job, or looked for other creative ways to meet that obligation. There is also the issue of assets, which can be taken into account (your wife's as well as yours). You can find out what your family/friend's objections to Joint Sponsorship are, and see if you can overcome them.

You could also ask an experienced family-baseed immigration attorney about sending an insufficient I-864 with an eye toward having it meet minimum by the time of the AOS interview. I don't know if that old strategy works any more due to the pre-processing that AOS files get after going to the Chicago Lockbox, but again, it's a good question to ask the right person.

[VJPaul 0]

Thanks for your to the point reply. I guess I've been at this [visa saga] long enough that even THIS strikes me as somewhat 'advanced'; hey, Y came out of semi-retirement to answer. ;-) My wife’s visa was originally set to expire two years from her date of entry, but I looked at her passport and it does give an extra year up to Jan. 2008---NOT that I would pin my hopes or actually trust what an official says (they seem never to be BOUND by their remarks somehow---even in an official capacity---but, I digress). The officer at the U.S. Embassy in Manila couldn't have been more clear and emphatic about the I-864 affidavit not having to be filed [after the I-134 had been filed before her visa]. (Bear in mind we were married in the Philippines and were operating on the K3, and that our elapsed time was such that her I-129F and I-130 Petition for Alien Relative were long completed [spring 2005]). Now, one more issue arises: according to the border agent who stamped her passport Jan. 2008 my wife must file her adjustment of status by August 2006. The financial problem I have, incidentally, is that I may soon have to file bankruptcy. Therefore I presume I do not qualify for any AOS---period. Maybe a lawyer is needed to do more than just give me an answer that I could presumably find out elsewhere (like here); maybe a lawyer is needed to jawbone on my behalf?? Further comments are welcomed, especially in light of the newly mentioned possible deadline to file adjustment of status by next month! Yours truly, Paul P.S.: Give me a shout with most other issues concerning spousal and fiancée visas and such; I think I could help some.

MyFilipina wife already has approved and completed I-129F AND I-130 petitions; these were granted spring of 2005. She arrived in the US January 2005 on a K3 [with expiry January 2007]. We went back to the Philippines for 9 months and her passport visa was stamped 'til January 2008 upon reentry last month. We need to get our adjustment of status done, however after sucessfully filing the I-134 December 2004, my financial situation has deteriorated to the point where I won't qualify for the I-864 without a sponsor. We have a 8-month-old baby boy. . . . So they will deport her if my financial status doesn't improve---or maybe it can't improve until we get our lives normalized (that's the Catch-22)? Would they deport her (the baby's a US citizen) because of the lack of an I-864? Here's a contradiction I'm finding: one place here in the US, plus an official at the US Embassy in Manila said I no longer need the I-864 after my wife's I-129F AND I-130 are done. The official at that embassy checked with a suoervisor and returned with a very clear and emphatic assurance that I would not need to file the I-864---unless I tried to get a defacto adjustment of status from the embassy there, in which case my wife would need to also retake the medical. . . . I feel that if I file the adjustment of status forms and the 80-dollar fingerprinting fee request form (she's been fingerprinted twice on entry to the US), they'll likely just kick it back for lack of the affidavit of support being included with the app packet. What do you all thinlk?! Thanks, Paul

Paul, I agree that you need to see a lawyer; there are a couple of things you need to ask about. Clearly the answer you got from the CO is strange, as it caught Yodrak attention as well.

You say here that your wife was stamped in until January 2008; that does not track with a K-3 entry--her status has a finite ending period.

You also say that you couldn't pass an I-864 right now. I know there are some places in the US where two can live as cheaply one, but not many. You may need to review the i-864 and see what exactly is required of you. Other people have taken a second job, or looked for other creative ways to meet that obligation. There is also the issue of assets, which can be taken into account (your wife's as well as yours). You can find out what your family/friend's objections to Joint Sponsorship are, and see if you can overcome them.

You could also ask an experienced family-baseed immigration attorney about sending an insufficient I-864 with an eye toward having it meet minimum by the time of the AOS interview. I don't know if that old strategy works any more due to the pre-processing that AOS files get after going to the Chicago Lockbox, but again, it's a good question to ask the right person.

[scy 0]

Thanks for your to the point reply. I guess I've been at this [visa saga] long enough that even THIS strikes me as somewhat 'advanced'; hey, Y came out of semi-retirement to answer. ;-) My wife’s visa was originally set to expire two years from her date of entry, but I looked at her passport and it does give an extra year up to Jan. 2008---NOT that I would pin my hopes or actually trust what an official says (they seem never to be BOUND by their remarks somehow---even in an official capacity---but, I digress). The officer at the U.S. Embassy in Manila couldn't have been more clear and emphatic about the I-864 affidavit not having to be filed [after the I-134 had been filed before her visa]. (Bear in mind we were married in the Philippines and were operating on the K3, and that our elapsed time was such that her I-129F and I-130 Petition for Alien Relative were long completed [spring 2005]). Now, one more issue arises: according to the border agent who stamped her passport Jan. 2008 my wife must file her adjustment of status by August 2006. The financial problem I have, incidentally, is that I may soon have to file bankruptcy. Therefore I presume I do not qualify for any AOS---period. Maybe a lawyer is needed to do more than just give me an answer that I could presumably find out elsewhere (like here); maybe a lawyer is needed to jawbone on my behalf?? Further comments are welcomed, especially in light of the newly mentioned possible deadline to file adjustment of status by next month! Yours truly, Paul P.S.: Give me a shout with most other issues concerning spousal and fiancée visas and such; I think I could help some.

Filing for bankruptcy does not preclude you from finding a job that pays the necessary income to meet the I-864 requirements. The I-864 does not ask about a person's bankruptcy status, it only asks for current and past income information as proof of the sponsor's abilities to house, feed, and clothe the intending immigrants. You may substitute assets in lieu of income if the assets can be easily converted into cash within a year.

A K-3 beneficiary can file for extension of K-3 status in lieu of adjustment of status to lawful permanent resident. You should look into that option for your wife. Having the K-3 status extended will give you time to sort out your financial situations before adjustment of status.

What Customs and Border Patrol agent told about your wife having to file for AOS by August, 2006 is incorrect. If her K-3 status is indeed until January, 2007, she doesn't have to file for AOS until that time. As soon as she receives her Notice of Action for AOS, she becomes "pending adjustment of status", therefore having legal status until her AOS is adjudicated. There is no need to file for AOS months prior to the expiration of her current status.

You should consult with an attorney trained in immigration law rather than depend upon the words of goverment employees who might not be lawyers.

Good luck.

Edited July 3, 2006 by scy

[Yodrak 7]

Paul,

Two things:

- Do not confuse the stampt put in your wife's passport, which tells her how long she is permitted to stay in the USA following this entry, with her visa, which allows her to go to a US POE and request entry.

- Read the I-864 and associated instructions, USCIS FAQ, and recent policy update. These things will lead you to understand whether or not you are an acceptable sponsor. And recognize also that you will be your wife's sponsor whether or not you are presently acceptable.

Yodrak

Thanks for your to the point reply. I guess I've been at this [visa saga] long enough that even THIS strikes me as somewhat 'advanced'; hey, Y came out of semi-retirement to answer. ;-) My wife's visa was originally set to expire two years from her date of entry, but I looked at her passport and it does give an extra year up to Jan. 2008---NOT that I would pin my hopes or actually trust what an official says (they seem never to be BOUND by their remarks somehow---even in an official capacity---but, I digress). The officer at the U.S. Embassy in Manila couldn't have been more clear and emphatic about the I-864 affidavit not having to be filed [after the I-134 had been filed before her visa]. (Bear in mind we were married in the Philippines and were operating on the K3, and that our elapsed time was such that her I-129F and I-130 Petition for Alien Relative were long completed [spring 2005]). Now, one more issue arises: according to the border agent who stamped her passport Jan. 2008 my wife must file her adjustment of status by August 2006. The financial problem I have, incidentally, is that I may soon have to file bankruptcy. Therefore I presume I do not qualify for any AOS---period. Maybe a lawyer is needed to do more than just give me an answer that I could presumably find out elsewhere (like here); maybe a lawyer is needed to jawbone on my behalf?? Further comments are welcomed, especially in light of the newly mentioned possible deadline to file adjustment of status by next month! Yours truly, Paul P.S.: Give me a shout with most other issues concerning spousal and fiancée visas and such; I think I could help some.

MyFilipina wife already has approved and completed I-129F AND I-130 petitions; these were granted spring of 2005. She arrived in the US January 2005 on a K3 [with expiry January 2007]. We went back to the Philippines for 9 months and her passport visa was stamped 'til January 2008 upon reentry last month. We need to get our adjustment of status done, however after sucessfully filing the I-134 December 2004, my financial situation has deteriorated to the point where I won't qualify for the I-864 without a sponsor. We have a 8-month-old baby boy. . . . So they will deport her if my financial status doesn't improve---or maybe it can't improve until we get our lives normalized (that's the Catch-22)? Would they deport her (the baby's a US citizen) because of the lack of an I-864? Here's a contradiction I'm finding: one place here in the US, plus an official at the US Embassy in Manila said I no longer need the I-864 after my wife's I-129F AND I-130 are done. The official at that embassy checked with a suoervisor and returned with a very clear and emphatic assurance that I would not need to file the I-864---unless I tried to get a defacto adjustment of status from the embassy there, in which case my wife would need to also retake the medical. . . . I feel that if I file the adjustment of status forms and the 80-dollar fingerprinting fee request form (she's been fingerprinted twice on entry to the US), they'll likely just kick it back for lack of the affidavit of support being included with the app packet. What do you all thinlk?! Thanks, Paul

Paul, I agree that you need to see a lawyer; there are a couple of things you need to ask about. Clearly the answer you got from the CO is strange, as it caught Yodrak attention as well.

You say here that your wife was stamped in until January 2008; that does not track with a K-3 entry--her status has a finite ending period.

You also say that you couldn't pass an I-864 right now. I know there are some places in the US where two can live as cheaply one, but not many. You may need to review the i-864 and see what exactly is required of you. Other people have taken a second job, or looked for other creative ways to meet that obligation. There is also the issue of assets, which can be taken into account (your wife's as well as yours). You can find out what your family/friend's objections to Joint Sponsorship are, and see if you can overcome them.

You could also ask an experienced family-baseed immigration attorney about sending an insufficient I-864 with an eye toward having it meet minimum by the time of the AOS interview. I don't know if that old strategy works any more due to the pre-processing that AOS files get after going to the Chicago Lockbox, but again, it's a good question to ask the right person.

Edited July 3, 2006 by Yodrak