Are We Doomed Or Is There Help

[KatRaicha 0]

When my fiance started the process of him moving to the USA so we can be married we never foreseen the RL issue that would slap us in the face.

Due to some hardships, we now do not have the money for the I-485 and now there is no time to really save for it. Are we doomed for him to be deported, or is there an organization that can help us?

If deported will he be able to come back when the money can be saved?

[TracyTN 237]

Sorry - the 'RL issue'? What does that mean?

[KatRaicha 0]

Sorry - the 'RL issue'? What does that mean?

Real Life, sorry Texter here.

We had unforeseen issues that caused the money we had saved to be used for emergency purposes. 3 months isn't enough time to get the money back. What can we do?

[TracyTN 237]

Just file when you can - make sure he does not leave the US or works during this time. He is technically deportable (if his I 94 has expired and you've not yet filed), but I've never heard of a case yet where they show up on your doorstep and throw him out.

[Y&E 12]

Make sure that you two still get married within the 90 day period allowed on his I-94 otherwise the I-485 will be inapplicable and you will be required to file different paperwork. Sorry, you may already have married but you say fiance.

[pookaphilus 12]

When my fiance started the process of him moving to the USA so we can be married we never foreseen the RL issue that would slap us in the face.

Due to some hardships, we now do not have the money for the I-485 and now there is no time to really save for it. Are we doomed for him to be deported, or is there an organization that can help us?

If deported will he be able to come back when the money can be saved?

hello same here..my husband worries that i may get deported coz my visa will be expired soon and we are still completing all the forms needed for AOS..last time , we were worried that we won't be able to save up for it, coz we are planning that we will file on January..I forgot that my visa will expire this Dec(lol..miscalculations..)..any way, we still don't know if we can make it possible to apply before my visa expires and really praying for the best that we can do...If ever we will file like a week or two after my visa expires, would they still consider that one???...my husband & I really hope so...God bless us all!!

[TracyTN 237]

Your visa expires the moment you enter the US. Your status is then derived off your I 94. If you do not marry within 90 days of your arrival, you have now violated the terms of the K1 visa and will be unable to adjust status in the US. Go to the courthouse or do whatever you have to do to be legally married by day 90., and worry about a 'wedding' later. Otherwise, you may as well return to your home country now.

[Brother Hesekiel 2,236]

If both these cases are K-1 visa related, there' s only 1 thing that really, really, really needs to happen: get married within the 90-day time frame.

There's no urgency to file for AOS right afterward, and no spouse (husband/wife) of a US citizen will be deported simply because they are eligible to adjust status anytime.

The one thing that is immigration suicide is NOT getting married within the 90 days. That would assure that the train left the station and nobody can run fast enough to catch it again unless they have a time machine.

[Damian&Kelly 16]

Just want to speak from experience... We were married (on K-1) July 2008, and his I-94/visa expired August 27, 2008, and we didn't file AOS until March 2009. We had no problems at all and were approved without an interview. Just remember the K-1 medical is only valid for a year so may need to do some extra medical things, not sure tho. My husbands medical actually expired while our paperwork was being processed but we never got a RFE surprisingly. And as others said he can't leave the US and also there's no point applying for AP because after 180 days passed the I-94 expiring, you're taking a chance leaving and entering on an AP, I believe they can charge him with an overstay. So he can't leave the US until Green card is in hand.

[VanessaTony 3,567]

When my fiance started the process of him moving to the USA so we can be married we never foreseen the RL issue that would slap us in the face.

Due to some hardships, we now do not have the money for the I-485 and now there is no time to really save for it. Are we doomed for him to be deported, or is there an organization that can help us?

If deported will he be able to come back when the money can be saved?

You have no timeline so I have no idea what stage you're at. Please update your timeline.

Your post implies he is currently in the US. So first I'll reply relating to that. You have 90 days to marry. That's all. There's no deadline for AOS. The issues are that he is out of status, that he can't work and can't leave the country. He is "technically" deportable but if he was put before an immigration judge they typically ell you to AOS. Jim knows the specific rule involved but the basis is "if there is the ability to AOS, you must first be given that chance"... so he would not be deported just yet.

If he is deported (as was your qn but is highly unlikely) he would need to file for a spousal visa, he would need to overcome the 10 year ban for deportation (file a waiver for that) and eventually yes, he could return.

You best option is to get a loan, put it on your credit card, borrow from a family member ... something or anything to get him his GC and get him working to pay back the loan or whatever.

If that's not an option then you can wait but like I said, he can't work or leave the country. Perhaps you will be okay come tax time? File your taxes asap next year and if you file married joint (get him a SSN if you haven't already and there's more than 2 weeks left on the I-94) and when you get your refund you might get a refund big enough to pay for AOS (or pay whoever back for helping you out).

There is also a "fee waiver" form. I'm not sure about how to apply, or what the criteria are and I've typically heard of it when someone files for VAWA but there's that option if you're desperate (I wouldn't personally.. after all you're trying to prove you can support him and that doesn't look good :S).

Hope one or more of those options are viable for you.

[TracyTN 237]

The fee waiver is rarely granted by USCIS so I wouldn't even bother - at least not for the 'I can't afford it' reason. Esp. as you will have to also prove support for the application itself, as Vanessa & Tony pointed out.

[JimVaPhuong 4,863]

The I-485 is not eligible for a fee waiver, according to 8 CFR 103.7(c ), but there are a few circumstances where there is no fee for filing, such as adjustment of refugees. K1's pay full fees - always.

A fee waiver is possible for biometrics, but there are two problems. First, that would only save you $80 (current fees). Second, it's highly unlikely they'd approve it for any petition that requires an affidavit of support. You can't declare to USCIS that you have enough income to support the immigrant, and then plead poverty when it comes to the fees.

To the OP, we're all presuming you've gotten married or will get married within the required 90 days, yes?

Ok, your husband will be out of status when his I-94 expires. Others have already mentioned that he would technically be deportable, but that is very unlikely to happen if you exercise a little care. Deporting someone is a time consuming and expensive process, and an immigration judge will always give them an opportunity to adjust status if they are eligible to, rather than order them deported. As a result, it is the policy of CBP and ICE to not attempt to deport someone who is clearly eligible to adjust status. I bolded the word "policy" because the law doesn't require CBP or ICE to do this. The law allows CBP or ICE to hold the alien for deportation, if they choose to. They simply choose not to, as a matter of policy.

That's the good news...

The bad news is that CBP or ICE would probably hold your husband until it could be confirmed that he is clearly eligible to adjust status. How long would they hold him? Could be hours. Could be weeks. You don't know. For this reason you want to avoid any situation where your husband might be confronted by a CBP or ICE officer, or anyone who might call a CBP or ICE officer to confirm his immigration status. Don't go near the land borders of the United States - there are often immigration checkpoints well inside the US borders. Obviously, he can't leave the US because he wouldn't be able to get back in, but it would probably also be wise not to travel by air within the US. TSA isn't required to check immigration status of passengers, but they do occasionally conduct a close examination of a passport used as identification in order to verify that it's valid. If they discover the alien is out of status based on the I-94 then they might call ICE to come and verify the alien's status. Local and state law enforcement officers usually don't verify an alien's immigration status, but some agencies do call ICE if they suspect an alien is out of status. It would probably also be a good idea not to apply for anything that requires lawful status, like admission to a publicly funded college or university.

Something to consider - your financial situation will probably improve dramatically once your husband begins working. He can't legally work in the US until he gets either an EAD or a green card. He can't get either of those until you submit the AOS application. Borrow some money. Have a yard sale. Collect aluminum cans. Do whatever you can do, but file the AOS as soon as you are able.

[KatRaicha 0]

GREAT! You guys are awesome and relieved alot of stress and worries that he will be deported after the wedding. (yes he is still a finance).

We have not gotten the marriage license yet. He isn't here yet, he has to clean up loose ends and has the 4 months extension.

One last question. Will he need anything extra for the marriage license? Will he have to file for the SSN even though we will not be filing for the AOS in 90? Or is his divorce papers and birth certificate enough?

I tried for find these answers on the USCIS website without luck

[TracyTN 237]

One last question. Will he need anything extra for the marriage license? Will he have to file for the SSN even though we will not be filing for the AOS in 90? Or is his divorce papers and birth certificate enough?

Marriage license requirements depend on the state - google it.

He doesn't HAVE to 'file' for an SSN - but you will likely find it easier to add him to bank accounts, etc. if he does have one.

Are divorce papers and birth certificate enough for what?

You won't find SSN answers on USCIS' site - totally separate government agency for each.

[Brother Hesekiel 2,236]

All he needs is his passport as a valid form of Government-issued ID. He will also sign that he is "free to marry," which implies that his not married to someone else anymore.