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aussiebev

Need some Advice Please

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Filed: Other Timeline

Hi

Im helping for some direction or suggestions about what to do.

I will try make the story short .

I met my partner online nearly 8 years ago.. we went from being good friends to a deeper relationship developing over

the following years that began to have a dream to live a life together.

But with both of us raising children, nothing was ever taken further.. it was always a.. in the future type deal

About 3 years ago my partners health started to seriously decline.. He has CoPD, Emphacema, , Crohns Disease, and the onset of Arthritis on his back... he also has such a bad back that he will require surgery soon.

He began to really doubt how long he had to live.. he was on oxygen 24/7 .. he is only now 46 and on SSI Disability.

The decision to come from Australia to the US was made quick and rapidly.. I applied for a 6 month visa and basically packed up and came.. my priority was to get to him.

Up until this time we had never even met physically.. it had been purely online, phone, letters for 6 years.

I niavely assumed that getting a work visa would be a simple procedure.

Once I got his health back onto a stable ground where I thought I would be able to perhaps work several days a week.. to contribute to the household I discovered the uphill battle I faced..

At the same time I was getting ready to apply for an extention of the visa.. when I discovered one of my daughters actually stole all the money from my bank account in Australia.. ran up bills in my name.. sold my car.. left the rental property that i had been paying rent at for her (she is 21) and trashed the place..then disappeared.

This left me stuck here with absolutely no money aside from the small amount of cash I had withdrawn to pay for my visa extention.

I applied for the visa extention and explained in full detail.. I am broke.. I have no return ticket.. all the details and the visa extention was approved.

But I was told that a third extention would not be.

Having realized I couldnt work here.. or the possibility of obtaining sponsorship for work was impossible unless I returned to Australia.. I had no money.. my partner is on benefits.. we cant afford over 1000 AUD for a ticket.

I started a letter writing campaign to every politician, tried contacting immigration lawyers.. places that help immigrants.. government departments to try find some glimmer of hope.

I was told to get married.. but when I said he was on SSI.. I was informed.. then we wouldnt recognize it.

Besides that the cost of getting married and filing was out of our reach as well.

Every politician has responded.. slowly and it has all been the same.. just quoting me back Immigration law.

Earlier this week I received a letter back from the last politician stating that immigration had advised her....

well basically.. my visa has expired.. and I would need to return to Australia.

My visa expired in June 2009..

I have to face the fact I need to return to Australia.. and then try work to see if I can be allowed back into the country.

I realize I face the strong possibility of a 3 year ban.

But my problem is this.. I cant afford to get back home

My family is unable to help

Im just not sure what to do.

What are my options..

I have seen a form that I can download from the web that asks the US for removal.. but Im not

sure if I should use that or not.

Im sorry for the long drawn out story..

I just am at a loss what to do next.

I appreciate any help or suggestions

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Filed: Citizen (pnd) Country: Australia
Timeline

What has the Australian Embassy had to say? Do you not qualify for assistance?

OUR JOURNEY SO FAR: (dd/mm/yyyy)

18/09/09 - CR1 NOA1

16/07/10 - POE LAX (256 days NOA1 to interview)

27/09/10 - Aussie/American bun in the oven due May 10, 2011

06/01/11 - Submitted change of address online to USCIS. Mailed I-865 for sponsor. Neverending!

05/05/11 - Bouncing baby boy arrives

10/07/12 - Sent I-751

13/07/12 - I-751 NOA1

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Filed: K-3 Visa Country: Canada
Timeline
Hi

Im helping for some direction or suggestions about what to do.

I will try make the story short .

I met my partner online nearly 8 years ago.. we went from being good friends to a deeper relationship developing over

the following years that began to have a dream to live a life together.

But with both of us raising children, nothing was ever taken further.. it was always a.. in the future type deal

About 3 years ago my partners health started to seriously decline.. He has CoPD, Emphacema, , Crohns Disease, and the onset of Arthritis on his back... he also has such a bad back that he will require surgery soon.

He began to really doubt how long he had to live.. he was on oxygen 24/7 .. he is only now 46 and on SSI Disability.

The decision to come from Australia to the US was made quick and rapidly.. I applied for a 6 month visa and basically packed up and came.. my priority was to get to him.

Up until this time we had never even met physically.. it had been purely online, phone, letters for 6 years.

I niavely assumed that getting a work visa would be a simple procedure.

Once I got his health back onto a stable ground where I thought I would be able to perhaps work several days a week.. to contribute to the household I discovered the uphill battle I faced..

At the same time I was getting ready to apply for an extention of the visa.. when I discovered one of my daughters actually stole all the money from my bank account in Australia.. ran up bills in my name.. sold my car.. left the rental property that i had been paying rent at for her (she is 21) and trashed the place..then disappeared.

This left me stuck here with absolutely no money aside from the small amount of cash I had withdrawn to pay for my visa extention.

I applied for the visa extention and explained in full detail.. I am broke.. I have no return ticket.. all the details and the visa extention was approved.

But I was told that a third extention would not be.

Having realized I couldnt work here.. or the possibility of obtaining sponsorship for work was impossible unless I returned to Australia.. I had no money.. my partner is on benefits.. we cant afford over 1000 AUD for a ticket.

I started a letter writing campaign to every politician, tried contacting immigration lawyers.. places that help immigrants.. government departments to try find some glimmer of hope.

I was told to get married.. but when I said he was on SSI.. I was informed.. then we wouldnt recognize it.

Besides that the cost of getting married and filing was out of our reach as well.

Every politician has responded.. slowly and it has all been the same.. just quoting me back Immigration law.

Earlier this week I received a letter back from the last politician stating that immigration had advised her....

well basically.. my visa has expired.. and I would need to return to Australia.

My visa expired in June 2009..

I have to face the fact I need to return to Australia.. and then try work to see if I can be allowed back into the country.

I realize I face the strong possibility of a 3 year ban.

But my problem is this.. I cant afford to get back home

My family is unable to help

Im just not sure what to do.

What are my options..

I have seen a form that I can download from the web that asks the US for removal.. but Im not

sure if I should use that or not.

Im sorry for the long drawn out story..

I just am at a loss what to do next.

I appreciate any help or suggestions

Hmm, quite the pickle you got yourself into. Other reply suggested the Australian embassy...that would be a good place to start. Otherwise, I suppose you could contact ICE (Immigration and Customs Enforcement) and do a self-deport (its actually called something else but I forget the term for it...the concept is the same though).

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Filed: Other Timeline
What has the Australian Embassy had to say? Do you not qualify for assistance?

Thankyou for everyones advice.

Our phone is only a track phone so I couldnt phone them until we buy extra minutes next month.

But I have sent a detailed letter to the Embassy out in the mail today.. explaining everything.

so hopefully I will hear back from them quickly.

I think I have the form for the self deport , I found it on the web somewhere.

The person indicated that once its sent in it happens quickly.

Im just wondering how quickly?

Ive already started getting everything ready here so that all I basically need to do is grab and I can be ready to leave within the hour.

Hopefully I would have more time than that tho

Again, thankyou for your help and suggestions

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Filed: Other Timeline

Why exactly can't you get married, then file for AOS and find work here?

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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Filed: IR-1/CR-1 Visa Country: Thailand
Timeline
Why exactly can't you get married, then file for AOS and find work here?

Sounds like will not be over the poverty guidelines.

Service Center : Vermont Service Center

Consulate : Bangkok, Thailand

Marriage : 2006-11-08

I-130 Sent : 2008-02-22

I-130 NOA1 : 2008-03-10

I-129F Sent : 2008-04-08

I-129F NOA1 : 2008-04-14

I-129F touched: 2008-05-06

I-130 touched: 2008-05-09

I-129F approved 2008-09-05

I-130 approved 2008-09-05

NVC received 2008-09-12

Pay I-864 2008-10-08

Pay IV bill 2008-10-08

Receive Instruction 2008-11-05

Case Complete 2008-11-18

Medical 2009-01-19/20 passed

Receive Pkt 4 2009-01-30

Interview 221g 2009-02-23

Second interview 2009-03-02 Approved

POE DFW 2009-03-07

Received SS card 2009-03-17

Received GC 2009-04-01

Done for 3 years or 10 years. Haven't decided yet.

(I'm going for the IR-1 and blowing off the K-3. Even if it takes an extra couple months, it's worth it to not have to deal with USCIS again)

"Give me your tired, your poor, your huddled masses yearning to breathe free, the wretched refuse of your teeming shore. Send these, the homeless, tempest-tost to me, I lift my lamp beside the golden door!"

Note:

Please fill out I-130, wait 6 months for approval, then 3 more months for an interview. (Unless of course we've bombed your country into the stone age, then you qualify for expedited processing.)

Welcome to the USA!!!

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I think I have the form for the self deport , I found it on the web somewhere.

The person indicated that once its sent in it happens quickly.

The program is called "Scheduled Departure"

Im just wondering how quickly?

90 days usually - if you have the means for self-transport, shorter if you do not.

However, this will not change your status, and since you are out of status more than 180 days, you will have a 3 year ban if you attempt to re-enter the US.

Source

(note - this was only a pilot program, in 5 cities, for a certain amount of time.)

Edited by Bobby+Umit

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Filed: Lift. Cond. (apr) Country: India
Timeline

Contact the Australian embassy. They will provide you with the passport, ticket you need to get home. You WILL face a ban should you attempt to reenter the U.S.

03/27/2009: Engaged in Ithaca, New York.
08/17/2009: Wedding in Calcutta, India.
09/29/2009: I-130 NOA1
01/25/2010: I-130 NOA2
03/23/2010: Case completed.
05/12/2010: CR-1 interview at Mumbai, India.
05/20/2010: US Entry, Chicago.
03/01/2012: ROC NOA1.
03/26/2012: Biometrics completed.
12/07/2012: 10 year card production ordered.

09/25/2013: N-400 NOA1

10/16/2013: Biometrics completed

12/03/2013: Interview

12/20/2013: Oath ceremony

event.png

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Filed: Other Timeline
Why exactly can't you get married, then file for AOS and find work here?

Its a catch 22 situation with the marriage

As my partner is very very very ill.

His medications cost in excess of . I thought it was only 500 a month.

But it I totalled it up last night and it they cost close to 700 a month.

When he and his wife seperated 10 years ago, the informal deal made was

he would sign over the house to her.. and she would maintain him on her health insurance plan.

If he gets married, he would be removed from that.. and being on ssi he only gets 825 per month.

Without medications.. it would be a very short period before he passed away.. it is that critical.

We have looked into the cost of health care for him and the prices are insane.

His spend down with Medicaid i think is 375 so he would need to spend 375 a month before there was any

reinbursement or assistance.

And to top that off.. because he is on SSI.. he falls below the poverty line so they would not recognize it.

We have tried everything and every avenue

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Filed: Lift. Cond. (apr) Country: India
Timeline

Can you get a joint sponsor?

03/27/2009: Engaged in Ithaca, New York.
08/17/2009: Wedding in Calcutta, India.
09/29/2009: I-130 NOA1
01/25/2010: I-130 NOA2
03/23/2010: Case completed.
05/12/2010: CR-1 interview at Mumbai, India.
05/20/2010: US Entry, Chicago.
03/01/2012: ROC NOA1.
03/26/2012: Biometrics completed.
12/07/2012: 10 year card production ordered.

09/25/2013: N-400 NOA1

10/16/2013: Biometrics completed

12/03/2013: Interview

12/20/2013: Oath ceremony

event.png

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Filed: Other Timeline

What do you really want to do?

Voluntary departure requires you to purchase the ticket, and the 3-year ban would still be triggered upon your departure. It can be overcome with a waiver, but that cost money and takes time.

Bottomline for practical purposes: if you leave the US, you won't be coming back anytime soon.

If you want to stay, and to work, you'll need to file for AOS. For that you'll need money and a sponsor. Put effort into this. Is your partner divorced or just separated from his wife?

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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